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Environmental Management Act, 2011

This section says the Act may be cited as the Environmental Management Act, 2011. This section defines key terms used in the Act. If this Act conflicts with another environmental law, this Act pre…

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Jurisdiction: Zambia
Structure: 149 provisions
Citation: Act 12 of 2011
Dates: Undated source snapshot

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Purpose and legislative effect

“This section says the Act may be cited as the Environmental Management Act, 2011.”

This section says the Act may be cited as the Environmental Management Act, 2011. This section defines key terms used in the Act. If this Act conflicts with another environmental law, this Act prevails to the extent of the conflict, subject to the Constitution. This section recognizes a right to a clean, safe and healthy environment and allows a person to bring an action if that right is threatened. It also says courts and other public bodies must be guided by section 6 principles when making decisions or exercising powers. Every person must safeguard and enhance the environment and inform the Agency about any activity or phenomenon that affects or may affect the environment.

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Short title

This section says the Act may be cited as the Environmental Management Act, 2011.

Section 1

Integrated pollution prevention and control

People who discharge pollutants, contaminants, or noise must take reasonable measures to use the best practicable option. The Director-General or other empowered decision-maker must also ensure that option is used when deciding on licences or authorisations.

Section 38

Protection of hills and landscapes

The Agency must identify at-risk hilly areas within five years of commencement, the Minister must issue a Gazette list of protected landscapes and hilly areas, and the Agency must set management strategies and standards.

Section 75

Right of review

A person aggrieved by an Agency decision or direction may ask the Board to review it, in the prescribed manner and form.

Section 112

Duty to protect environment

“Appointed date” means a date appointed by the Minister by Statutory Instrument.

Section 5

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Showing 149 of 149 provisions

Provision 85Offence 35Interpretation 12Commencement 8

Part

PART I

§ 1Short titleShort title

This section says the Act may be cited as the Environmental Management Act, 2011.

1. This Act may be cited as the Environmental Management Act, 2011. Interpretation

Section 1Verify source

§ 2InterpretationRepeal

This section defines key terms used in the Act.

2. In this Act, unless the context otherwise requires — “abatement” means the reduction, mitigation or removal of environmental pollution to permitted or prescribed levels; “adverse effect” means any harmful or detrimental effect on the environment, whether actual or potential, that— (a) impairs, or may impair, human health; and (b) results in, or may result in, an impairment of the ability of people and communities to provide for their health, safety, cultural and economic wellbeing; “Agency” means the Zambia Environmental Management Agency provided for under section seven; “appropriate authority” means the Minister for the time being having responsibility for, or such public body having powers under any other law over any natural resource, and includes a public or statutory office, body or institution under the following: (a) the Zambia Wildlife Act, 1998; (b) the Water Supply and Sanitation Act, 1997; (c) the National Heritage Conservation Commission Act; (d) the Lands Act; (e) the Lands and Deeds Registry Act; (f) the Mines and Minerals Development Act, 2008; (g) the Fisheries Act, 2011; (h) the Forests Act; (i) the Water Resources Management Act, 2011; (j) the Biosafety Act, 2007; (k) the Inland Waters Shipping Act; Act No. 12 of 1998 Act No. 28 of 1997 Cap. 173 Cap. 184 Cap. 185 Act No. 7 of 2008 Act No. of 2011 Cap. 199 Act No. 21 of 2011 Act No. 10 of 2007 Cap. 466 Environmental Management [No. 12 of 2011 95 Cap. 283 Cap. 295 Cap. 416 Cap. 281 Act No. 13 of 2010 Act No. 9 of 2006 Act No. 11 of 2006 Act No. 14 of 2009 Act No. 23 of 2007 Cap. 436 (l) the Town and Country Planning Act; (m) the Public Health Act; (n) the Standards Act; (o) the Local Government Act; (p) the Disaster Management Act, 2010; (q) the Citizens Economic empowerment Act, 2006; (r) the Zambia Development Agency Act, 2006; (s) the Public-Private Partnership Act, 2009; (t) the Tourism and Hospitality Act, 2007; (u) the Energy Regulation Act; and (v) any treaty, agreement or convention, to which Zambia is a State Party, relating to environmental protection and the management of natural resources; “aquatic environment” means all surface and ground waters, but does not include water in installations and facilities for industrial effluent, sewage collection and treatment; “biological diversity” means the variability among living organisms from all sources including, terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which they are part, and includes diversity within species, among species, and of ecosystems; “biological resources” include genetic resources, organisms or parts thereof, populations or any other bioti component or ecosystems with actual or potential use or value to humanity; “Board” means the Board of the Agency constituted under section eleven; “Chairperson” means the person appointed as Chairperson of the Board under section eleven; “committee” means a committee constituted by the Board under paragraph 2 of the First Schedule; “compliance order” means an order issued under section one hundred and six; “conservation” means the sustainable management and use of nature and natural resources for their inherent value and for the benefit of human beings and other living things; “conservancy authority” means any person or institution who, either voluntarily or under the authority of any law, manages, conserves, preserves, maintains or protects the environment; 96 No. 12 of 2011] Environmental Management “contaminant” means a substance, physical agent, energy or a combination of substances and physical agents, that may contribute to, or create a condition of, pollution; “cost order” means an order issued under section one hundred and seven; “Council” means the Environmental Council established Cap. 204 under the repealed Act; “developer” means a person who proposes to undertake a new project that requires approval under this Act; “Director-General” means the person appointed as such under section thirteen; “Director of Public Prosecutions” means the person appointed Cap. 1 as such under the Constitution; “discharge” means spilling, leaking, pumping, pouring, emitting, emptying or dumping; “ecosystem” means a living functional system which contains all organisms including human beings, their environment and the relationship that exists between them; “effect”, in relation to the environment, includes any actual, potential, temporary, permanent or cumulative effect on the environment; “element”, in relation to the environment, means any of the principal constituent parts of the environment including water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish and wildlife; “emission” means the discharge into the atmosphere of a pollutant from any source in solid, liquid or gaseous state; “environment” means the natural or man-made surroundings at any place, comprising air, water, land, natural resources, animals, buildings and other constructions; “environmental audit” means the systematic, documented, periodic and objective evaluation of how well conservancy authorities and equipment are performing in conserving or preserving the environment; “environmental impact assessment” means a systematic examination conducted to determine whether or not an activity or a project has or will have any adverse impacts on the environment; “environmental management” means the protection, conservation and sustainable use of the various elements of the environment; Environmental Management [No. 12 of 2011 97 “environmental management strategy” means a broad course of action or initiative designed to make the best use of natural resources and opportunities aimed at promoting, protecting and conserving the environment; “environmental monitoring” means the continuous or periodic determination of actual and potential effects of any activity or phenomenon on the environment; “environmental restoration order” means an order issued under section one hundred and five; “extended producer responsibility” means actions that extend a person’s financial or physical responsibility for a product to the post-consumer stage of the product, and includes— (a) waste minimisation programmes; (b) financial contributions to any fund established to promote the minimisation, recovery, reuse or re- cycling of waste; (c) awareness programmes to inform the public of the impacts of waste emanating from the product on human health and the environment; and (e) any other measures to reduce the potential impacts of the product on human health and the environment; “exsitu conservation” means conservation outside the natural ecosystem and habitat of the biological organism; “Fund” means the Environment Fund established under section ninety- five; “genetic resources” means genetic material of actual or potential value; “honorary inspector” means any person appointed as such under section seventeen; “insitu conservation” means conservation within the natural ecosystem and habitat of the biological organisms; “inspector” means a person appointed as such under section fourteen; “inspectorate” means the inspectorate established under section fourteen; “invasive alien species” means an animal or plant with potential to cause harm to the environment when introduced into an ecosystem where the animal or plant does not normally exist; “noise” means any undesirable sound that is intrinsically objectionable or that may cause adverse effects on human health or the environment; “occupier”, in relation to any land or premise, means the person 98 No. 12 of 2011] Environmental Management in actual occupation of, or in charge of, or responsible for, managing the land or premise; “operator”, in relation to works, industry, undertaking or business, means the person having the control of the works, industry, undertaking or business; “ozone layer” means the layer of the atmospheric zone above the planetary boundary layer; “pesticide” means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human or animal disease or unwanted species of plants or animals causing harm or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood, wood products or animal feed, or which may be administered to animals for the control of insects, mites, spider mites or other pests in or on their bodies, and includes substances intended for use as a plant growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage or transport; “policy, plan or programme” means a policy, plan or programme which relates to the whole country, and which is formulated by, or will be implemented by, an organ of Government or a public body, and includes policies, plans and programmes relating to national development of urban and rural areas, land use, livestock, transport, the exploitation of minerals, industrial development, water utilisation, agriculture and any other sector; “pollutant” includes any substance whether liquid, solid or gaseous which— (a) may, directly or indirectly, alter the quality of any element of the receiving environment; or (b) is hazardous or potentially hazardous to human health or the environment; and includes objectionable odours, radio-activity, noise, temperature change or physical, chemical or biological change to any segment or element of the environment; “polluter” means a person who contributes to, or creates a condition of, pollution; “polluter pays principle” means the principle that the person or institution responsible for pollution or any other damage to the environment shall bear the cost of restoration and Environmental Management [No. 12of 2011 99 cleanup of the affected area to its natural or acceptable state; “pollution” means the presence in the environment of one or more contaminants or pollutants in such quantities and under such conditions as may cause discomfort to, or endanger, the health, safety and welfare of human beings, or which may cause injury or damage to plant or animal life or property, or which may interfere unreasonably with the normal enjoyment of life, the use of property or conduct of business; “precautionary principle” means the principle that, lack of scientific certainty should not be used as a reason to postpone measures to prevent environmental degradation, or possible environmental degradation, where there is a threat of serious or irreversible environmental damage, because of the threat; “prevention order” means an order issued under section one hundred and three; “private body” means any person or organisation which is not a public body, and includes a voluntary organisation, non- governmental organisation, charitable institution, company, partnership or a club; “proponent” means the Government, public body or a corporate body proposing or recommending measures for a policy, programme or plan; “proprietary information” means information relating to any manufacturing process, trade secret, trademark, copyright, patent, formula or other intellectual property protected by law or international treaty to which Zambia is a party; “protection order” means an order issued under section one hundred and four; “public body” means the Government, any Ministry or department of the Government, the National Assembly, a local authority, parastatal, board, council, authority, commission or other body appointed by the Government, or established by, or under, any written law; “repealed Act” means the Environmental Protection and Cap. 204 Pollution Control Act; “Secretary” means the person appointed as such under section thirteen; “segment”, in relation to the environment, means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality or time or any combination thereof; 100 No. 12 of 2011] Environmental Management “sewage” means waste water generated by residential, industrial and commercial establishments; “sewerage” includes sewage treatment plants; “site restoration order” means an order issued under section sixty; “standards” means the limits of pollution prescribed under this Act; “strategic environmental assessment” means an assessment of the positive and adverse effects or impact that the implementation of a policy, programme or plan has or is likely to have on the protection and conservation of the environment or on the sustainable management of the environment; “sustainable development” means development that meets the needs and aspirations of the present generation without causing deterioration or compromising the ability to meet the needs of future generations; “sustainable use” means the use of the environment which does not compromise the ability to use the environment by future generations or degrade the capacity of the supporting ecosystems; “sustainable management” means protecting and managing the use of the environment, in a manner that, while enabling human beings to provide for their health, safety, social, cultural and economic well being— (a) safeguards the life-supporting capacity of air, water, soil and ecosystems; (b) maintains the life-supporting capacity and quality of air, water, soil and ecosystems, including living organisms, to enable future generations to meet their reasonably foreseeable needs; and (c) avoids the creation of adverse effects, wherever practicable, and where adverse effects cannot be avoided, mitigates and remedies the adverse effects as far as is practicable; “toxic substance” means chemical material, including an object or article, which is poisonous, corrosive, irritant, explosive, inflammable or harmful to human beings, animals, plants or the environment; “Vice-Chairperson” means the person appointed as Vice- Chairperson of the Board under section eleven; Environmental Management [No. 12 of 2011 101 “waste” means any matter whether liquid, solid, gaseous or radio-active, which is discharged, emitted or deposited in the environment in such volume, composition or manner as to cause an adverse effect to the environment, and includes such waste as may be prescribed under this Act; “waste water” means water which has been used for domestic, commercial, agricultural, trading or industrial purposes and as a result of such use may cause pollution of the aquatic environment when discharged into the aquatic environment; “water” means water in its natural state, including— (a) surface water; (b) water which rises naturally on any land or drains or falls naturally on to any land, even if it does not visibly join any watercourse; or (c) ground water; and “wetland” means a transitional area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salty, including areas of marine water the depth of which at low tide does not exceed six metres.

Section 2Verify source

§ 3Superiority of ActProvision

If this Act conflicts with another environmental law, this Act prevails to the extent of the conflict, subject to the Constitution.

3. Subject to the Constitution, where there is any inconsistency between the provisions of this Act and the provisions of any other written law relating to environmental protection and management, which is not a specific subjected related to law on a particular environmental element, the provisions of this Act shall prevail to the extent of the inconsistency.

Section 3Verify source

§ 4Right to clean, safe and healthy environmentProvision

This section recognizes a right to a clean, safe and healthy environment and allows a person to bring an action if that right is threatened. It also says courts and other public bodies must be guided by section 6 principles when making decisions or exercising powers.

4. Zambia has the right to a clean, safe and healthy environment. (1) Subject to the Constitution, every person living in (2) The right to a clean, safe and healthy environment shall include the right of access to the various elements of the environment for recreational, education, health, spiritual, cultural and economic purposes. (3) A person may, where the right referred to in subsection (1) is threatened or is likely to be threatened as a result of an act or omission of any other person, bring an action against the person whose act or omission is likely to cause harm to human health or the environment. (4) The action referred to in subsection (3) may seek to— (a) prevent, stop or discontinue any activity or omission, which threatens, or is likely to cause harm to, human health or the environment; Superiority of Act Cap. 1 Right to clean, safe and healthy environment Cap. 1 102 No. 12 of 2011] Environmental Management (b) compel any public officer to take measures to prevent or discontinue any act or omission, which threatens, or is likely to cause harm to, human health or the environment; (c) require that any on-going activity or omission be subjected to an environmental audit or monitoring; (d) require the person whose activity or omission threatens, or is likely to cause harm to, human health or the environment, to take measures to protect human life or the environment; (e) compel the person responsible for any environmental degradation to restore the degraded environment, as far as practicable, to its condition immediately prior to the damage; and (f) provide compensation to any victim for the harm or omission and the cost of beneficial uses lost as a result of an activity that caused harm to human health or the environment. (5) A court, tribunal, appropriate authority, a person or body exercising a public function and any person exercising jurisdiction under this Act shall, in relation to any decision, order, exercise of any power or performance of any function, be guided by the principles set out in section six.

Section 4Verify source

§ 5Duty to protect environmentProvision

Every person must safeguard and enhance the environment and inform the Agency about any activity or phenomenon that affects or may affect the environment.

5. Every person has a duty to safeguard and enhance the environment and to inform the Agency of any activity or phenomenon that affects or may affect the environment.

Section 5Verify source

§ 6Principles governing environmental managementProvision

This section lists principles to be applied in environmental management, including prevention and minimisation of harm, precaution, polluter pays, public participation, access to information, waste reduction, and sustainable use of resources.

6. The following principles shall be applied in achieving the purpose of this Act: (a) the environment is the common heritage of present and future generations; Duty to protect environment Principles governing environmental management (b) adverse effects shall be prevented and minimized through long-term integrated planning and the co-ordination, integration and co-operation of efforts, which consider the entire environment as a whole entity; (c)the precautionary principle; (d) the polluter pays principle; (e) equitable access to environmental resources shall be promoted and the functional integrity of ecosystems shall be taken into account to ensure the sustainability of the ecosystems and to prevent adverse effects; (f) the people shall be involved in the development of policies, plans and programmes for environmental management; (g) the citizen shall have access to environmental information to enable the citizen make informed personal choices Environmental Management [No. 12 of 2011 103 which encourages improved performance by industry and the Government; (h) the generation of waste should be minimised, wherever practicable, and waste should, in order of priority, be re-used, re-cycled, recovered and disposed of safely in a manner that avoids creating adverse effects; (i) the environment is vital to people’s livelihood and shall be used sustainably in order to achieve poverty reduction and socio-economic development; (j) non-renewable natural resources shall be used prudently, taking into account the needs for the present and future generations; (k) renewable natural resources shall be used in a manner that is sustainable and does not prejudice their viability and integrity; and (l) community participation and involvement in natural resources management and the sharing of benefits arising from the use of the resources shall be promoted and facilitated. PART II the ZAmbiA environmentAl mAnAgement Agency

Section 6Verify source

§ 1Short titleShort title

This section sets out how the Board runs its meetings and makes decisions.

1. (1) Subject to the other provisions of this Act, the Board may Proceedings of Board regulate its own procedure. (2) The Board shall meet for the transaction of business at least once in every three months at such places and times as the Board may determine. (3) A meeting of the Board may be called by the Chairperson upon giving notice of not less than fourteen days, and shall be called by the Chairperson if not less than one-third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon a shorter notice given by three members of the Board. (4) The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, with six other members shall constitute a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice- Chairperson, such other member as the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to that person’s deliberative vote. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board, but such person shall have no vote. (8) The validity of any proceedings, acts or decisions of the 174 No. 12 of 2011] Environmental Management Committees of Board Allowances of members Disclosure of interest Prohibition of publication or disclosure of information to unauthorised persons Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings.

Section 1Verify source

§ 2InterpretationInterpretation

The Board may create a committee, appoint its members, delegate functions to it, and the committee may set its own procedure subject to the Board’s directions.

2. (1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee such functions of the Board as it considers necessary. (2) Subject to sub-paragraph (1), the Board may appoint as members of a committee constituted under sub-paragraph (1), persons who are, or are not, members of the Board, except that at least one member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold office for such period as the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

Section 2Verify source

§ 3Superiority of ActProvision

Allowances may be paid to Board and committee members as the Board decides, with the Minister’s approval.

3. There shall be paid to a member of the Board or a member of a committee such allowances as the Board may determine, with the approval of the Minister.

Section 3Verify source

§ 4Right to clean, safe and healthy environmentCommencement

A person at a Board or committee meeting must disclose a private interest in the matter, and must not take part in discussion or voting unless the Board or committee directs otherwise.

4. (1) If any person is present at a meeting of the Board or a committee of the Board at which any matter is the subject of consideration, and in which matter that person or that person’s spouse is directly or indirectly interested in a private capacity, that person shall, as soon as is practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under sub-paragraph (1) shall be recorded in the minutes of the meeting at which it is made.

Section 4Verify source

§ 5Duty to protect environmentOffence

A person must not disclose protected information learned through duties under the Act without written consent from the Agency, except in the course of those duties.

5. (1) A person shall not, without the consent in writing given by, or on behalf of, the Agency, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act. (2) A person who contravenes sub-paragraph (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, Environmental Management [No. 12 of 2011 175 upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

Section 5Verify source

§ 6Principles governing environmental managementProvision

Board members, Board committees, and Agency staff are protected from legal action for good-faith acts or omissions done while exercising powers, functions, or duties under the Act.

6. An action or other proceeding shall not lie or be instituted against a member of the Board, a committee of the Board or a member of staff of the Agency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of the powers, functions or duties conferred under this Act. Immunity PART II finAnciAl ProviSionS (1) The funds of the Agency shall consist of such monies

Section 6Verify source

Part

PART II

§ 7Continuation and re-naming of CouncilRepeal

The Environmental Council continues as a body corporate and is renamed the Zambia Environmental Management Agency; the First Schedule applies to the Agency.

7. (1) The Environmental Council established under the repealed Act shall continue to exist as a body corporate as if established under this Act and is hereby re-named the Zambia Environmental Management Agency. (2) The provisions of the First Schedule apply to the Agency.

Section 7Verify source

§ 8Seal of AgencyProvision

The Board decides the seal’s form, the Director-General keeps it, and certain authorised people may authenticate or use documents without the seal in specified cases.

8. (1) The seal of the Agency shall be such device as may be determined by the Board and shall be kept by the Director-General. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or any other person authorised in that behalf by a resolution of the Board. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency, by the Director-General or any other person generally or specifically authorised in that behalf by the Agency. (4) Any document purporting to be under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Continuation and re- naming of Council Cap. 204 Seal of Agency 104 No. 12 of 2011] Environmental Management Functions of Agency

Section 8Verify source

§ 9Functions of AgencyProvision

The Agency must manage environmental and natural-resource protection functions, including pollution prevention and control, policy advice, coordination, standards, reviews, monitoring, public education, information sharing, and related activities.

9. (1) The Agency shall do all such things as are necessary to ensure the sustainable management of natural resources and protection of the environment, and the prevention and control of pollution. (2) Without limiting the generality of subsection (1), the Agency shall— (a) advise the Minister on the formulation of policies on all aspects of the environment and, in particular, make recommendations for the sustainable management of the environment; (b) co-ordinate the implementation of activities of all ministries, appropriate authorities and conservancy authorities in matters relating to the environment; (c) develop and enforce measures aimed at preventing and controlling pollution; (d) develop, in liaison with the relevant appropriate authority, standards and guidelines relating to the protection of air, water, land and other natural resources and the prevention and control of pollution, the discharge of waste and the control of toxic substances; (e) advise any private or public body on any aspect of nature conservation; (f) initiate, conduct and promote research, surveys, studies, training and investigations in environmental management; (g) research or sponsor research on the effects of climate change on human beings and the environment; (h) ensure the integration of environmental concerns in overall national planning through co-ordination with appropriate authorities; (i) undertake general educational programmes for the purpose of creating public awareness on the environment; (j) review environmental impact assessment reports and strategic environmental assessment reports; (k) monitor trends of natural resources, their use and impact on the environment and make necessary recommendations to the appropriate authority; (l) collaborate with Government agencies, appropriate authorities and other bodies and institutions to control pollution and protect the environment; (m) request information on projects proposed, planned Environmental Management [No. 12 of 2011 105 or in progress and advise stakeholders on projects, programmes, plans and policies for which environmental assessments are necessary; (n) collaborate with such local and international agencies as the Agency considers necessary for the purposes of this Act; (o) publicise information on any aspect of the environment and facilitate public access to information on the environment; and (p) carry out any other activities relating to environmental management and the prevention and control of pollution, which are necessary or conducive to the better performance of its functions under this Act.

Section 9Verify source

§ 10Appropriate authorityProvision

The Minister may appoint an appropriate authority by Gazette notice, after consultation. The Agency may suspend or revoke that appointment if the authority fails to comply with its appointment terms, but only after 14 days’ notice and a hearing opportunity.

10. (1) The Minister may, in consultation with the Agency, appropriate authorities and conservancy authorities, by notice in the Gazette, appoint an appropriate authority to perform such functions of the Agency as the Agency may specify. (2) The Agency may, where an appropriate authority fails to comply with the terms and conditions of its appointment, suspend or revoke its appointment after giving it fourteen days notice to that effect and an opportunity to be heard.

Section 10Verify source

§ 11Board of AgencyOffence

This section creates the Board of the Agency, says the Minister appoints its members and officers, sets eligibility rules, and gives members a three-year term with a possible one-time reappointment.

11. (1) There is hereby constituted a Board of the Agency which shall consist of the following part-time members appointed by the Minister: (a) one representative each from the Ministries responsible for— Appropriate authority Board of Agency (i) the environment and natural resources; (ii) health; (iii) mines and minerals development; (iv) local government; (v) agriculture; (vi) energy and water development; and (vii) national planning; (b) a representative of the Attorney-General; (c) a representative of the Zambia Association of Chambers of Commerce and Industry; (d) one person representing non-governmental organisations dealing with environmental management; (e) one person representing an institution involved in scientific and industrial research; and (f) two other persons. 106 No. 12 of 2011] Environmental Management (2) The Minister shall appoint the Chairperson and the Vice- Chairperson of the Board from amongst the members of the Board, except that the Chairperson and the Vice-Chairperson shall not be public officers. (3) A person shall not be appointed as a member of the Board if that person is— (a) not a citizen of Zambia; (b) an undischarged bankrupt; (c) affected by a mental disability which makes the member incapable of performing the functions of a member; or (d) convicted of an offence under this Act or any other written law and has been sentenced to imprisonment for a period exceeding six months without the option of a fine. (4) A member shall hold office for a period of three years and may be re-appointed for one further period of three years. (5) A member may resign upon giving one month’s notice, in writing, to the Minister. (6) The office of a member shall become vacant— (a) if the member is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member has had notice; (b) if the member is adjudged bankrupt; (c) if the member is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; (d) if the member is removed by the Minister; (e) if the member has a mental disability which makes the member incapable of performing the functions of office; or (f) upon the member’s death. Functions of Board (7) The provisions of the First Schedule apply to the Board.

Section 11Verify source

§ 12Functions of BoardProvision

The Board must carry out and oversee the Agency’s functions, review its policy and plans, guide staff and the Director-General, approve budgets and plans, monitor performance, set staff procedures, and do other functions given by the Act.

12. Subject to the other provisions of this Act, the functions of the Board are to— (a) carry out the functions of the Agency; (b) oversee the implementation and successful operation of the policy and functions of the Agency; (c) review the policy and strategic plan of the Agency; (d) provide guidance to the Director-General and staff of the Agency; (e) approve the annual budget and plans of the Agency; Environmental Management [No. of 2011 107 (f) monitor and evaluate the performance of the Agency against budgets and plans; (g) establish and approve rules and procedures for the appointment, discipline, termination and terms and conditions of service of the staff of the Agency; and (h) perform any other function conferred or imposed on the Board by, or under, this Act. (1) The Board shall appoint a Director-General on such

Section 12Verify source

§ 13Director-General, Secretary and other staffProvision

The Director-General is the Agency’s chief executive officer and handles day-to-day administration under the Board’s direction. The Board may appoint the Secretary and other staff on terms it तयines.

13. terms and conditions as the Board may determine. (2) The Director-General shall be the chief executive officer of the Agency and shall be responsible, under the direction of the Board, for the day-to-day administration of the Agency. (3) The Director-General shall be an ex officio member of the Director- General, Secretary and other staff Board. (4) The Board may appoint, on such terms and conditions as it may determine, the Secretary and such other staff as it considers necessary for the performance of the Agency’s functions under this Act.

Section 13Verify source

§ 14InspectorsProvision

The Agency must establish an inspectorate. The Board may appoint inspectors, must give them certificates of appointment, and inspectors must carry and show the certificate when acting under the Act.

14. (1) The Agency shall establish an inspectorate with the necessary technical staff and facilities required to administer, monitor and enforce measures for the protection of the environment and the prevention of pollution. (2) The Board may appoint any suitable person to be an inspector for the purposes of ensuring compliance with this Act, on such terms and conditions as the Board may determine. (3) The Board shall provide an inspector with a certificate of appointment, in the prescribed form, which shall be prima facie evidence of the inspector’s appointment as such. (4) An inspector shall, in performing any function under this Act— (a) be in possession of the certificate of appointment referred to under subsection (3); and (b) show the certificate of appointment to any person who requests to see it or is subject to an investigation under this Act.

Section 14Verify source

§ 15Powers of inspectorsOffence

Inspectors may enter, search, inspect, sample, seize, detain, and require information or assistance for investigations, and people must not obstruct them.

15. (1) An inspector may, at any reasonable time— (a) enter and search any industrial facility or plant, undertaking, business or any other premises, where the inspector has reasonable grounds to believe information or documents which are relevant to the investigation are kept or an activity discharging or likely to discharge a Inspectors Powers of Inspectors 108 No. 12 of 2011] Environmental Management contaminant or pollutant into the environment is being carried out or is likely to be carried out and— (i) take samples or materials used in or resulting from the activity; and (ii) inspect any vehicle or other conveyance at the industrial facility or plant, undertaking, business or other premises; (b) search any person in an industrial facility or plant, undertaking, business or any other premises if there are reasonable grounds to believe that the person has possession of any document or article that has a bearing on an investigation: Provided that a person shall only be searched by a person of the same sex; (c) examine any document, material, matter, substance or article found in any industrial facility or plant, undertaking, business or other premises that has a bearing on an investigation; (d) require information to be given about any document, article, an industrial facility or plant, undertaking, business or any other premises by— (i) the owner of the industrial facility or plant, undertaking, business or premises; (ii) the person in control of the industrial facility or plant, undertaking, business or premises; (iii) any person who has control of the document, an industrial facility or plant, undertaking, business or article; or (iv) any other person who may have the information; (e) take extracts from, or make copies of, any book, licence, permit or document found in an industrial facility or plant, undertaking, business or premises that has a bearing on an investigation; (f) use any computer system in any industrial facility or plant, undertaking, business or premises, or require the assistance of any person in the industrial facility or plant, undertaking, business or premises to use that computer system, to— (i) search any data contained in, or available to, the computer system; (ii) reproduce any record from the data; or (iii) seize any output from the computer for examination and copying; and Environmental Management [No. 12 of 2011 109 (g) attach and, if necessary, remove from an industrial facility or plant, undertaking, business or premises for examination and safeguarding any document, matter, material, substance or article that has a bearing on an investigation. (2) An inspector may, for purposes of an investigation— (a) inspect and examine any premises, vehicle, aircraft, boat, railway carriage or other conveyance in or upon which the inspector has reasonable grounds to believe that a pesticide, toxic substance, hazardous waste, invasive alien species or other contaminant or pollutant is being or has been used, stored or transported; (b) order the production of any document pertaining to the use, storage or transportation of any pesticide, toxic substance, hazardous waste, invasive alien species or other contaminant or pollutant; (c)order the cessation of any operation or activity causing any adverse effects to the environment or which poses or is likely to pose an immediate danger to human, animal or plant life; (d) obtain any samples of the invasive alien species or substances mentioned in paragraph (b) as the inspector considers necessary; or (e) request information from any person who has custody or control of any premises, conveyance or substance referred to in paragraph (a). (3) An inspector may seize and detain any substance, material, matter, vehicle, aircraft, boat or other conveyance where the inspector has reasonable grounds to believe that— (a) the substance, material, matter, vehicle, aircraft, boat or other conveyance has been used or is being used for the commission of an offence under this Act; (b) the substance, material, matter, vehicle, aircraft, boat or other conveyance is causing or is likely to cause pollution contrary to this Act; or (c) the vehicle, aircraft, boat or other conveyance is transporting or hoarding any matter, material, substance or article causing or likely to cause pollution contrary to the provisions of this Act. (4) An inspector who removes any document, matter, material, 110 No. 12 of 2011] Environmental Management substance or article from any industrial facility or plant, undertaking, business or premises under paragraph (g) of subsection (1) shall— (a) issue a receipt for the document, matter, material, substance or article to the owner of, or person in control of, the industrial facility or plant, undertaking, business or premises; and (b) return the document, matter, material, substance or article as soon as practicable if— (i) the purpose for which it was removed is achieved; (ii) the Director of Public Prosecutions advises the Agency, in writing, that no prosecution shall be instituted in relation to the matter, material, substance or article; or (iii) the person from whom the document, article, substance, material, matter, vehicle, aircraft, boat or other conveyance was seized is not convicted of an offence under this Act. (5) A person who— (a) delays or obstructs an inspector in the performance of the inspector’s functions under this Act; (b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of exercising the inspector’s powers; (c) gives an inspector false or misleading information in answer to an inquiry made by the inspector; or (d) impersonates or falsely represents oneself to be an inspector; commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (6) An inspector shall furnish the Agency with a written report and any other information relating to an inspection, as the Agency may require. (7) Nothing in this section requires a person to disclose or produce information, or a document, that is classified or which falls under the State Security Act.

Section 15Verify source

§ 16Powers of arrestOffence

An inspector may arrest a person without a warrant in defined circumstances, and must then hand the person to police or a police station within 24 hours and bring the person before a court without undue delay.

16. (1) An inspector may arrest a person, without warrant, where the inspector has reasonable grounds to believe that the person— (a) is committing or has committed an offence under this Act; Cap. 111 Powers of arrest Environmental Management [No. 12 of 2011 111 (b) is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; (c) unless arrested, will— (i) escape or cause unreasonable delay, trouble or expense in being made answerable to justice; (ii) interfere with the witnesses; or (iii) tamper with or destroy relevant evidence or material; or (d) is willfully obstructing the inspector in the execution of the inspector’s duties. (2) An inspector shall, where the inspector arrests a person under subsection (1), hand over the person to a police officer, or surrender that person to a police post or station within twenty-four hours. (3) An inspector who makes an arrest under subsection (1) shall, without undue delay, have the person so arrested brought before a court of competent jurisdiction to be dealt with accordingly. (1) The Agency may, by notice in the Gazette, on such

Section 16Verify source

§ 17Honorary inspectorsProvision

The Agency may appoint an honorary inspector for up to three years, renew the appointment for another three years, and revoke or renew appointments by notice in the Gazette. An honorary inspector must act within the appointment terms and perform an inspector’s functions and duties.

17. terms and conditions as it may determine, appoint any suitable person as an honorary inspector for a period not exceeding three years, and may renew such appointment for a further three years. (2) The Agency may, by notice in the Gazette, revoke or renew any appointment made under subsection (1). (3) The appointment of an honorary inspector may be— (a) general, to empower the honorary inspector to act in any area of the Republic; or (b) limited, to empower the honorary inspector to act in such area of the Republic as may be specified in the instrument of appointment. (4) Subject to the other provisions of this Act and to the terms of the instrument of appointment, an honorary inspector shall, within the terms of the appointment, exercise the functions and perform the duties of an inspector.

Section 17Verify source

§ 18Appointment of prosecutorsOffence

The Director of Public Prosecutions may appoint an inspector, on the Agency’s request, to handle prosecutions under this Act and may cancel that appointment at any time. The inspector must follow the Director’s instructions and has a prosecutor’s powers for those prosecutions.

18. (1) The Director of Public Prosecutions may, at the request of the Agency, appoint by name or rank an inspector to undertake, or assist in undertaking and prosecuting, criminal proceedings in respect of an offence alleged to have been committed by any person in contravention of this Act, and may, at any time, cancel the appointment. (2) An inspector shall, in prosecuting any proceedings under subsection (1), act in accordance with the general or special instruction of the Director of Public Prosecutions and shall, for Honorary inspectors Appointment of prosecutors 112 No. 12of 2010] Environmental Management Act No. 34 of 2010 Immunity of inspectors State of Environment Report National Environmental Action Plan the purpose of any prosecution, have the powers of a prosecutor appointed under the National Prosecutions Authority Act, 2010.

Section 18Verify source

§ 19Immunity of inspectorsProvision

Inspectors are protected from legal proceedings for good-faith acts or omissions done in exercising, or purporting to exercise, their powers, functions, or duties under the Act.

19. An action or other proceeding shall not lie or be instituted for, or in respect of, any act or thing done or omitted to be done in good faith by an inspector in the exercise or performance, or purported exercise or performance, of any of the powers, functions or duties conferred on the inspector under this Act. PART III integrAted environment mAnAgement

Section 19Verify source

§ 7Continuation and re-naming of CouncilProvision

The Agency can receive funds, accept grants or donations, borrow money, charge fees, and invest unused funds, but some of these actions need the Minister’s approval or must follow regulations.

7. as may— Funds of Agency (a) be appropriated to the Agency by Parliament for the purposes of the Agency; (b) be paid to the Agency by way of fees, grants or donations; and (c) otherwise vest in or accrue to the Agency. (2) The Agency may, subject to the approval of the Minister— (a) accept monies by way of grants or donations from any source within or outside Zambia; (b) raise by way of loans or otherwise, such monies as it may require for the discharge of its functions; or (c) in accordance with the regulations made under this Act, charge and collect fees for services provided by the Agency. (3) There shall be paid from the funds of the Agency— (a) the salaries, allowances, pensions and loans of the members of staff of the Agency; (b) such reasonable travelling and other allowances for the members of the Board and the members of any committee of the Board when engaged in the business of the Agency, at such rates as the Board may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Agency in the performance of its functions under this Act. (4) The Agency may invest, in such manner as it considers appropriate, such funds of the Agency which it does not immediately require for the performance of its functions. 176 No. 12 of 2011] Environmental Management Financial year

Section 7Verify source

§ 8Seal of AgencyProvision

The Agency’s financial year runs for 12 months and ends on 31 December each year.

8. The financial year of the Agency shall be a period of twelve months ending on 31st December in each year. Accounts

Section 8Verify source

§ 9Functions of AgencyProvision

The Agency must keep proper accounting books and records, have its accounts audited every year, and pay the Auditor-General’s fees.

9. (1) The Agency shall cause to be kept proper books of account and other records relating to its accounts. Annual report Staff of Council (2) The accounts of the Agency shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Agency.

Section 9Verify source

§ 10Appropriate authorityProvision

The Agency must send the Minister an activity report within 90 days after the financial year ends, and the Minister must lay it before the National Assembly within 7 days after its next sitting after receipt.

10. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Agency shall submit to the Minister a report concerning its activities during the financial year. (2) The report referred to in sub-paragraph (1) shall include information on the financial affairs of the Agency and there shall be appended to the report— (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (1), lay the report before the National Assembly. SECOND SCHEDULE (Section 135 (2)) SAvingS And trAnSitionAl ProviSionS

Section 10Verify source

§ 1Short titleShort title

People who were officers or employees of the Council before the appointed date continue as officers or employees of the Agency, and their service is treated as continuous.

1. (1) For the avoidance of doubt, a person who, before the appointed date, was an officer or employee of the Council, shall continue to be an officer or employee of the Agency, as the case may be, as if appointed or employed under this Act. (2) The service of the persons referred to in sub-paragraph (1) shall be treated as continuous service. (3) Nothing in this Act, affects the rights and liabilities of any person employed or appointed by the Council before the appointed date. Transfer of assets and liabilities

Section 1Verify source

§ 2InterpretationCommencement

The Agency must apply in writing to register transferred assets, rights, liabilities, or obligations, and the registration authority must record the transfer and related title documents; no registration fees or other duties are payable.

2. (1) On or after the appointed date, there shall be transferred to, vest in and subsist against the Agency by virtue of this Act and without further assurance— (a) the affairs of the Council; and (b) subject to this Act, all property, rights and obligations which, immediately before the appointed date, were the property, rights and obligations of the Council. Environmental Management [No. 12 of 2011 177 (2) Except as provided in this Act, every deed, bond and agreement, other than an agreement for personnel service, to which the Council was a party immediately before the appointed date, whether or not of such a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if— (a )Agency had been party to it; (b) for any reference to the Council there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Agency; or (c) for any reference to any officer of the Council, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the appointed date, a reference to such officer of the Agency as the Agency shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the Council are deemed to be transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.

Section 2Verify source

§ 4Right to clean, safe and healthy environmentProvision

Pending proceedings and applications involving the Council may continue by or against the Agency, and after the appointed date the Agency may bring or face proceedings about rights, liabilities, or obligations formerly vested in the Council.

4. (1) Any legal proceedings or application of the Council pending immediately before the appointed date by or against the Council may be continued by or against the Agency. Legal proceedings (2) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Council, may be instituted by or against the Agency.

Section 4Verify source

§ 5Duty to protect environmentProvision

“Appointed date” means a date appointed by the Minister by Statutory Instrument.

5. For purpose of this schedule, “appointed date” means such date as the Minister may, by Statutory Instrument, appoint. 178

Section 5Verify source

Part

PART III

§ 20State of Environment ReportCommencement

The Minister must publish a State of the Environment Report within two years after the Act starts, and then every five years.

20. (1) The Minister shall, within two years of the commencement of this Act, and every five years thereafter, publish a State of the Environment Report. (2) The State of the Environment Report shall provide information on the environment in Zambia and, in particular, on the quality of the environment, and without limiting its generality, shall— (a) describe the quality of the environment and the results of environmental quality monitoring; (b)describe any significant adverse effects that have been caused, are being caused or are likely to be caused in the foreseeable future, and where possible, identify the causes and trends; (c) describe the monitoring, enforcement and other measures which have been, and are being, taken to address the causes of the adverse effects and to improve environmental quality; and (d) with respect to international agreements and negotiations relating to the environment in Zambia, the regional or the global environment— (i) report on all agreements to which Zambia is a party, and on their domestic implementation; and (ii) report on negotiations in which Zambia has participated since the previous State of the Environment Report.

Section 20Verify source

§ 21National Environmental Action PlanCommencement

The Minister must prepare and publish a National Environmental Action Plan within three years of commencement of the Act, and then every ten years after that.

21. (1) The Minister shall, within three years of the commencement of this Act and every ten years thereafter, prepare and publish a National Environmental Action Plan. Environmental Management [No. 12 of 2011 113 Environmental m a n a g e m e n t strategies (2) The National Environmental Action Plan shall include— (a) an assessment of both the urgency and the importance of actions that should be taken in the short, medium and longterm in order to prevent, eliminate and reduce adverse effects as described in the most recent State of the Environment Report; (b) an assessment of the resources at the disposal of the Government as a whole, the Minister and the Agency, which may be used to take the actions referred to in paragraph (a); (c) a strategy and schedule for the implementation of the necessary actions; and (d) any other information as may be prescribed. (3) A draft National Environmental Action Plan shall be subject to public review in accordance with Part VII before its finalisation.

Section 21Verify source

§ 22Environmental management strategiesCommencement

Ministers must get each ministry’s environmental management strategy prepared and submitted for approval, the Board must consider it, and the ministry must publish and implement the approved strategy.

22. (1) Within three years of the commencement of this Act, each Minister shall ensure that an environmental management strategy for the Ministry for which the Minister is responsible, is prepared and submitted to the Agency for approval. (2) The Board shall consider each environmental management strategy submitted to it and shall, as soon as reasonably practicable, notify the Ministry concerned that it has approved the strategy or of the ways in which the Board requires the strategy to be amended in order for the Board to approve it. (3) After the Board has approved a strategy, the Ministry concerned shall, within six months of the date of approval, publish the strategy in the Gazette and start implementing it. (4) A strategy shall include the following: (a) a description of the principal effects that the activities regulated by the Ministry have or may have on the environment and the sustainable management of natural resources; (b) a description of the principal effects that the activities of the Ministry have or may have on the environment and the sustainable management of natural resources; (c) a statement of the objectives of the strategy, which shall be designed to further the achievement of the purpose of this Act and the National Environmental Action Plan referred to in section twenty-one; and (d) a description of the practical measures that the Ministry will take to give effect to the purposes of this Act and to 114 No. 12 of 2011] Environmental Management the principles referred to in section six, and to ensure that it exercises its functions in a way that helps to achieve the objectives of the strategy. (5) A Ministry shall review its environmental management strategy at least once every ten years and shall publish a report on that review in the Gazette. (6) A review report shall include— (a) an assessment of the effects that activities in the sector regulated by the Ministry have had on the environment and the sustainable management of natural resources over the previous five years, and an assessment of future trends in this regard; (b) an assessment of the effects that the activities of the Ministry have had on the environment and on the sustainable management of natural resources, over the previous five years; (c) an assessment of the extent to which the objectives of the strategy have been achieved and the effectiveness of the strategy in assisting the Ministry to apply the principles set out in section six; (d) recommendations for improving the strategy; and (e) proposed amendments to the strategy or a draft of a new strategy that takes into account the assessments noted in the review.

Section 22Verify source

§ 23Strategic environmental assessmentProvision

A proponent must do a strategic environmental assessment and submit it for Agency approval before adopting or implementing a covered policy, programme, or plan.

23. (1) The proponent of a policy, programme or plan that could have an adverse effect on environmental management or on the sustainable management and utilisation of natural resources shall conduct a strategic environmental assessment of the draft policy, programme or plan and present a strategic environmental assessment report to the Agency, for approval. (2) The proponent referred to in subsection (1) shall not adopt or implement the policy, plan or programme, which is not approved by the Agency. (3) A strategic environmental assessment report prepared under subsection (1) shall include — (a) a full description of the policy, programme or plan and the objectives it intends to achieve; (b) an identification, description and assessment of the positive and adverse effects that the implementation of the policy, programme or plan is likely to have on the environment and on the sustainable management of natural resources; Strategic environmental assessment Environmental Management [No. 12 of 2011 115 (c) an identification, description and assessment of the likely effects of the alternative means to achieve the policy, programme or plan; (d) an identification, description and assessment of a range of practicable measures that could be taken to avoid, mitigate or remedy any adverse effect that may occur as a result of the implementation of the policy, programme or plan; and (e) any other information prescribed by the Minister, by statutory instrument. (4) Where any proponent considers that a policy, programme or plan, does not require a strategic environmental assessment under this section, the proponent shall submit a draft of the relevant document to the Agency and the Agency shall, as soon as practicable, determine whether or not an assessment is required and shall inform the proponent accordingly, in writing, and the reasons therefor. (5) A proponent shall, after receipt of the decision of the Agency in relation to the strategic environmental assessment report submitted by the proponent, review the policy, programme or plan taking into consideration the strategic environmental assessment report and shall submit the following documents to the Minister and to the Agency: (a) the revised strategic environmental assessment report; and (b) a report indicating— (i) the revisions made to the original document in order to promote environmental protection and the sustainable management of natural resources or to avoid, mitigate or remedy any adverse effects which the implementation of the policy, programme or plan, may have had; and (ii) any other measures that have been, or will be taken to avoid, mitigate or remedy any adverse effects, and when these were or will be taken, and if any measures recommended by the assessment report have been or will not be taken, the reasons for not doing so; and (iii) a revised version of the policy, programme or plan. 116 No. 12 of 2011] Environmental Management Environme- ntally Protected Areas (6) Where the Agency considers that the environmental concerns raised during the strategic environmental assessment process are not adequately addressed by the policy, programme or plan, and that additional cost-effective measures to avoid or mitigate the adverse effects should be taken, the Agency shall, within thirty days of the receipt of the documents referred to in subsection (5), lodge an objection with the proponent and consult with the proponent with a view to reaching an agreement on the amendments to be made to the policy, programme or plan in order to give full effect to the purpose and principles of this Act. (7) Where the Agency and the proponent are unable to reach agreement on the amendments to be made to the revised policy, programme or plan, or the measures to be taken, the Director- General or the proponent may lodge a notice of objection with the Minister. (8) The Minister may, upon receipt of the notice under subsection (7), order the documents referred to in subsection (5) to be subjected to public review or a public hearing before making a final determination.

Section 23Verify source

§ 24Environmentally Protected AreasProvision

The Minister may declare certain ecologically fragile or sensitive land an Environmentally Protected Area, but not if it is already protected under another law.

24. (1) Subject to subsection (2), the Minister may, by statutory instrument, on the recommendation of the Agency and relevant appropriate authority, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area. (2) The powers conferred on the Minister under this section shall not extend to areas declared, or which may be declared, as protected areas under any other written law. (3) The following areas shall be environmentally sensitive areas for the purposes of this Act: (a) wetlands; (b) any area declared as environmentally sensitive by any local authority; (c ) an area designated by the Agency as prone to soil erosion; (d) any land designated by the Agency as land where landslides have occurred or are likely to occur; (e) all areas that have been closed by the Minister to livestock keeping, occupation, cultivation and other specified activities; (f) areas on slopes with a gradient exceeding any angle which the Minister shall, after taking account of scientific advice, specify; (g) any arid and semi-arid lands; Environmental Management [No. 13 of 2011 117 (h) land specified by the Agency as land which should not be developed on account of its fragile nature or of its environmental significance; and land declared under any other written law to be an environmentally sensitive area or hazardous land. (i) (4) In determining whether or not to declare an area as an Environmentally Protected Area, the Minister shall have regard to— (a) the natural features and beauty of the area; (b) the flora and fauna of the area; (c) the unique or special geographical, physiographical, ecological or historic and cultural features of the area; (d) any special scientific feature, cultural feature or biological diversity of, or existing in, the area; (e) the interests of the local communities in, or around, the (f) area; and the need for the Government to comply with any international obligation under any agreement to which Zambia is a party. (5) The management of the Environmentally Protected Area shall vest in the Agency. (6) The Agency shall, where an area is declared to be an Environmentally Protected Area, in consultation with the appropriate authorities and conservancy authorities, prepare an environmental protection plan for the area. (7) An environmental protection plan for an Environmentally Protected Area shall— (a) set out the objectives and policies of protecting and managing the area; (b) formulate strategies for the protection and management of the area; (c) provide for the development of social amenities and recreational facilities, where necessary; (d) facilitate the carrying out of scientific research; and (e) incorporate all the necessary requirements for the effective and sustainable management of the area. (8) Notwithstanding subsections (5) and (6), the Agency may, in addition to the environmental protection plan, prepare an ecosystem management plan for an Environmentally Protected Area. 118 No. 12 of 2011] Environmental Management Declaration of area as wetland Conservation of biological diversity

Section 24Verify source

§ 25Declaration of area as wetlandOffence

The Minister may declare a wetland an ecologically sensitive area, and people may not carry out listed activities in a wetland unless the Agency gives written authorisation.

25. (1) The Minister may, in consultation with the local community and relevant appropriate and conservancy authorities, declare any wetland to be an ecologically sensitive area and may impose limitations on development in or around the area. (2) A person shall not, except in accordance with the written authorisation of the Agency, given after consultation with the Board and the Minister responsible for water resources management— (a) reclaim or drain a wetland; (b) disturb a wetland by drilling or tunneling in a manner that has, or is likely to have, an adverse impact on the wetland or adversely affect the ecosystem; (c) introduce in a wetland an exotic animal or plant; or (d) plant species in a wetland. (3) A person who contravenes subsection (2) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

Section 25Verify source

§ 26Conservation of biological diversityProvision

The Minister must work toward biodiversity conservation and sustainable use, regulate access to biological resources and technology transfer, and may make regulations after consulting the Agency and appropriate authorities.

26. (1) The Minister shall strive to attain the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of biological resources. (2) The Minister shall regulate appropriate access to biological resources and appropriate transfer of relevant technologies, taking into account all rights over those resources, indigenous biological medical knowledge, general knowledge, technologies and appropriate funding. (3) The Minister may, in consultation with the Agency and the appropriate authorities, make regulations prescribing— (a) the development of national strategies, programmes or plans for the conservation and sustainable use of biological diversity; (b) the adaptation of strategies, plans or programmes for the purposes of conservation of biological diversity; (c) the integration, as far as possible and as appropriate, of the conservation and sustainable use of biological diversity into relevant sectoral or crosssectoral plans, programmes and policies; (d) the identification of the components of biological diversity important for conservation and sustainable use, having regard to any international standards applicable to Zambia; Environmental Management [No. 12 of 2011 119 (f) (e) monitoring, through sampling and other techniques, the components of biological diversity, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use; identifying the processes and categories of activities which have or are likely to have significant adverse impacts on the conservation, equitable sharing and sustainable use of biological diversity, and monitoring their effects through sampling and other techniques; and (g) the maintenance and organisation by any mechanism or data derived from the identification and monitoring of activities pursuant to this section.

Section 26Verify source

§ 27Conservation of biological diversity in-situProvision

The Minister may make regulations for in-situ conservation of biological diversity, after consulting the Agency and the appropriate authorities.

27. (1) The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. Conservation of biological diversity insitu (2) Regulations made under this section may prescribe— (a) procedures for the establishment of a system of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) how to regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; (e) the promotion of environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of the areas; the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies; (f) (g) the prevention of the introduction of, control or eradication of invasive alien species which threaten ecosystems, habitats or species; 120 No. 12 of 2011] Environmental Management (h) the furnishing of conditions for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; (i) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (j) the adoption of economically and socially sound measures that act asincentives for the conservation and sustainable use of components of biological diversity; (k) the promotion of the equitable sharing of the benefits arising from the utilisation of knowledge, innovations, genetic resources and practices of indigenous and local communities; and (m) the procedures for the establishment of a system of protected areas where special measures need to be taken to conserve biological diversity. Conservation of biological diversity exsitu

Section 27Verify source

§ 28Conservation of biological diversity ex-situProvision

The Minister may make regulations about ex-situ conservation after consulting the Agency and the appropriate authorities.

28. The Minister may, in consultation with the Agency and the appropriate authorities, make regulations with respect to exsitu conservation so as to— (a) adopt measures for the exsitu conservation of components of biological diversity originating in Zambia; (b) establish and maintain facilities for exsitu conservation and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) adopt measures for the recovery and rehabilitation of threatened species and for their re-introduction into their natural habitats under appropriate conditions; (d) regulate and manage collection of biological resources from natural habitats for exsitu conservation purposes so as not to threaten ecosystems and insitu populations of species; (e) adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; and co-operate in providing financial andother support for exsitu conservation. (f) Environmental Impact Assessment

Section 28Verify source

§ 29Environmental impact assessmentProvision

Projects that may affect the environment need the Agency’s written approval, and related permits or licences cannot be granted unless approval exists or is made a condition. The Agency may delegate functions, but must not approve projects it considers environmentally harmful or inadequately mitigated.

29. (1) A person shall not undertake any project that may have an effect on the environment without the written approval of the Agency, and except in accordance with any conditions imposed in that approval. Environmental Management [No. 12 of 2011 121 (2) A person, appropriate authority or other public body shall not grant a permit or licence for the execution of a project referred to in subsection (1) unless an approval for the project is granted by the Agency, or the grant of the permit or licence is made conditional upon such approval being granted. (3) Subject to this Act, the Agency may delegate to an appropriate authority any of its functions under this section and may impose conditions with respect to the exercise of the delegated functions: Provided that nothing in this subsection shall be construed so as to absolve the Agency from its responsibility for any act done by such a body or person in the exercise of the delegated authority. (4) The Agency shall not grant an approval in respect of a project if the Agency considers that the implementation of the project would bring about adverse effects or that the mitigation measures may be inadequate to satisfactorily mitigate the adverse effects of the proposed project. (5) A person aggrieved with the granting or refusal of an approval under this section may, within fourteen days of that decision, lodge an appeal in accordance with Part X.

Section 29Verify source

§ 30Regulations relating to environmental assessmentsOffence

The Minister may make regulations, with advice from the Agency, for environmental assessments.

30. (1) The Minister may, by statutory instrument, on the advice of the Agency, make regulations for the effective administration of strategic environmental assessments and environmental impact assessments. (2) Without limiting the generality of subsection (1), regulations made under that subsection may provide for— (a) the categories of projects that are considered to have an effect on the environment for the purposes of subsection (1) of section twenty-nine and are required to conduct environmental impact assessments; (b) the procedural requirements for public hearings, strategic environmental assessments, environmental impact assessments and comprehensive mitigation plans; (c) the information to be included in a strategic environmental assessment report, an environmental impact assessment and a comprehensive mitigation plan; (d) the fees for the cost of dealing with any application for the approval of projects; (e) the categories of facilities and activities in respect of which the Agency may require environmental audits to Regulations relating to environmental assessments 122 No. 12 of 2011] Environmental Management Protection of atmosphere be conducted and may require the submission of reports on the audits to the Agency; (f) the contents of an environmental audit report; and (g) the penalties for non-compliance with the regulations made under this section. PART IV environmentAl Protection And Pollution control Division 1 - Pollution Control

Section 30Verify source

Part

PART IV

§ 31Protection of atmosphereOffence

The Minister must consult the Agency and appropriate authorities, research ozone-depleting substances and related risks, issue guidelines and programmes, and may make regulations. No person may carry out listed ozone-depleting substance activities without a licence.

31. (1) The Minister shall, in consultation with the Agency and appropriate authorities— (a) undertake, or commission other persons to undertake, research relating to substances, activities and practices that deplete the stratospheric ozone layer and other components of the stratosphere to the detriment of human health and well being and the environment; and (b) issue guidelines and institute programmes relating to— (i) the elimination of substances that deplete the ozone layer; (ii) management practices of activities likely to lead to the degradation of the ozone layer and the stratosphere; or (iii) the reduction and minimisation of risks to human health created by thedegradation of the ozone layer and the stratosphere. (2) A person shall not, without a licence— (a) conduct any activity that produces, or is likely to produce, a controlled substance or any other substance likely to deplete the ozone layer; or (b) import, export, distribute, sell or offer for sale, handle, store, recover, recycle or reclaim a substance likelyto deplete the ozone layer. (3) A person who contravenes subsection (2) commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (4) The Minister may, by statutory instrument, make regulations for the importation, exportation and consumption of ozone depleting substances or related equipment. Environmental Management [No. 12 of 2011 123

Section 31Verify source

§ 32Prohibition of discharges into environmentOffence

A person must not discharge or cause pollutants to be discharged into the environment without a licence if the discharge causes, or is likely to cause, an adverse effect.

32. (1) A person shall not, without a licence, discharge, cause or permit the discharge of, a contaminant or pollutant into the environment if that discharge causes, or is likely to cause, an adverse effect. Prohibition of discharges into environment (2) A person who operates a motor vehicle, boat, train, aircraft or other similar conveyance shall not— (a) operate the conveyance in a manner that is likely to cause the discharge of a contaminant or pollutant in contravention of the prescribed emission standards; or (b) import any machinery, equipment,device or similar thing likely to cause the emission of a contaminant or pollutant into the environment in contravention of prescribed emission standards. (3) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (4) In addition to a sentence that the court may impose under subsection (3), the court may direct the person to— (a) clean up the polluted environment and remove the effects of pollution to the satisfaction of the Agency; and (b) pay the full cost of cleaning the polluted environment and of removing the pollution. (5) Without prejudice to the provisions of subsections (3) and (4), the court may direct the polluter to meet the cost of the pollution to any third parties affected by the pollution caused by that person, through adequate compensation, restoration or restitution.

Section 32Verify source

§ 33Licensing of emission of pollutant or contaminant intoProvision

The Agency may issue emission licences to allow a person to emit or discharge a pollutant or contaminant into the environment, subject to prescribed manner and conditions.

33. The Agency may issue an emission licence to a person to emit or discharge a pollutant or contaminant into the environment in such manner and under such conditions as may be prescribed.

Section 33Verify source

§ 34Procedure for application, grant, modification, etc. of emissionProvision

34. The Minister shall, on the recommendation of the Agency, prescribe — (a) the criteria and procedure for applying for an emission licence and the grant, varying, renewal, transfer and revocation of an emission licence; Licensing of emission of pollutant or contaminant into environment Procedure for application, grant, modification, etc. of emission licence 124 No. 12 of 2011] Environmental Management Reporting of discharge into environment Duty to inform Agency of intention to develop (b) the terms and conditions attaching to an application, grant, varying, refusal, renewal, transfer or revocation of an emission licence; and (c) any other matters that are necessary or incidental to the effective regulation of emission licences under this Act.

Section 34Verify source

§ 35Reporting of discharge into environmentOffence

People who unlawfully discharge pollutants or contaminants, or do so in a way that causes or may cause adverse effects, must notify the Agency, provide discharge information, and take practicable containment and remediation steps. Dischargers or emitting facilities must also measure discharge levels and submit results to the Agency.

35. (1) A person who discharges or causes or permits the discharge of a contaminant or pollutant into the environment in a manner or amount that isunlawful or that causes, or is likely to cause, an adverse effect shall— (a) immediately notify the Agency; (b) submit to the Agency information relating to the quantity and quality of the discharge or emission; and (c) take all practicable steps to contain the discharge or emission and to prevent, mitigate or remedy the adverse effects resulting from the discharge or emission, including removing any deposit. (2) A person or a facility discharging or emitting a pollutant or contaminant into the environment shall measure the levels of the discharge or emission and submit the results to the Agency in the prescribed manner. (3) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

Section 35Verify source

§ 36Duty to inform Agency of intention to developProvision

A person planning a new pollution-creating development must inform the Agency early, and the Agency may then require an environmental impact assessment.

36. (1) A person intending to erect, install or develop a new industrial facility or plant, an agricultural scheme, business or any other undertaking that is likely to emit or discharge any pollutant or contaminant into the environment shall inform the Agency of the intention during the early planning stage. (2) The Agency may, after the receipt and consideration of the information submitted under subsection (1), require the developer of the industrial facility or plant, agricultural scheme, business or undertaking referred to in subsection (1) to undertake an environmental impact assessment in accordance with section twenty-nine. (3) An extension or alteration of an existing industrial facility or plant, agricultural scheme, business or any other undertaking shall be deemed to be new if the extension will (a) increase any emission or discharge into the environment in the quantity or concentration of the pollutant or contaminant; Environmental Management [No. 12 of 2011 125 (b) alter the ecosystem; (c) alter the biodiversity regime; (d) alter the landuse of a particular zone or area; or (e) introduce one or more types of pollutants or contaminants into the environment.

Section 36Verify source

§ 37Duty to submit information to inspectorateProvision

Owners or operators of listed undertakings that may pollute must give the inspectorate information on pollutant quantity and quality, and the inspectorate can require extra testing, meters, and records.

37. (1) An owner or operator of an agricultural scheme, sewerage system, industrial facility or plant, business or any other undertaking which is likely to cause emission or discharge of a pollutant or contaminant into the environment shall submit to the inspectorate information relating to the quantity and quality of the pollutant or contaminant. (2) The inspectorate may require an owner oroperator of an agricultural scheme, sewerage system, industrial facility or plant, business or any other undertaking which the inspectorate has reasonable grounds to believe is likely to cause or is causing the discharge or emission of a pollutant or contaminant into the environment to submit information relating to the quantity and quality of the pollutant or contaminant as the inspectorate may require. The inspectorate may order an owner or operator referred to in this section, at their expense, to install such metering devices, have such samples taken and analysed, and keep such records, as the inspectorate may require. (3) Duty to submit information to inspectorate

Section 37Verify source

§ 38Integrated pollution prevention and controlProvision

38. (1) A person who discharges any pollutant or contaminant into the environment or emits noise shall take reasonable measures to ensure that the best practicable option, as defined in subsection (3), is adopted in relation to the discharge or emission. Integrated pollution, prevention and control (2) In determining whether or not to issue a licence or other authorisation to discharge a pollutant or contaminant, and the terms and conditions of the licence or authorisation, the Director-General or any other person empowered to make the decision shall ensure that the best practicable option is adopted. (3) For the purposes of this section, “best practicable option”, in relation to the discharge of a pollutant or contaminant or an emission of noise, means the best method for preventing or minimising adverse effects on the environment, having regard, among other things, to— (a) the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects; (b) the effect on the environment of that option when compared with other options; and (c) the current state of technical knowledge and the likelihood that the option can be successfully applied. 126 No. 12 of 2011] Environmental Management Integrated decision- making process and single permit or licence system Promotion of cleaner production and sustainable consumption of goods and services

Section 38Verify source

§ 39Integrated decision-making process and single permit or licenceProvision

Before issuing or granting certain environment-related licences or permits, an appropriate authority must first consult the Agency; the Agency may add conditions, and those conditions must be endorsed on the licence or permit.

39. (1) An appropriate authority shall not issue or grant any licence, permit or other authorisation for the doing of any activity by any person, which may have an adverse effect on the environment, before the appropriate authority first consults the Agency as to whether the issuing or the grant of the licence, permit or other authorisation will have an adverse effect on the environment. (2) The Agency may, where consulted under subsection (1), impose such conditions or stipulate such requirements as the Agency considers necessary to maintain or protect the environment, including conditions relating to the strict compliance of any other written law. (3) Where the Agency imposes any conditions or stipulates any requirement under subsection (2), an appropriate authority shall endorse such condition or requirement on any licence or permit issued to any person whose activities under the licence or permit will affect the environment. (4) A conservancy authority or an appropriate authority shall, when requested to do so by the Agency, give to the Agency any advice or assistance or submit such information as may be necessary for the performance of the Agency’s functions under this section. (5) Any contravention of any condition or requirement endorsed on any licence or permit, under subsection (3), shall be a ground for the revocation of any permit or licence issued by an appropriate authority under the relevant law. (6) A person whose permit or licence authorises the doing of any activity likely to have an adverse effect on the environment as specified in the permit or licence shall pay, to the appropriate authority that issued the permit or licence, the charge prescribed under this Act for that activity and such permit or licence shall for all purposes be deemed to be a permit or licence issued under this Act for the activity as specified and shall be subject to this Act. (7) Where a person makes a payment under subsection (6), the appropriate authority shall transmit to the Agency the charges paid.

Section 39Verify source

§ 40Promotion of cleaner production and sustainable consumptionProvision

The Agency must promote cleaner production and sustainable consumption, and it may issue related guidelines with consultation.

40. (1) The Agency shall, in collaboration with the appropriate authorities and conservancy authorities, promote cleaner production technologies and techniques and foster sustainable consumption of goods and services. (2) The Agency may, in consultation with an appropriate authority and conservancy authority, establish guidelines relating to— Environmental Management [No. 12 of 2011 127 (a) cleaner production technologies and techniques and sustainable consumption to guide industrial, tourism, trade, mining, agriculture and service oriented activities; (b) the monitoring of the impact of cleaner production; (c) mainstreaming of procedures and guidelines for financing projects so as to encourage sustainable financing for cleaner production initiatives; and (d) mainstreaming of cleaner production and sustainable consumption approaches in relevant policies in public and private bodies.

Section 40Verify source

§ 41Environmental emergency preparednessProvision

The Minister must prepare environmental emergency guidelines and consult specified bodies when preparing an emergency preparedness plan; the Minister must not issue separate regulations if similar ones already exist under another law, and the Agency has power to supervise and enforce those other-law regulations.

41. (1) The Minister shall, in consultation with the Agency and relevant appropriate authority, prepare guidelines for the management of environmental emergencies including— Environmental emergency preparedness (a) oil spills and gas leakages; (b) spills of toxic substances; (c) industrial accidents; (d) natural and climate change related to disaster such as floods, cyclones, droughts and major pest infestations or the introduction and spread of invasive alien species; (e) the influx of refugees; and (f) fire. (2) Notwithstanding subsection (1), the Minister shall not issue separate regulations in relation to the matters to be prescribed where similar regulations have been issued under another law dealing with the particular subject matter. (3) The Agency shall, where regulations are issued under other laws, have the general power to supervise and enforce those regulations to ensure adequate and effective protection of the environment as if issued under this Act. (4) The Minister shall, with a view to prepare an emergency preparedness plan appropriate to the risk anticipated in any establishment, premises or any area of land, consult with the Disaster Management Unit, appropriate authorities, public and private bodies, local and international organisations and members of the public.

Section 41Verify source

§ 42Declaration of environmental emergencyProvision

The Minister may declare an environmental emergency in an area, must then set up an emergency committee, and may issue a statutory order for managing the emergency area.

42. (1) The Minister may, by notice in the Gazette, where the Minister considers that an emergency has arisen in an area in relation to a pollution incident, declare an environmental emergency in that area. (2) The Minister shall, as soon as an emergency is declared under subsection (1), establish an emergency committee which shall include amongst others, all relevant appropriate authorities Declaration of environmental emergency 128 No. 12 of 2011] Environmental Management to co-ordinate the remedial emergency action under the direction and control of the Director-General. (3) The Minister may, where the Minister declares an environmental emergency in an area, make a statutory order— (a) specifying the conditions applicable to the area; (b) prescribing the signage to designate the area; (c) prescribing the conditions for entry into the area and the activities which may or may not be conducted in the area; (d) prescribing the method of securing the area; (e) regulating the use of the area for a specified period after (f) the lifting of the emergency situation; and any other matter necessary for the purposes of environmental emergencies. Regulations on pollution control

Section 42Verify source

§ 43Regulations on pollution controlAmendment

The Minister may make pollution-control regulations, and must consult specified authorities in the process.

43. (1) The Minister may, by statutory instrument, on the advice of the Agency after the Agency has consulted appropriate authorities, make regulations— (a) preventing and controlling activities that result in adverse effects on the environment; (b) requiring any person or class of persons to monitor discharges of pollutants or contaminants and to keep records of the results of the monitoring; (c) creating systems of integrated pollution prevention and control; (d) providing for the substantive and procedural requirements for licences issued under this Act; (e) establishing requirements, standards and guidelines for preventing and controlling discharges into the environment and for activities and the operation of facilities which may cause discharges into the environment; (f) classifying discharges, activities and facilities; (g) classifying toxic substances, environmentally harmful substances and other types of controlled substances; (h) preventing, prohibiting and regulating the import, export, manufacture, transportation, handling, sale, offering for sale, possession, use, storage or disposal of any class of controlled substance or substance or product containing a controlled substance; Environmental Management [No. 12 of 2011 129 (i) (j) providing for the manner in which the Agency and competent authorities in other countries are to be notified or consulted prior to any permission being given for the importation, manufacture or registration of controlled substances; requiring, prohibiting, regulating and establishing standards in relation to the use of any technology, procedure, equipment, fuel, input or other method used in an operation, process or activity that may result in the discharge of a pollutant or contaminant into the environment; (k) for the monitoring of discharges of pollutants or contaminants into the environment and of ambient environmental quality in areas surrounding discharges; (l) for the reporting of any information relating to discharges of pollutants or contaminants into the environment by any person or appropriate authority; (m) establishing a system to control discharges of pollutants or contaminants into the environment; (n) for the payment of fees in relation to discharges of pollutants or contaminants into the environment; (o) in respect of motor vehicles— (i) requiring, regulating and prohibiting the installation, maintenance and use of certain equipment and devices; (ii) establishing mandatory emission standards and testing programmes; and (iii) prohibiting the use of any motor vehicle that fails to comply with an emission standard; (p) prohibiting or regulating in certain areas, for specified periods, the carrying out and manner of carrying out of activities that may result in the discharge of a pollutant or contaminant; and (q) any other matter related to the purposes of this Division. (2) The Minister may make regulations under this section in the absence of absolute or conclusive scientific proof of the degree of toxicity or the hazard posed by any substance, so long as the regulations refer to the precautionary principle as the rationale for doing so. 130 No. 12 of 2011] Environmental Management Local, regional and global contaminants Interpretation (3) The Minister shall, before making or amending regulations under this section in relation to any substance that is regulated under any other written law, consult with the Minister responsible for implementing the relevant legislation with a view to ensuring that the substance is regulated in a consistent manner.

Section 43Verify source

§ 44Local, regional and global contaminantsProvision

The Minister may make regulations about contaminants affecting the global environment, but only by statutory instrument and after the required advice and consultation.

44. For the purpose of promoting, enhancing, protecting and conserving the global or regional environment and the sustainable management of natural resources in the region or globally, the Minister may, by statutory instrument, on the advice of the Agency after consultation with relevant appropriate and conservancy authorities, make regulations— (a) declaring any substance to be a contaminant that affects the global environment; (b) classifying contaminants that affect the global environment; and (c) prohibiting, regulating, monitoring, and gathering and disseminating information in respect of— (i) the import, export, manufacture, transportation, sale, offering for sale, possession, use, discharge or disposal of any storage, contaminant or class of contaminant that affects the global environment; and (ii) the import, export, manufacture, transportation, sale, offering for sale, possession or use of technology for the production and use of any product or device containing a contaminant that affects the global environment. Division 2 - Water

Section 44Verify source

§ 45InterpretationInterpretation

This section defines key terms used in the Division, including “effluent,” “licence,” and “water pollution,” and says undefined terms take their meaning from the water resource management law.

45. (1) In this Division, unless the context otherwise requires— “effluent” means waste water or other fluid of domestic, agricultural, trade or industrial origin, treated or untreated, and discharged, directly or indirectly, into the aquatic environment; “licence” means a licence issued under section thirty-three; and “water pollution” means the introduction, directly or (2) indirectly, of pollutants into an aquatic environment. In this Division, unless the context otherwise requires, words or terms not defined in this Act shall have the same meaning as words and terms defined in the law relating to water resource management. Environmental Management [No. 12 of 2011 131 Prohibition of water pollution Permission to discharge effluent into sewerage system Responsibilities of Agency

Section 45Verify source

§ 46Prohibition of water pollutionProvision

A person must not release or allow the release of polluting matter into the aquatic environment if it would breach water pollution control standards.

46. A person shall not discharge or apply any poisonous, toxic, eco-toxic, obnoxious or obstructing matter, radiation or other pollutant, or permit any person to dump or discharge such matter or pollutant into the aquatic environment in contravention of water pollution control standards established by the Agency in liaison with the relevant appropriate authority.

Section 46Verify source

§ 47Permission to discharge effluent into sewerage systemOffence

An owner or operator who wants to discharge effluent into an existing sewerage system must first get written permission from the local authority. The local authority may set or vary acceptance conditions and pretreatment methods, with three months’ notice for any variation.

47. (1) An owner or operator of a trade or industrial undertaking who wishes to discharge into an existing sewerage system effluent from their plant shall obtain written permission to do so from the local authority operating or supervising the sewerage system. (2) A local authority operating or supervising a sewerage system may impose conditions under which any effluent may be accepted or may prescribe methods of pretreating the effluent prior to acceptance into the sewerage system, which conditions shall be endorsed on the emission licence . (3) A local authority may vary the conditions of acceptance of an effluent, but a variation shall not be made unless the local authority gives three months notice to that effect. (4) A person who discharges any effluent into a sewerage system in contravention of the conditions imposed by the local authority operating or supervising the sewerage system, commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

Section 47Verify source

§ 48Responsibilities of AgencyInterpretation

The Agency must work with the relevant authority to set water pollution standards and related controls, and it must not create separate standards or rules for matters already covered elsewhere.

48. (1) The Agency shall, in liaison with the relevant appropriate authority— (a) establish water quality and pollution control standards; (b) determine conditions for the discharge of effluents into the aquatic environment; (c) formulate rules for the preservation of aquatic areas, drinking water sources and reservoirs, recreational and other areas, where water may need special protection; (d) order or carry out investigations of actual or suspected water pollution, including the collection of data; (e) take steps or authorise any works to be carried out which appear to be necessary to prevent or abate water pollution from natural causes or from abandoned works or undertakings; (f) determine the analytical methods by which water quality and pollution control standards can be determined and 132 No. 12 of 2011] Environmental Management establish laboratories for the analytical services required by the inspectorate; (g) initiate and encourage international co-operation in the control of water pollution, in particular with those neighbouring countries with which Zambia shares river basins; (i) (h) collect, maintain and interpret data from industries and local authorities on the pre-treatment, nature and levels of effluents; collect, maintain and interpret data on water quality and hydrology which is relevant to the granting of licences under this Division; and do all such things as are necessary for the monitoring and control of water pollution. (j) (2) Notwithstanding subsection (1), the Agency shall not establish separate standards or issue separate rules in relation to matters already dealt with under rules, regulations or standards under other written laws. (3) The Agency shall, where regulations, rules or standards are issued under any other laws as provided in subsection (2), have the general power to supervise and enforce the regulations, rules and standards, as if issued under this Act. Interpretation Division 3 - Air

Section 48Verify source

§ 49InterpretationInterpretation

This section defines key environmental terms used in the Division, including air pollution, ambient air, air quality, emission standard, licence, and stationary source.

49. In this Division, unless the context otherwise requires— “air pollution” means a condition of the ambient air arising, wholly or partly, from the presence of one or more pollutants in the air that endangers the health, safety or welfare of human beings or that interferes with the normal enjoyment of life or property, endangers animal life or causes damage to plant life or property; “ambient air” means the atmosphere surrounding the earth, but does not include the atmosphere within a structure or within any underground space; “air quality” means the concentration, prescribed under this Division, of a pollutant in the atmosphere at the point of measurement; “emission standard” means the amount, specified under this Division, of a pollutant emitted from a specific source; “licence” means a licence issued under section thirty-three; and Environmental Management [No. 12 of 2011 133 “stationary source” means any source of emission of one or more pollutants other than a motor vehicle, ship, train, aircraft or other similar conveyance.

Section 49Verify source

§ 50Emergency situationsProvision

In a hazardous-pollutant emergency, the inspectorate must take and advise on appropriate measures to protect people and the environment.

50. The inspectorate shall, in the case of an emergency involving hazardous pollutants, take, and advise on, appropriate measures to be taken for the protection of human beings and the environment.

Section 50Verify source

§ 51Controlled areasProvision

The Minister may, on the Agency’s advice, use a statutory instrument to declare controlled areas and set emission standards within them.

51. The Minister may, on the advice of the Agency, by statutory instrument — (a) declare an area to be a controlled area for the purposes of this Division; and (b) within a controlled area, prescribe emission standards from industrial or business activities or from burning liquids or solid fuels. (1) The Agency shall—

Section 51Verify source

§ 52Responsibilities of AgencyInterpretation

The Agency must set air quality and emission standards, monitor and investigate air pollution, support research and cooperation, require information from polluters, and publish emission standards in the Gazette at least 90 days before they take effect.

52. (a) establish ambient air quality and emission standards and guidelines; Emergency situations Controlled areas Responsibili- ties of Agency (b) specify the analytical methods for monitoring air contaminants and establish laboratories for analytical services needed by the inspectorate; (c) identify areas of research and initiate or sponsor research on the effects of air pollutants on human beings, the environment, flora and fauna; (d) order or carry out investigations of actual or suspected air pollution, including the collection of data; (e) initiate and encourage international co-operation in matters of air pollution, especially with neighbouring countries; order any industry or other source of air pollution to file such returns and provide such information as the Agency may require; and (f) (g) do all such things as are necessary for the monitoring and control of air pollution. (2) The Agency shall, in establishing emission standards, consider — (a) the rate of emission, concentration and nature of the pollutants emitted; and (b) the best practicable technology available in controlling pollutants during the emission process. (3) The emission standards established under this Division shall be published in the Gazette at least ninety days before the date upon which they shall come into effect. 134 No. 135 of 2011] Environmental Management Interpretation General prohibition and duty of care Division 4 - Waste Management

Section 52Verify source

§ 53InterpretationInterpretation

This section defines key waste-management terms used in the Division.

53. In this Division, unless the context otherwise requires— “collection” means the act of removing waste or materials which have been separated, from a storage point, for the purpose of disposal; “disposal” means the storing, handling, sorting, processing, treatment and utilisation and final location of waste to avoid adverse effects on the environment; “disposal site” means the area or land or water on which waste disposal facilities are physically located; “hazardous waste” means waste which is poisonous, corrosive, irritant, explosive, inflammable, toxic or other substance or thing that is harmful to human beings, animals, plants or the environment; “licence” means a waste management licence or hazardous waste licence; “storage” means the interim containment of waste after generation and prior to collection for ultimate recovery or disposal; and “waste” means garbage, refuse, sludges and other discarded substances resulting from industrial and commercial operations and domestic and community activities, but does not include waste water as defined in the definition of “effluent” in Division 2.

Section 53Verify source

§ 54General prohibition and duty of careOffence

People handling waste must not manage or dispose of it in a way that causes adverse effects or litter, and they must take reasonable steps to stop others from doing so.

54. (1) A person shall not collect, transport, sort, recover, treat, store, dispose of, or otherwise manage waste in a manner that results in an adverse effect, or creates a significant risk of an adverse effect occurring. (2) A person who produces, collects, recovers, transports, keeps, treats or disposes of waste shall take all reasonable measures to prevent any other person contravening subsection (1) in relation to that waste. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both. (4) A person shall not dispose of waste in such a manner that it becomes litter or is likely to become litter. (5) A person who contravenes subsection (4) commits an offence and is liable, upon conviction, to a fine not exceeding Environmental Management [No. 12 of 2011 135 Waste licences fifty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

Section 54Verify source

§ 55Waste licencesProvision

The Agency may issue waste management and hazardous waste licences on application, and the Minister must prescribe licensing rules and may exempt some wastes or persons in certain circumstances.

55. (1) The Agency may, upon application, issue a waste management licence to a person to allow the person to— (a) reclaim, re-use, recover or recycle waste; (b) collect and dispose of waste from industrial, commercial, domestic or community activities; (c) transport waste to a disposal site; (d) own, construct or operate a waste disposal site or other facility for the permanent disposal or storage of waste; or (e) transit, trade in or export waste. (2) The Agency may, upon application, issue a hazardous waste licence to a person to allow the person to— (a) generate, pre-treat or treat hazardous waste; (b) handle, transport or store hazardous waste; (c) dispose of hazardous waste; or (d) transit, trade in or export hazardous waste. (3) Where a person applies for a licence under subsection (1) to dispose of water into the aquatic environment or uses water to dilute, pre-treat or treat waste before discharge into the aquatic environment, the Agency shall inform the appropriate authority managing water resources, for the imposition of such conditions on the licence as such authority may determine before granting the licence. (4) The Minister shall, on the recommendation of the Agency, prescribe— (a) the criteria for the licensing of persons under subsection (1) and (2); (b) the procedure for applying for a licence and the grant, modification, renewal, transfer and revocation of a licence; (c) the terms and conditions attaching to an application, grant, modification, refusal, renewal, transfer or revocation of a licence; and (d) such other matters as are necessary or incidental to the effective regulation of licences under this Division. (5) The Minister may, on the recommendation of the Agency, and for the purposes of facilitating the effective implementation and enforcement of this Act— 136 No. 12 of 2011] Environmental Management Role of local authorities in waste management (a) exempt certain categories of waste and persons from the application of some or all of the provisions of this section; and (b) provide that some or all of the provisions of this section shall not apply in certain circumstances.

Section 55Verify source

§ 56Role of local authorities in waste managementProvision

Local authorities must manage household and hazardous waste in their areas and report annually to the Agency; the Agency can give directions on waste management.

56. (1) A local authority shall, within its area of jurisdiction— (a) collect and dispose of, or arrange for the collection and disposal of, all household waste in accordance with this Act; (b) ensure that waste is collected, transported and disposed of in accordance with this Act; (c) ensure that waste management services are provided within its jurisdiction in a manner which prioritises the recovery, re-use or recycling of waste and provides for the treatment and safe disposal of waste; (d) take all practical measures to promote and support the minimisation of waste and the recovery of waste, particularly at the point at which it is produced; (e) provide litter receptacles in public places; and (f) prepare and submit to the Agency for approval, an integrated waste management plan that conforms to the requirements of the Agency, including any national waste management strategy published by the Agency. (2) A local authority shall report annually to the Agency on the types of waste and the quantity of each type of waste generated and disposed of within its area of jurisdiction and on the implementation of its integrated waste management plan. (3) A local authority shall, with respect to its area of jurisdiction, ensure that— (a) the standards prescribed for hazardous waste management are in place and operational at all times; (b) premises producing hazardous waste are adequately ventilated and are in compliance with prescribed standards; (c) waste effluents are treated or are so modified as to comply with prescribed standards before final disposal; and (d) hazardous liquid wastes are treated to conform with prescribed environmental standards. (4) The Agency shall, in order to promote the enhancement, protection and conservation of the environment and the sustainable Environmental Management [No. 12 of 2011 137 management of natural resources, give specific or general directions to— (a) the local authorities regarding their function relating to the collection and disposal of waste under the Local Government Act; and (b) public bodies or other bodies regarding their role in the management and disposal of waste. Cap. 281

Section 56Verify source

§ 57Designation of waste control areasProvision

The Minister may designate an area as a waste control area, and a local authority in that area must carry out waste-management planning, site designation, public notice, by-law making, and annual reporting.

57. (1) Where the Minister, acting on the advice of the Agency, considers that the disposal of waste in an area is resulting in an adverse effect, or that there is a significant risk that it will result in an adverse effect, the Minister may, by notice in the Gazette, designate the area as a waste control area. (2) A local authority shall, in a waste control area— Designation of waste control areas (a) prepare and submit to the Agency, for approval, a plan for the management of waste in the waste control area that conforms to the requirements of the Agency, including any national waste management strategy published by the Agency; (b) designate one or more waste disposal sites or waste collection sites within the waste control area; (c) inform the public within the waste control area of the location of the designated waste disposal and waste collection sites; (d) prescribe by-laws for the disposal of waste within the waste control area; and (e) report annually to the Agency on the implementation of its waste management plan.

Section 57Verify source

§ 58Extended producer responsibilityProvision

People whose activities create potentially polluting waste must take measures to reduce that waste, and the Agency may set extended producer responsibility and waste-minimisation requirements.

58. (1) A person whose activities generate waste with potential to pollute the environment shall employ measures essential to minimise waste through treatment, reclamation, re-use, recovery or recycling. Extended procedure responsibility (2) The Agency may identify— (a) a product or class of products in respect of which extended producer responsibility measures shall be taken; and (b) the category of persons to take the measures referred to in paragraph (b). (3) The Agency may, in terms of subsection (1)— (a) specify the requirements in respect of the implementation and operation of a waste minimisation programme, including the requirements in respect of the prevention of waste generation, recovery, re-use and recycling; 138 No. 12 of 2011] Environmental Management Cessation of activity relating to hazardous waste Site restoration orders (b) establish institutional arrangements for the administration of a waste minimisation programme; (c) determine the financial arrangements for a waste minimisation programme; (d) indicate the percentage of products to be recovered under a waste minimisation programme; (e) prohibit or restrict the sale of waste or any product or classes of products emanating from waste; (f) require the producer of a specified product or class of product emanating from waste to carry out a life cycle assessment in relation to the product in such a manner or in accordance with such standards or procedures as may be specified; and (g) specify the requirements to be complied with in respect of cleaner production measures.

Section 58Verify source

§ 59Cessation of activity relating to hazardous wasteProvision

The Agency must immediately stop hazardous waste activities if a court order applies and the activity poses an imminent and substantial danger to health or the environment.

59. The Agency shall, pursuant to an order made by a court, immediately stop any hazardous waste generation, handling, transportation, storage and disposal activity which presents an imminent and substantial danger to human health, well being or the environment.

Section 59Verify source

§ 60Site restoration ordersOffence

The Director-General may issue a site restoration order for illegal waste dumping, and the person served must immediately comply and restore the site; failure is an offence.

60. (1) Where waste is deposited in any place in contravention of this Act or any condition of a waste management licence or a hazardous waste management licence, the Director-General may serve a site restoration order on a person referred to in subsection (2) requiring that person to remove the waste and restore the site to a condition satisfactory to the Director-General, and to take any other measures stipulated in the order. (2) A site restoration order under subsection (1) may be served on — (a) any person whom the Director-General has reason to believe deposited the waste; (b) any person whom the Director-General has reason to believe ordered or permitted the waste to be deposited; or (c) an owner, occupier or person having the charge, management or control of the place or premises. (3) A person on whom a site restoration order is served shall immediately take all reasonable measures to comply with the order. (4) A person who contravenes subsection (3) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. Environmental Management [No. 12 of 2011 139 Emergency situations Responsibili- ties of Agency (5) A person on whom a site restoration order is served may apply to the Board for the review of the decision to issue the order or against any requirement or condition in the order in accordance with Part X. (6) The Board shall revoke a site restoration order if, after considering the representations made to it by the appellant, it is satisfied that the person on whom the order was served is not the owner, occupier or person having the charge, management or control of the place or premises, and did not deposit, order or permit the waste to be deposited.

Section 60Verify source

§ 61Emergency situationsProvision

If an emergency involving toxic substances occurs, the Agency must take appropriate protective measures for people and the environment.

61. Where an emergency occurs involving toxic substances, the Agency shall take appropriate measures for the protection of human beings and the environment.

Section 61Verify source

§ 62Responsibilities of AgencyProvision

The Agency must carry out a range of waste-management functions, including strategy, standards, regulation, monitoring, inspection, research, data collection, and public information, in consultation with relevant appropriate authorities.

62. The Agency, in consultation with the relevant appropriate authorities, shall— (a) prepare a national waste management strategy; (b) formulate and provide standards on the classification and analysis of waste; (c) formulate and advise on standarddisposal methods and means; (d) regulate the handling, storage, transportation, segregation and destruction of any hazardous waste; (e) control the export and generation of hazardous waste; (f) provide for the monitoring and regulation of waste disposal sites; (g) publicise the correct means of storage, collection and disposal of any class of waste; (h) monitor the contamination and degradation of the environment arising from the operation of disposal sites; (i) monitor the safety and health of workers at disposal sites; (j) provide for members of the public to make representations to the Agency on any matter under this Division if the matter has, or may have, an adverse effect on their health, environment or aesthetic value of their surroundings; (k) initiate and undertake research into the collection, storage, transportation and disposal of any class of waste; (l) collect and analyse statistical data on the nature, quantity and volume of waste generated, and on sites where waste disposal is taking or has taken place; 140 No. 12 of 2011] Environmental Management (m) inspect waste disposal, handling and recovery facilities in respect of which a waste management licence is in force; (n) review and monitor the implementation of waste management plans by local authorities and public bodies; (o) provide technical and advisory services to waste operators; and (p) do all such things as are necessary for the monitoring and control of waste. Regulations relating to waste management

Section 62Verify source

§ 63Regulations relating to waste managementProvision

The Minister may make regulations on waste management, including waste classification, disposal controls, reporting, fees, separation, transport restrictions, recycling, and responsibility for hazardous or clinical waste.

63. (1) The Minister may, on the advice of the Agency after consultation with the relevant appropriate authorities, make regulations to regulate waste management, treatment and disposal. (2) Without limiting the generality of subsection (1), regulations made under that subsection may— (a) classify and define categories of waste, including hazardous, and clinical, waste, and deem certain substances to fall within or outside such categories; (b) restrict the locations at which waste disposal and waste management may be carried out; (c) require specified categories of persons involved in the generation, management and disposal of waste to gather data and to submit reports, studies and plans, and prescribe the form and content of the reports, studies and plans; (d) require compliance with plans and empower the Director- General to require compliance with plans submitted under paragraph (c); (e) require and regulate the control of litter and nuisances associated with waste; (f) require the payment of charges and fees for the collection, management and disposal of waste; (g) require the separation of types of waste at the point of generation, management and disposal; (h) prohibit or regulate the movement and carriage of waste or any category of waste, including— (i) prohibiting and regulating the export or transit of waste through any countries; (ii) establishing mechanisms and measures for the movement of any waste; Environmental Management [No. 12 of 2011 141 (iii) regulating and establishing standards for the packaging and labelling of waste and for documents accompanying consignments of waste in transit; (iv) requiring manifesting systems and other systems for tracking the movement of hazardous or clinical waste; and (v) requiring proof of arrangements for the safe and orderly movement and final disposal of the waste, proof of prescribed notification and prior informed consent of competent authorities of the State of import and any transit States and proof of the existence of prescribed arrangements specifying sound waste management and disposal; (i) require the physical separation of waste types by persons involved in the generation, management or disposal of waste; (j) regulate and promote waste reduction, re-use, recycling, and recovery; (k) prohibit and regulate the disposal of re-usable, recyclable and recoverable wastes; and (l) impose responsibility for any stage of hazardous or clinical waste management upon the generators, transporters, handlers and receivers of the waste. Division 5 - Pesticides and Toxic Substances

Section 63Verify source

§ 64InterpretationInterpretation

This section defines several terms used in the Division, including “container,” “manufacture,” “package,” “packaging,” and “sale.”

64. In this Division, unless the context otherwise requires — “container” means a package, can, bottle,bag, barrel, drum, tank or other container used to enclose a pesticide or toxic substance, excluding spray applicator tanks; “manufacture” means the mechanical or chemical transformation of materials or substances into pesticides and toxic substances; “package” means a container, wrapping, covering or holder in which a pesticide ortoxic substance is wholly or partly packed, and “packaging” shall be construed accordingly; “sale” includes offering, advertising and exposing toxic substance for sale; and Interpretation 142 No. 12 of 2011] Environmental Management Pesticide and toxic substance licence Responsibili- ties of Agency

Section 64Verify source

§ 65Pesticide and toxic substance licenceProvision

People planning certain pesticide or toxic substance activities must apply to the Agency for a licence. The Agency may issue the licence, and the Minister must prescribe licensing criteria and procedures.

65. “use” means any act of handling or releasing a pesticide or the exposure of human beings, animals or the environment to pesticides. (1) A person who intends to manufacture, import, export, store, distribute, transport, blend, process, re-process or change the composition of a pesticide or toxic substance or who intends to re- process an existing pesticide or toxic substance for a significantly new use, shall apply to the Agency for a licence. (2) The application referred to in subsection (1) shall include the name of the trade mark of the pesticide or toxic substance, the chemical identity, molecular structure, proposed categories of use, an estimate of the amount, byproducts, processing and methods of disposal of the pesticide or hazardous substance, and any test data related to health and environmental effects. (3) The Agency may issue a pesticide and toxic substance licence to allow the applicant to— (a) manufacture, blend, process, re-process or store any pesticide or toxic substance; (b) use, sell, distribute or transport any pesticide or toxic substance; or (c) import, transit or export any pesticide or toxic substance. (4) The Minister shall, on the recommendation of the Agency, prescribe— (a) the criteria for the licensing of persons under this section; (b) the procedure for applying for a licence and the grant, modification, renewal, transfer and revocation of a licence; (c) the terms and conditions attaching to an application, grant, modification, refusal, renewal, transfer or revocation of a licence; and (d) any other matter that is necessary for purposes of this Division.

Section 65Verify source

§ 66Responsibilities of AgencyProvision

The Agency must control, monitor, and regulate pesticides and toxic substances, including their importation, sale, labeling, storage, and related records.

66. The Agency shall— (a) control the importation, exportation, manufacture, storage, distribution,sale, use, packing, transportation,disposal and advertisement of pesticides and toxic substances; (b) provide for the labelling and packaging of pesticides and toxic substances; (c) review the use and efficacy of pesticides and toxic substances; Environmental Management [No. 12 of 2011 143 (d) provide for the monitoring, in the environment, of pesticides and toxic substances and their residues; (e) establish laboratories for pesticides and toxic substances; (f) establish and enforce procedures and regulations for the storage of packages and containers of pesticides or toxic substances; (g) collect data from industries on the production, use and effects on human health and the environment, of pesticides and toxic substances; (h) keep records and reports necessary for the administration of this Division; and (i) do all such things as are necessary for the monitoring and control of pesticides and toxic substances. Division 6 - Noise

Section 66Verify source

§ 67InterpretationInterpretation

This section defines “noise level” and “noise emission standards.”

67. In this Division, unless the context otherwise requires— Interpretation “noise level” means the level of noise, measured in decibels or other suitable units; and “noise emission standards” means the noise level emission standards established by the Agency pursuant to section seventy.

Section 67Verify source

§ 68Prohibition of noise emission exceeding established standardsProvision

A person must not emit noise above the standards set under section 70, subject to section 69.

68. Subject to section sixty-nine, a person shall not emit noise in excess of the noise emission standards established pursuant to section seventy.

Section 68Verify source

§ 69ExemptionProvision

The inspectorate may grant a permit for excessive noise emissions, and workers exposed to that noise must be adequately protected under Agency directives.

69. (1) Notwithstanding section sixty-eight, the inspectorate may grant a permit allowing excessive emission of noise under such terms and conditions as it may determine. (2) Where an exemption is granted under subsection (1), workers exposed to excessive levels of noise shall be adequately protected in accordance with the directives of the Agency.

Section 69Verify source

§ 70Responsibilities of AgencyInterpretation

The Agency must consult relevant authorities and carry out noise-control tasks such as setting standards, measuring noise, and advising on abatement measures.

70. (1) The Agency shall, in consultation with the relevant appropriate authorities— (a) set up standard procedures for noise measurement; (b) establish noise level and noise emission standards for construction sites, plants, machinery, motor vehicles, aircrafts, including sonic booms and industrial and commercial activities; Prohibition of noise emission exceeding established standards Exemption 144 No. 12 of 2011] Environmental Management Interpretation Act No. 16 of 2005 Act No. 16 of 2005 Act No. 16 of 2005 (c) apply appropriate measures to ensure the abatement and control of noise from the sources referred to in paragraph (b); (d) measure the level of noise emanating from the sources referred to in paragraph (b), details of which measurement shall be given to the owner or occupier of the premises from which the measurement was taken; and (e) advise on noise pollution abatement measures. (2) The noise emission standards and guidelines as well as zones prescribed for the purposes of subsection (1) shall be published in the Gazette at least ninety days before the date upon which they come into effect. Division 7 - Ionising Radiation

Section 70Verify source

§ 71InterpretationInterpretation

This section defines terms used in the Division, including several radiation-related terms.

71. In this Division, unless the context otherwise requires— “emergency” has the meaning assigned to it in the Ionising Radiation Protection Act, 2005; “facility” has the meaning assigned to it in the Ionising Radiation Protection Act, 2005; “ionising radiation” has the meaning assigned to it in the Ionising Radiation Protection Act, 2005; “monitoring” means the measurement of radiation or radio- activity for the assessment or control of exposure to radiation or radio-active material; “natural background levels” means radiation levels due to cosmic rays and natural radio-activity; “nuclide” means a species of atom characterised by the constitution of its nucleus; “radio-active material” means any material having a specific activity greater than seventy becquerel per gram; “radio-active contamination” means the deposition of radio-active material in any place where it is not desired, particularly where its presence may be harmful and the harm may be vitiating an experiment or procedure, or where it actually may be a source of danger to the public; and Powers of inspectors relating to ionising radiation “radio nuclide” means any radio-active nuclide.

Section 71Verify source

§ 72Powers of inspectors relating to ionising radiationProvision

An inspector may inspect places and vehicles, require documents, question people, and use other necessary powers at any reasonable time, but needs a court warrant to enter a private dwelling house.

72. An inspector may, at any reasonable time— (a) enter, inspect and examine any place, area, premises or any vehicle, vessel, boat, aircraft or any conveyance of any description in or on which the inspector has reasonable Environmental Management [No. 12 of 2011 145 grounds to believe that radio-active material or any source of ionising radiation is stored, used, transported or disposed of: Provided that entry shall not be made into a private dwelling house except under the authority of a court warrant; (b) order the presentation of— (i) a licence authorising the possession or use of radio-active material or sources of dangerous ionising radiation; (ii) a licence authorising the mining and processing of radio-active ores; or (iii) a register, certificate, notice or document kept pursuant to the Ionising Radiation Protection Act, 2005; (c) make inquiries from any person with respect to matters under this Division, where there is reasonable cause to believe that such person is contaminated with radio- active material or is unlawfully inpossession of an ionising radiation source; and (d) exercise such other powers as are necessary for the carrying out of the provisions of this Division.

Section 72Verify source

§ 73Responsibilities of AgencyInterpretation

The Agency must carry out listed radiation-control responsibilities, working with the Radiation Protection Authority.

73. Without prejudice to the Ionising Radiation Protection Act, 2005, the Agency shall, in liaison with the Radiation Protection Authority — (a) establish standards for the regulation of radio-active contamination; (b) inspect and examine any area, place or premises, or any vehicle, vessel, boat, aircraft or any conveyance of any description in or upon which the inspectorate has reasonable cause to believe that radio-active material orany source of ionising radiation is stored, used, transported or disposed of; (c) examine any person with respect to matters under this Division, where there is reasonable cause to believethat that person is contaminated with radio-active material or is unlawfully in possession of an ionising radiation source; (d) provide information, warn and protect the public, in case of actual or potential public exposure to radio-active material or ionising radiation in the environment; Act No. 16 of 2005 Responsibilities of Agency Act No. 16 of 2005 146 No. 12 of 2011] Environmental Management (e) liaise with any other organisation dealing with radio-active material; (f) conduct an ionising radiation monitoring programme and advise on ionising radiation control and protection measures; (g) maintain records of releases of radio-active contaminants into the environment and keep records of natural background levels of radiation in the environment; (h) request the relevant authority in other States to offer assistance required to help carry out the duties of the inspectorate; and (i) do all such things as are necessary for the monitoring and control of pollution from radiation. Interpretation Division 8 - Natural Resources Management

Section 73Verify source

§ 74InterpretationInterpretation

This section defines several terms used in the Division, including “derelict land,” “land use,” “petroleum operations,” and “rehabilitation.”

74. In this Division, unless the context otherwise requires— Act No. 10 of 2008 Protection of hills and landscapes “derelict land” means land that is damaged by extractive, industrial or agriculturalactivities or that is unsightly and is incapable of reasonable beneficial use; “land use” includes an activity that has an impact on the environment; “petroleum operations” has the meaning assigned to it in the Petroleum (Exploration and Production) Act, 2008; and “rehabilitation” means the restoration of natural resources to their original state or in accordance with standards developed by the Agency in consultation with the Zambia Bureau of Standards.

Section 74Verify source

§ 75Protection of hills and landscapesCommencement

75. (1) The Agency shall, in consultation with the local authorities and other appropriate authorities, within five years of the commencement of this Act, identify hilly areas, which are at risk from environmental degradation. (2) A hilly area shall be regarded to be at risk from environmental degradation if— (a) it is prone to soil erosion; (b) landslides have occurred or are likely to occur in that area; (c) vegetation cover has been removed or is likely to be removed from the area at a rate faster than it is being replaced; or Environmental Management [No. 12 of 2011 147 (d) any other land use activity in that area is likely to lead to environmental degradation. (3) The Minister shall, by order in the Gazette, issue a list of landscapes and hilly areas regarded to be at risk from environmental degradation and such landscapes and hilly areas shall be protected areas under this Act. (4) The list of the areas referred to under subsection (3) shall be kept under the custody of the Agency. (5) The Agency shall establish strategies and standards for the management of areas protected under this section.

Section 75Verify source

§ 76Promotion of conservation of natural resourcesProvision

This section says the Agency manages unregulated natural resources in open areas, and a person may not import or export invasive alien species without the Agency’s approval.

76. (1) Subject to section three— (a) fisheries resources shall bemanaged in accordance with the provisions of the Fisheries Act, 2011; (b) wildlife resources shall be managed in accordance with the Zambia Wildlife Act, 1998; (c) forestry resources shall be managed in accordance with the provisions of the Forests Act; Promotion of conservation of natural resources Act No. of 2011 Act No. 12 of 1998 (d) water resources shall be managed in accordance with the Cap. 199 Water Resources Management Act, 2011; (e) regional and urban planning shall be managed in Act No. of 2011 accordance with the Town and Country Planning Act; Cap. 283 (f) tourism activities shall be conducted and managed in accordance with the Tourism and Hospitality Act, 2007; (g) petroleum operations shall be conducted in accordance with the Petroleum (Exploration and Production) Act, 2008; and (h) any matter or activity relating to agriculture or the protection and conservation of natural and cultural heritage shall take into account necessary requirements for the protection of the environment as provided for under this Act. Act No. 23 of 2007 Act No. 10 of 2008 (2) The Agency shall manage natural resources in open areas which are not regulated or protected under any other written law. (1) A person shall not, without the approval of the Agency in consultation with the appropriate authorities, import or export invasive alien species.

Section 76Verify source

§ 77Prohibition of importation, introduction, etc. of invasiveOffence

A person must not place an invasive alien species into the environment unless the Agency approves it in consultation with the appropriate authorities.

77. (2) A person shall not, without the approval of the Agency in consultation with the appropriate authorities, place any invasive alien species into any element or segment of the environment. Prohibition of importation, introduction, etc. of invasive alien species 148 No. 12 of 2011] Environmental Management Duty of owner or occupier in relation to invasive alien species (3) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

Section 77Verify source

§ 78Duty of owner or occupier in relation to invasive alien speciesOffence

Owners/occupiers and local authorities must promptly notify the Agency if invasive alien species are present or suspected, and owners/occupiers must take required eradication or prevention measures.

78. (1) An owner or occupier of any premises on which, or a local authority in whose area, any invasive alien species are present or are suspected to be present shall immediately notify the Agency. (2) An owner or occupier of any land, building or other premises shall take such measures as are prescribed and are reasonably necessary for the eradication or prevention of the spread of invasive alien species as an inspector may, by notice in writing, order the owner or occupier to take under this Act. (3) An inspector may, where an owner or occupier of any land, building or premises fails to take the necessary measures in accordance with subsection (2)— (a) on giving the owner or occupier notice, in writing, of the inspector’s intention to do so, cause the measures to be taken; or (b) where the inspector is satisfied that the measures must be taken without delay, cause the measures to be taken immediately without giving the notice required under paragraph (a). (4) An owner or occupier of any land, building or other premises is, without prejudice to any penalty incurred by reason of the owner’s or occupier’s failure to take the measures that the owner or occupier is required to take in terms of this Division, liable to pay the costs of the measures which an inspector requires to be taken in terms of subsection (3). (5) The Minister may, by civil action in a court of competent jurisdiction, recover from an owner or occupier of any land, building or other premises the costs of the measures that an inspector has required to be taken under subsection (3). (6) An inspector may destroy, without compensation, any invasive alien species on any land, building or other premises— (a) where disinfection is impracticable or will not be a complete safeguard; or (b) where the delay caused by disinfection would give rise to the risk of the introduction or spread of invasive alien species. Environmental Management [No. 12 of 2011 149

Section 78Verify source

§ 79Development of sector plansProvision

An appropriate authority must consult the Agency when preparing a plan about forestry, fisheries, wildlife, water, or another natural resource.

79. An appropriate authority shall consult the Agency in the preparation of any plan relating to forestry, fisheries, wildlife, water or any other natural resource.

Section 79Verify source

§ 80Rehabilitation worksOffence

The Agency, inspectorate, and court can require rehabilitation of land dereliction or contamination, and non-compliance can lead to an offence and penalties.

80. (1) The Agency may, in liaison with the relevant appropriate authority, direct a person responsible for land dereliction or contamination to carry out rehabilitation works within such period as the inspectorate may specify. (2) Where the inspectorate has reasonable grounds to believe that land contamination in an area warrants immediate correction, it may carry out the rehabilitation works and may charge all or part of the costs of those works to the person responsible for causing the dereliction or contamination, and who shall pay such costs within the period specified by the inspectorate. (3) A person who fails to comply with a directive made by the inspectorate under this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. (4) A court may, in addition to any other penalty which it may impose under this section, order the person responsible for the dereliction of any land to comply with the directive within such period as the court may determine.

Section 80Verify source

§ 81Powers of inspectors relating to natural resourcesProvision

An inspector may conduct inspections and related activities to check compliance and support natural resource management and conservation.

81. An inspector may— (a) make such inquiries and examinations as are necessary to ascertain whether the provisions in this Division are being complied with; (b) carry out surveys and interviews to assist in the proper management and conservation of natural resources; (c) inspect land uses to determine their impact on the quality and quantity of natural resources; and (d) publicise land use guidelines and natural resources con- servation regulations. Powers of inspectors relating to natural resources

Section 81Verify source

§ 82RegisterProvision

The Agency must establish and maintain a register of all licences and approvals issued under the Act, as prescribed.

82. The Agency shall establish and maintain a register, as may be prescribed, of all the licences and approvals issued under this Act. Register

Section 82Verify source

§ 83Responsibilities of AgencyProvision

The Agency must research land use, set and review guidelines, establish conservation standards with relevant authorities, monitor land dereliction or contamination, and take necessary related actions.

83. The Agency shall— (a) conduct or sponsor research or any other studies on land use practices and their impact on natural resources, which shall be the basis for the conservation, sustainable use and management of natural resources; Responsi- bilities of Agency (b) establish and review land use guidelines; 150 No. 12 of 2011] Environmental Management (c) in consultation with the relevant appropriate authorities, establish standards for the conservation and protection of natural resources; (d) monitor dereliction or contamination of land and where dereliction or contamination of land exists, assess the nature of rehabilitation works required; and (e) do all such other acts and things as are necessary to carry out the purposes of this Division. PART V internAtionAl mAtterS

Section 83Verify source

Part

PART V

§ 84International agreementsProvision

The Government must protect and manage Zambia’s environmental and natural resources sovereignty, cooperate on environmental protection, and the Minister must ratify and implement relevant international environmental agreements; the Minister may delegate implementation.

84. (1) The Government shall exercise and give effect to Zambia’s sovereignty over its environment and natural resources, including its genetic resources, and its powers and rights to manage the living and non-living natural resources within its territories and in areas over which it exercises rights of sovereignty, to the fullest extent permitted under international law. (2) The Government shall cooperate with other governments, and with local and international organisations in order to protect the regional and global environment. (3) The Minister shall, after signing an international agreement designed to protect the environment, as soon as is practicable— (a) cause the agreement to be ratified; and (b) take appropriate measures to give effect to the agreement. (4) The Minister may delegate to the Agency, an appropriate authority, conservancy authority or other relevant institution, the implementation of any international agreement relating to the environment to which Zambia is a party.

Section 84Verify source

§ 85Transboundary environmental management programmesProvision

The Minister may work with neighbouring-country authorities on environmental management, and must start and carry out transboundary environmental management programmes with neighbouring countries.

85. (1) The Minister may, in consultation with the appropriate authorities and other relevant ministries, collaborate with the relevant authorities of neighbouring countries on environmental management programmes and measures to avoid and minimise trans-boundary environmental impacts. (2) The Minister shall, in cooperation with sector ministries or government agencies, initiate and implement transboundary environmental management programmes with neighbouring countries. International agreements Trans-boundary environmental management programmes Environmental Management [No. 12 of 2011 151 PART VI environmentAl informAtion

Section 85Verify source

Part

PART VI

§ 86Analysis and dissemination of environmental informationProvision

The Agency must gather, analyse, share, and coordinate environmental information, and the Director-General may publish information for public education and awareness.

86. (1) The Agency shall— (a) gather information on the environment and natural resources; (b) subject to any other written law, have access to any data collected on the environment and natural resources; (c) analyse information relating to the environment and natural resources; (d) disseminate information to public and private users; (e) commission studies in demography and trends impacting on environmental and development issues; (f) carry out public information and education campaigns in the field of environment; (g) exchange information relating to the environment with non-governmental organisations and any other regional and international organisations; (h) co-ordinate the management of environmental information with sector ministries; (i) advise the Minister on existing information gaps and needs; and (j) establish, in consultation with sector ministries, guidelines and principles for the gathering, processing and dissemination of environmental information. (2) The Director-General may publish any information on the protection, conservation, management and utilisation of the environment and natural resources as the Director-General considers necessary for public education and awareness.

Section 86Verify source

§ 87Central Environmental Information SystemProvision

The Agency must establish and run a Central Environmental Information System, and the Director-General must take measures to integrate environmental matters into schools and other higher-learning institutions.

87. The Agency shall establish and operate a Central Environmental Information System in which shall be stored any findings, data and statistics generated by both public and private bodies in the course of environmental observation and management. (1) The Director-General shall, in consultation with the relevant appropriate authorities, take measures for the integration of environment matters in schools, colleges and institutions of higher learning.

Section 87Verify source

§ 88Environmental education and awarenessProvision

The Director-General must plan and run programmes to raise public awareness about sustainable development and environmental management.

88. (2) The Director-General shall plan and conduct programmes aimed at raising awareness of the public on sustainable development and environmental management. Analysis and dissemination of environmental information Central Environmental Information System Environmental education and awareness 152 No. 12 of 2011] Environmental Management Environmental research Registry of environmental information

Section 88Verify source

§ 89Environmental researchProvision

The Agency must conduct environmental surveys, and it may research, forecast, and undertake studies on environmental changes and related policy planning. The Minister may designate an institution as an advisory body for environmental research, information generation, and monitoring actions taken.

89. (1) The Agency shall conduct surveys on the state of the environment and may research and forecast environmental changes and undertake other studies that may contribute to the formulation of policies and preparation of action plans and strategies with regard to environmental protection, conservation and management. (2) Notwithstanding subsection (1), the Minister may designate any institution as an advisory body charged with the responsibility of enhancing of targeted scientific research, and information generation in the field of environment and the monitoring and assessment of effectiveness of actions taken.

Section 89Verify source

§ 90Registry of environmental informationProvision

The Agency must create and maintain an environmental information registry, keep paper copies accessible for public viewing, and do so within one year of the Act coming into force.

90. (1) The Agency shall create and maintain an environmental information registry. (2) The registry shall contain information relating to the environment, including the following information: (a) a list of the Acts, statutory instruments, international environmental agreements to which Zambia is a party, and any policies, plans, guidelines, studies, reports,decisions, recommendations and other publications relating to the environment published by the Agency, the Minister or the Government; (b) a list of every environmental management strategy and environmental management strategy review report issued by any Ministry; (c) every State of the Environment Report and every National Environmental Action Plan; (d) every National Waste Management Strategy; (e) a list of each application for a licence or approval under this Act; (f) a list of each licence, order and approval issued under this Act; and (g) details of all charges laid and convictions entered for contravention of this Act. (3) The Agency shall keep in the form of paper documents, in one location, copies and information documents of the matters listed in the registry which shall be accessible for public viewing during ordinary business hours. (4) The registry shall be created no later than one year after the coming into force of this Act. (5) A person may apply, in writing, to the Director-General requesting that any information that is not in the public domain should not be included in the registry or available to the public, on Environmental Management [No. 12 of 2011 153 the basis that it is proprietary information or for reasons of State security. (6) Where the Director-General determines that the information referred to in subsection (5) is proprietary information and that maintaining it would not unreasonably prejudice the purpose of this Act or the public interest, the Director-General may exclude the information, or aggregate, edit or otherwise present it in a manner which would protect the interests of concern. (7) The Director-General shall, where the Director-General determines that any information is proprietary information, advise the applicant, in writing, that the information will be made public within thirty days unless the applicant applies to the Minister for a review of the decision in accordance with Part X, in which case the confidentiality of the information shall be maintained pending the determination of the appeal. PART VII Public PArticiPAtion

Section 90Verify source

Part

PART VII

§ 91Public participation in environmental decision-makingProvision

The public has a right to be informed about environmental decisions and to take part in them. The Agency and appropriate authorities must set up ways to collect and respond to public comments, concerns, and questions.

91. (1) The public have the right to be informed of the intention of public authorities to make decisions affecting the environment and of available opportunities to participate in such decisions. (2) The public shall have the right to participate in decisions concerning the formulation of environmental policies, strategies, plans and programmes and to participate in the preparation of laws and regulations relating to the environment. (3) The Agency and the appropriate authorities shall establish mechanisms to collect and respond to public comments, concerns and questions relating to the environment including public debates and hearing. Public participation in environmental decision-making

Section 91Verify source

§ 92Public reviewProvision

Documents must be publicly reviewed in the prescribed manner.

92. Public review of documents shall be conducted in the Public review prescribed manner.

Section 92Verify source

§ 93Public hearingsProvision

Public hearings for documents under public review must be conducted in the prescribed manner.

93. Public hearings on any document under public review shall be conducted in the prescribed manner.

Section 93Verify source

§ 94Regulations relating to public participationOffence

The Minister may make regulations, by statutory instrument, about public access to environmental information, public participation in decision-making, environmental protection, employee protection from retaliation, and registry procedures.

94. (1) The Minister may, by statutory instrument, make regulations to enhance the ability of the public to acquire environmental information, to participate in decision-making and to protect the environment. (2) Without limiting the generality of subsection (1), the regulations made under that subsection may provide for— (a) the rules, procedures and mechanisms for the enhanced provision of information to the public; Public hearings Regulations relating to public participation 154 No. 12 of 2011] Environmental Management (b) protecting employees from dismissal, discipline, penalty or other forms of coercion or intimidation for complying with this Act or for notifying the Agency or the Ministry of any noncompliance; and (c) the rules, procedures and forms in relation to the registry. PART VIII the environment fund

Section 94Verify source

Part

PART VIII

§ 95Establishment of FundProvision

An Environment Fund is established, and its money comes from appropriations, voluntary contributions, levies or donations, grants, investment interest, and other prescribed monies.

95. (1) There is hereby established the Environment Fund. (2) The Fund shall consist of — (a) such moneys as Parliament may appropriate for the purpose of the Fund; (b) voluntary contributions to the Fund from any person or organisation; (c) such sums as may be levied from, or donated by, a person, industry or developer conducting an activity which has, or is likely to have, an adverse effect on the environment; (d) any grants mobilised from any source, within or outside Zambia, for the purpose of environmental management and protection; (e) interest arising out of any investment of the Fund; and (f) such other monies as may be prescribed. (3) This Part does not apply to industries, facilities and activities covered by the Environmental Protection Fund established under the Mines and Minerals Development Act, 2008, and the Petroleum (Exploration and Production) Act, 2008.

Section 95Verify source

§ 96Administration and management of FundProvision

The Fund is vested in the Agency, and the Minister may prescribe by statutory instrument how it is managed and administered.

96. The Fund shall be vested in the Agency and shall be managed and administered in such manner as the Minister may prescribe, by statutory instrument.

Section 96Verify source

§ 97Application of FundProvision

The Fund must be used for environmental restoration, environmental management research, and any other purpose prescribed by law.

97. The Fund shall be used for— (a) mitigating or restoring environmental degradation and adverse effects on the environment; (b) facilitating research to further the requirements of environmental management and sustainable natural resource management; and (c) such other purpose as may be prescribed. Establishment of Fund Act No. 7, 2008 Act No. 10 2008 Administration and management of Fund Application of Fund Environmental Management [No. 12 of 2011 155

Section 97Verify source

§ 98Environmental performance bondProvision

The Agency must create a register of certain environmentally harmful activities and businesses. The Minister may make regulations about environmental performance bonds.

98. (1) The Agency shall create a register of the activities, industrial facilities or plants, undertakings or businesses which have, or are likely to have, adverse effects on the environment when operated in a manner that is not in conformity with good environmental practices. (2) The Minister may, by statutory instrument, make regulations to provide for the depositing, amounts, refunding, confiscation and application of environmental performance bonds and any other matter relating to performance bonds. Environmental P e r f o r m a n c e Bond

Section 98Verify source

§ 99Financial yearProvision

The Fund’s financial year is 12 months long and ends on 31 December each year.

99. The financial year of the Fund shall be the period of twelve Financial year months ending on 31st December in each year.

Section 99Verify source

§ 100Statement of income and expenditureProvision

The Agency must keep proper accounts and records for the Fund and prepare an annual income-and-expenditure statement for the National Assembly.

100. (1) The Agency shall cause to be prepared proper books of accounts and other records relating to the Fund. (2) The Agency shall cause to be prepared an annual statement of the income and expenditure of the Fund to be laid before the National Assembly. Statement of income and expenditure PART IX enforcement ProviSionS

Section 100Verify source

Part

PART IX

§ 101Environmental auditProvision

Owners or project undertakers must mitigate unexpected adverse environmental effects, keep records, and send annual environmental audit reports to the Agency; the Agency must audit likely harmful activities, and inspectors may enter land or premises to check compliance.

101. (1) An owner of premises or a person undertaking a project shall take all reasonable measures to mitigate any adverse effects not contemplated in the environmental impact assessment made in respect of the premises or the project, and shall prepare and submit an environmental audit report on the measures to the Agency annually or as the Agency may, in writing, require. (2) The Agency shall carry out an environmental audit of all the activities that are likely to have an adverse effect on the environment. (3) An inspector may enter upon any land or premises for the purpose of determining the extent to which the activities carried out on the land or premises conform with the environmental impact assessment made in respect of the land or premises. (4) An owner of premises or a person undertaking a project for which an environmental impact assessment is made shall keep accurate records and make annual reports to the Agency describing the extent to which the project conforms, in operation, with the environmental impact assessment.

Section 101Verify source

§ 102Environmental monitoringProvision

The Agency must monitor environmental phenomena and the effects of industries, projects, or activities on the environment. An inspector may enter land or premises to monitor environmental effects.

102. (1) The Agency shall, in consultation with the relevant agencies or bodies, monitor— (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; or Environmental audit Environmental monitoring 156 No. 12 of 2011] Environmental Management Prevention Order Protection order (b) the operation of any industry, project or activity with a view of determining its immediate and long-term effects on the environment. (2) An inspector may enter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried out on that land or premises.

Section 102Verify source

§ 103Prevention orderOffence

The Director-General may issue a prevention order, and the recipient must follow it by the stated date or immediately if none is stated.

103. (1) Where the Director-General has reasonable grounds to believe that a person is, or will be, conducting an activity, or is or will be in possession or control of a substance or thing that may result in an adverse effect, the Director-General may serve a prevention order on that person. (2) A prevention order served on a person under subsection (1) may require that person to— (a) prepare a written emergency response plan to reduce or eliminate the risk and provide a copy of the plan to the Director-General; (b) have any necessary equipment, facilities and trained personnel available to deal with the risk; (c) upon an identified event or set of circumstances occurring, implement the plan; and (d) take measures that are necessary to ensure that any emergency can be effectively dealt with. (3) A person on whom a prevention order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, the person shall comply with the order immediately. (4) A person who contravenes subsection (3) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both, and where the person fails to comply with a requirement specified in the prevention order within the specified time, to a further fine not exceeding one thousand penalty units for each day or part of a day after the date specified in the order during which the offence continues.

Section 103Verify source

§ 104Protection orderOffence

The Director-General may issue a protection order to protect the environment, and anyone served must comply by the date stated or immediately if no date is given.

104. (1) The Director-General may, where the Director-General considers that is necessary to conserve, protect and enhance the environment and natural resources in an area, serve a protection order on— (a) the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment where the activity is occurring or will occur; or (b) any person who caused or permitted the activity. Environmental Management [No. 12 of 2011 157 (2) A protection order may require the person on whom it is served to— (a) take any measures to avoid, remedy or mitigate any adverse effects and to— (i) stop the activity that is resulting or is likely to result in, an adverse effect; (ii) control the activity; (iii) assess the actual or anticipated extent of the adverse effect; (iv) remedy any adverse effects caused by the activity; or (v) prevent a recurrence of the activity or the adverse effect; (b) preserve flora and fauna; (c) preserve the quality and flow of water in a dam, lake river or aquifer; (d) preserve any outstanding geological, physiographical, ecological, archaeological or historical features of the area; (e) preserve scenic view; (f) preserve the natural contours and features; (g) prevent or restrict the scope of any agricultural activity in the area; or (h) create or maintain migration corridors for wildlife. (3) A person on whom a protection order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, the person shall comply with the order immediately. (4) A person who contravenes subsection (3) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both, and where the person fails to comply with a requirement specified in the protection order within the specified time, to a further fine not exceeding one thousand penalty units for each day or part of a day after the date specified in the order during which the offence continues.

Section 104Verify source

§ 105Environmental restoration orderCommencement

An inspector must serve an environmental restoration order when a harmful or risky contaminant discharge occurs, and the person served must comply with the order on the dates set or immediately if no date is given.

105. (1) An inspector shall, where there is a discharge of a contaminant or pollutant into the environment in an amount, concentration or manner that constitutes a risk to human health or Environmental restoration order 158 No. 12 of 2011] Environmental Management property, or that causes or has the potential to cause adverse effects, serve an environmental restoration order on— (a) the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was or is being made; (b) any person who, at the time the discharge occurred, was the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was made; or (c) any person who caused or permitted the discharge. (2) An environmental restoration order may require the person on whom it is served to take any measures that will assist in reducing or eliminating the risk or harm and to take any measures to— (a) take such action as will prevent the continuation or cause of pollution; (b) restore land, including the replacement of soil, the replanting of trees and other flora and the restoration as far as may be, of outstanding geological, archaeological or historical features of the land or the area contiguous to the land or area as may be specified in the particular order; (c) take such action to prevent the commencement or continuation or cause of environmental hazard; (d) cease to take any action which is causing or may contribute to causing pollution or an environmental hazard; (e) remove or alleviate any injury to land or the environment or to the amenities of the area; (f) prevent damage to the land or the environment, aquifers beneath the land and flora and fauna in, on or under or about the land specified in the order or land or the environment contiguous to the land specified in the order; (g) remove any waste or refuse deposited on the land or sea specified in the order and dispose of the same in accordance with the provisions of the order; (h) require the person on whom it has been served to restore the environment as near as it may be to the state in which it was before the asking of the action which is the subject of the order; and (i) prevent the person on whom it is served from taking any action which would or is reasonably likely to cause harm to the environment. Environmental Management [No. 12 of 2011 159 Compliance order (3) A person on whom an environmental restoration order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, the person shall comply with the order immediately. (4) A person who contravenes subsection (4) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both, and if the person fails to comply with a requirement specified in the order within the specified time, to a further fine not exceeding two thousand penalty units for each day or part of a day after the date specified in the order during which the offence continues.

Section 105Verify source

§ 106Compliance orderOffence

The Director-General may issue a compliance order to a licensee to fix a licence breach, and the recipient must comply by the stated date or immediately if none is stated.

106. (1) The Director-General may, where the Director- General has reasonable grounds to believe that any condition of a licence issued under this Act has been breached, serve a compliance order on the licensee requiring the licensee to remedy the breach within the period stipulated in the order. (2) A compliance order issued under subsection (1) may— (a) suspend the licence with immediate effect if the Director- General considers that the suspension is necessary to prevent or mitigate an imminent risk of significant adverse effects to the environment or to human health occurring; or (b) require the licensee to take specified measures to prevent or abate any adverse effect. (3) The Agency may, where a licensee fails to comply with a compliance order— (a) take the necessary steps to remedy the breach and recover the cost from the licensee in accordance with section one hundred and seven; (b) vary the conditions of the licence; or (c) revoke the licence. (4) A person on whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, the person shall comply with the order immediately. (5) A person who contravenes subsection (4) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both, and if the person fails to comply with a requirement specified in the compliance order within the 160 No. 12 of 2011] Environmental Management Cost order Orders initiated by public specified time, to a further fine not exceeding two thousand penalty units for each day or part of a day after the date specified in the order during which the offence continues.

Section 106Verify source

§ 107Cost orderProvision

The Director-General may order required measures and charge a person who failed to comply with an order, licence, or approval for the Agency’s costs.

107. (1) The Director-General may, where a person fails to comply with a requirement in an order, licence or approval issued under this Act, cause the required measures to be taken and may issue a cost order requiring that person to reimburse the Agency for the cost of taking the measures. (2) A cost order shall be enforced as if it were an order of court if no application for the review of the cost order is made.

Section 107Verify source

§ 108Orders initiated by publicProvision

A person may ask the Director-General in writing to issue an order, and the request must explain why the order can be issued. The Director-General must decide within 30 days and notify the person in writing. If the order is refused, the person may ask the Minister to review the decision within 10 days.

108. (1) A person may, in writing, request the Director- General to issue an order under this Act. (2) A request made under subsection (1) shall set out the reasons for the request, including the detailed factual grounds upon which the Director-General would have jurisdiction to issue the order. (3) The Director-General shall consider the request made under subsection (1) and within thirty days shall decide whether or not to issue an order, and shall notify the requesting person, in writing, of the decision, stating the reasons therefor and, if applicable, the date upon which the Director-General intends to issue the order. (4) Where the Director-General decides not to issue an order, the requesting person may, within ten days of the date of being notified of the decision, apply to the Minister for a review of the decision in accordance with Part X. (5) Without prejudice to any other grounds for review, an application for review made under subsection (4) may be made on the ground that the Agency has failed to discharge its function under this Act to take all reasonably practicable steps to enforce the Act.

Section 108Verify source

§ 109Prosecutions initiated by publicCommencement

A person may ask the Director-General in writing to investigate an alleged contravention, and the Director-General must decide within 30 days and notify the requester. If no investigation is started, the requester may lay a charge and prosecute, but must first notify the Director-General in writing.

109. (1) A person may, in writing, request the Director- General to investigate an alleged contravention of this Act. Prosecutions inititated by public (2) A request made under subsection (1) shall set out the reasons therefor, including the detailed factual grounds for believing that a contravention has occurred. (3) The Director-General shall consider the request and, within thirty days, shall decide whether or not to commence an investigation, and shall notify the requesting person, in writing, of that decision, stating the reasons therefor, and, if applicable, the date upon which the Director-General intends to commence the investigation. (4) Where the Director-General decides not to commence an Environmental Management [No. 12 of 2011 161 investigation, the requesting person may lay a charge and initiate and conduct the prosecution and may obtain the assistance of any person in doing so. (5) A person acting under subsection (4) shall, in writing, notify the Director-General prior to laying the charge. (6) A court shall not award any costs or damages against a person who initiates a prosecution after informing the Director-General in accordance with this section, unless the court finds that the primary motivation for the prosecution was not a concern for the public interest or for the enhancement, protection and conservation of the environment.

Section 109Verify source

§ 110Civil actionProvision

A person may sue for damages for an act or omission covered by this Act, even if no loss has been suffered. The court must apply any damages awarded in a set order and generally cannot order costs or damages against the person bringing the civil case unless a public-interest/environment motivation test is not met.

110. (1) A person may sue for damages in respect of an act or omission that constitutes a contravention of this Act or that is likely to have an adverse effect, whether or not that person or any other person has suffered, or is likely to suffer, any loss or harm from the act or omission. (2) The right of action in subsection (1) is in addition to any other legal rights or remedies available to a plaintiff or applicant. (3) The court shall, in any proceedings under subsection (1), order any damages awarded to a plaintiff or applicant to be applied in the following order: (a) to compensate the plaintiff or applicant for any actual legal costs that are not fully compensated by an order against the defendant or respondent, and to compensate the plaintiff or applicant for any damages that that person may have suffered; (b) to compensate other parties for any damages suffered and to remedy any adverse effect caused by the act or omission; and (c) the balance if any, shall be divided in equal parts between the Fund and the plaintiff. (4) A court shall not award any costs or damages against a person who initiates civil proceedings under subsection (1) unless the court finds that the primary motivation for the proceedings was not a concern for the public interest or the enhancement, protection or conservation of the environment.

Section 110Verify source

§ 111Protection, repair and costs ordersOffence

A court may order a convicted person to pay for measures to avoid, remedy, or reduce harm from the offence.

111. A court that convicts a person of an offence under this Act may, in addition to any other penalty imposed— (a) order the person to take and pay for measures to avoid, remedy or mitigate any adverse effects arising from, or Civil action Protection, repair and costs orders 162 No. 12 of 2011] Environmental Management likely to arise from, the offence; and (b) if the person fails to comply with an order under paragraph (a), issue an order allowing the Director-General to take those measures, and requiring the person to pay the Director-General’s costs of so doing. PART X reviewS And APPeAlS Right of review

Section 111Verify source

Part

PART X

§ 112Right of reviewProvision

A person aggrieved by an Agency decision or direction may ask the Board to review it, in the prescribed manner and form.

112. (1) A person who is aggrieved with a decision made, or direction given, by the Agency under this Act, may apply to the Board for a review of that decision or direction in the prescribed manner and form. (2) Without prejudice to any other grounds for review, a person may object to the granting of a licence or other approval under this Act on the basis that the conditions in the licence or approval do not provide adequate protection to the environment or to human beings against the risk of adverse effects, or otherwise fail to give effect to the purpose of this Act.

Section 112Verify source

§ 113Review by BoardProvision

A person must submit a review application to the Board within 30 days of notice of the decision or direction being reviewed. The Board may accept late applications, may order an inquiry, and may dismiss applications it finds trivial, frivolous, or without merit.

113. (1) A person shall submit a review application to the Board within thirty days from the date on which the applicant was given notice of the decision or direction that the applicant wants reviewed. (2) The Board may accept a review application submitted out of time if it considers that it is equitable to do so. (3) The Board may, on receiving a review application under subsection (1), cause an inquiry to be conducted concerning the matters raised in the review application by a person or persons appointed by the Board, in writing, for that purpose. (4) The Board may dismiss a review application and need not cause an inquiry to be conducted if the Board, after considering the review application, considers it to be trivial, frivolous or without merit. (5) The Board shall, where it dismisses an appeal under subsection (4), notify the applicant in writing of the reasons for the dismissal of the application.

Section 113Verify source

§ 114Conduct of inquiryProvision

The person conducting an inquiry must give the applicant and the decision-maker an opportunity to be heard and to make written submissions.

114. manner. (1) An inquiry shall be conducted in the prescribed (2) The person conducting the inquiry shall give the applicant Review by Board Conduct of inquiry Environmental Management [No. 12 of 2011 163 Review by Minister and the person who made the decision or gave the direction an opportunity to be heard and to make written submissions. (3) An inquiry shall be conducted fairly according to the merits of the case.

Section 114Verify source

§ 115Review by MinisterProvision

The Minister must decide review applications and may allow, dismiss, or send them back to the Board. The decision must be in writing, given to the applicant and Director-General, with reasons.

115. (1) The Minister shall, where the Minister receives an appeal or an application for review under any provision of this Act, consider and determine the review application and may— (a) allow the application or appeal wholly or in part; (b) dismiss the application or appeal; or (c) refer the application or appeal back to the Board with a request for consideration or further consideration of some fact or issue. (2) In determining a review application, the Minister— (a) shall have regard to the purpose of this Act and the principles set out in section six; (b) shall have regard to relevant environment policies, guidelines and standards published by the Agency; (c) shall have regard to, but is not bound by, the findings and recommendations of the person conducting the inquiry. (3) The decision of the Minister on a review application shall be given in a written notice delivered to the applicant and to the Director-General, and shall set out the reasons for the decision.

Section 115Verify source

§ 116AppealsOffence

A person aggrieved by a decision of the Agency may appeal to the Minister within 30 days, and a person aggrieved by a decision of the Minister may appeal to the High Court within 30 days.

116. (1) A person aggrieved with the decision of the Agency may appeal to the Minister within thirty days of the decision. Appeals (2) A person aggrieved with the decision of the Minister may appeal to the High Court within thirty days of the decision. PART XI environmentAl offenceS

Section 116Verify source

Part

PART XI

§ 117Offences relating to environmental impact assessmentOffence

A person commits an offence if they fail to do an environmental impact assessment-related requirement or make a false statement in an assessment report.

117. A person who— (a) wilfully fails to undertake an environmental impact assessment contrary to the provisions of this Act; (b) fails to prepare and submit a project brief or an environmental impact assessment report as required under this Act; or Offences relating to hazardous waste materials, chemicals (c) recklessly or fraudulently makes a false statement on an environmental impact assessment report submitted under this Act; commits an offence and is liable, upon conviction, to a fine not 164 No. 12 of 2011] Environmental Management Offences relating to returns and records exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.

Section 117Verify source

§ 118Offences relating to returns and recordsOffence

A person commits an offence if they fail to keep or submit required records or returns, submit false or misleading information, or alter required records.

118. A person who— (a) fails to keep a record required to be kept under this Act; (b) fails to submit a return required for purposes of this Act; (c) submits false or misleading information in any return; or (d) alters a record required under this Act; commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

Section 118Verify source

§ 119Offences relating to environmental standardsOffence

A person who breaks environmental standards, prescribed measures, or uses environmental or natural resources wastefully or destructively commits an offence.

119. A person who— Offences relating to environmental standards (a) contravenes any environmental standards or guidelines established or prescribed under this Act; (b) contravenes a measure prescribed or ordered under this Act; or (c) uses the environmental or natural resources in a wasteful or destructive manner contrary to the prescribed standards, measures or guidelines; commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.

Section 119Verify source

§ 120Offences relating to biological diversityOffence

A person must not trade in, unlawfully possess, or unlawfully disturb biological resources or their habitat contrary to the Act; doing so is an offence punishable on conviction by a fine, imprisonment, or both.

120. A person who— (a) trades in any component of biological resources contrary to the provisions of this Act or any other written law; (b) unlawfully possesses any biological resources; or (c) unlawfully disturbs the habitat of a biological resource in contravention of this Act; commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

Section 120Verify source

§ 121Offences relating to hazardous waste materials, chemicalsOffence

A person commits an offence if they mishandle hazardous waste, chemicals, toxic substances, or radioactive substances, or give false or withheld information about their management.

121. A person who— (a) fails to manage any hazardous waste and materials in accordance with this Act; (b) imports or exports any hazardous waste contrary to this Act; (c) knowingly mislabels any waste, pesticide, chemical, toxic substance or radio-active substance; (d) fails to manage any chemical or radio-active substance Offences relating to biological diversity Offences relating to hazardfous waste materials, chemicals Environmental Management [No. 12 of 2011 165 in accordance with this Act; (e) aids or abets illegal trafficking in hazardous waste, chemicals, toxic substances or pesticides; (f) disposes of any chemical contrary to this Act or hazardous waste within the Republic; or (g) withholds information or provides false information about the management of hazardous wastes, chemicals or radio-active substances; commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units, or to imprisonment for a period not exceeding ten years, or to both.

Section 121Verify source

§ 122Offences relating to pesticides and toxic substanceOffence

A person must not damage pesticide or toxic substance labels, use or dispose of them unlawfully, or handle unregistered or unlicensed substances in the listed ways.

122. (1) A person shall not— (a) detach, alter or destroy the labelling of a pesticide or toxic substance; or (b) use or dispose into the environment a pesticide or toxic substance in contravention of this Act. (2) A person shall not distribute, sell, offer for sale, store, import, export, transport, manufacture, change the composition of, or deal in any manner with any unregistered pesticide or toxic substance or without a licence. (3) A person who contravenes this section commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

Section 122Verify source

§ 123Offences relating to protected areasOffence

A person who does not follow prescribed guidelines for environmentally protected areas commits an offence and may be fined, imprisoned for up to three years, or both.

123. A person who fails, neglects or refuses to comply with guidelines prescribed to regulate environmentally protected areas commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. Offences relating to pesticides and toxic substances Offences relating to protected areas PART XII generAl ProviSionS

Section 123Verify source

Part

PART XII

§ 124ConfidentialityProvision

An inspector must keep report sources confidential and must not tell the inspected owner or representative that a report was made, or reveal information that could identify the reporter.

124. An inspector shall treat as confidential the source of any report of any contravention of this Act and shall not disclose to the owner of the place inspected or that person’s representative that a report was made, or divulge any information that might identify the person who made the report.

Section 124Verify source

§ 125General penaltyAmendment

A person who pollutes the environment or breaks a provision of the Act with no specific penalty can be fined up to 300,000 penalty units, imprisoned for up to 3 years, or both.

125. (1) A person who pollutes the environment or contravenes any provision of this Act for which no penalty is provided, is liable, upon conviction, to a fine not exceeding three hundred thousand General penalty 166 No. 12 of 2011] Environmental Management penalty units or to imprisonment for a period not exceeding three years, or to both. (2) Except as otherwise specified in this Act, a person who is convicted of an offence that is a continuing one, shall in addition to the penalty specified for the offence, be liable, upon conviction, to a further fine, for each day or part of a day on which the offence continues— (a) in the case of an individual, not exceeding five hundred penalty units per day on a first conviction, and not more than eight hundred penalty units per day on each subsequent conviction; and (b)in the case of a body corporate or an unincorporate body, not exceeding one thousand penalty units per day on a first conviction, and not more than two thousand penalty units per day on each subsequent conviction. (3) A court that convicts a person of an offence under this Act may suspend, revoke or amend any licence issued to that person under this Act.

Section 125Verify source

§ 126Offence by body corporate or unincorporate bodyOffence

If a corporate body commits an offence under the Act, each director or manager can be held liable on conviction as if they personally committed it, unless they prove the offence happened without their knowledge, consent, or connivance, or that they took reasonable steps to prevent it.

126. Where an offence under this Act is committed by a body corporate or an unincorporate body, every director or manager of the body corporate or unincorporate body shall be liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence.

Section 126Verify source

§ 127PresumptionsProvision

This section sets presumptions: an adverse effect may be treated as caused by an act or omission if it could have resulted from it, was reasonably foreseeable, and no other plausible cause exists; acts or omissions by certain corporate personnel in the exercise of their powers, functions, or duties are treated as acts or omissions of the body.

127. (1) For the purposes of this Act, an adverse effect is deemed to have been caused by an act or omission if it is possible that the adverse effect could have resulted from the act or omission, if it was reasonably foreseeable that the effect could have resulted from the act or omission, and if there was no other plausible cause for the adverse effect. (2) For the purposes of this Act, an act or thing done or omitted to be done by a director, officer, employee or agent of a body corporate or unincorporate body in the exercise of their powers, functions or duties is deemed to be an act or thing done or omitted to be done by the body corporate or unincorporate body.

Section 127Verify source

§ 128Civil damagesOffence

The Agency may sue for environmental damage, and a court may estimate damage that cannot be precisely measured.

128. (1) The Agency may, without prejudice to any other remedy available under this Act or any other written law, institute Offences by body corporate or unincorporate body Presumptions C i v i damages l Environmental Management [No. 12 of 2011 167 Forfeiture on conviction an action against any person for damage caused by that person to the environment. (2) Any damages payable under this section shall be paid to the Agency. (3) A court may liquidate the damage done to the environment where the damage to the environment cannot be quantified in a precise manner.

Section 128Verify source

§ 129Forfeiture on convictionOffence

The court may order property used in an offence forfeited to the State, and third parties can apply to challenge a conditional forfeiture order within three months.

129. (1) Subject to the other provisions of this Act, where a person is convicted of an offence under this Act, the court may, on application by an inspector or police officer, in addition to any other penalty imposed, declare any matter, article, vehicle, aircraft, boat or any other conveyance used in the commission of the offence to be forfeited to the State. (2) The court may, where an inspector or a police officer makes an application under subsection (1), make an order, hereinafter referred to as a conditional order, to the effect that unless any person other than the convicted person claims any right of ownership in the matter, article, vehicle, aircraft, boat or any other conveyance within a period of three months from the date of the order, the matter, article, vehicle, equipment, aircraft, boat or other conveyance shall be forfeited to the State. (3) An inspector shall, within a period of thirty days from the date of the order, cause a notice of the order to be published in at least three issues of a daily newspaper of general circulation in the place where the offence was committed. (4) The notice referred to in subsection (3) shall be in the prescribed form. (5) The Agency shall, where the article, matter, vehicle, equipment, aircraft, boat or other conveyance is registered in the name of a person other than the convicted person, within seven days after the publication of the notice in the daily newspaper of general circulation in the area, cause a copy to be sent by registered post to the person at the address indicated on the register. (6) A person who claims any right of ownership in the matter, article, vehicle, aircraft, boat or other conveyance may, within the period stipulated under subsection (2), serve upon the Agency and lodge with the clerk of court an application, in writing, for the discharge of the conditional order setting out the claim of ownership in the matter, article, vehicle, aircraft, boat or other conveyance. (7) The clerk of court shall, where an application is lodged under subsection (6)— 168 No. of 2011] Environmental Management (a) fix a date for the hearing, not less than one month after the lodgement of the application; and (b) within seven days of the lodgment, cause notice of the hearing of the application to be served upon the Agency. (8) In any proceedings brought under subsection (6), the onus of proof shall be on the applicant and no order discharging the conditional order shall be made unless the applicant proves that the applicant was not in any manner privy to the offence and that the matter, article, vehicle, equipment, aircraft, boat or other conveyance was at the time of the commission of the offence, used for such purpose without the applicant’s knowledge or consent, and without any negligent disregard on the part of the applicant of its use by the convicted person. (9) Where, upon any application made under subsection (6), the court is satisfied that the matter, article, vehicle, aircraft, boat or other conveyance is owned jointly by the claimant and the convicted person or is the subject matter of a hire purchase agreement between the claimant and the convicted person and the claimant has discharged the onus of proof required under subsection (8), the court shall declare forfeited to the State all of the estate or interest of the convicted person in the article, matter, vehicle, aircraft, boat or other conveyance or all the rights therein accrued to the claimant under the hire purchase agreement or under the Hire Purchase Act and order the estate, interest or rights to be disposed of as the court may consider fit. (10) Except with the consent of the court, any right vested in any claimant under any hire purchase agreement, or under the Hire Purchase Act to repossess any matter, article, vehicle, aircraft, boat or conveyance which is subject to a conditional order made under subsection (2), shall be suspended pending the determination of any application brought under subsection (6), and in the event of the court declaring the rights therein accrued to the convicted person to be forfeited to the State, the accrued right to repossess the matter, article, vehicle, aircraft, boat or conveyance shall not be exercisable against the Government or Agency.

Section 129Verify source

§ 130Disposal of matter, article, vehicle, aircraft or boatOffence

The Agency may ask the court to forfeit seized property to the State without compensation, or to allow immediate disposal by sale or otherwise, and an owner may file a claim within one month after notice is published.

130. (1) Where any matter, article, vehicle, aircraft, boat or conveyance is seized under this Act in relation to, or in connection with, the commission of an offence under this Act and— (a) the person suspected of having committed the offence is unknown; (b) the person suspected of having committed the offence cannot be found for the purpose of service of the process of the court charging that person with the offence; or Cap. 399 Cap. 399 Disposal of matter article, vehicle, aircraft or boat Environmental Management [No. 12 of 2011 169 (c) having been served with such process, the person suspected of having committed the offence fails to appear in answer to the charge; the Agency may, one month after the publication of a notice of its intention to do so, in an issue of a daily newspaper of general circulation in the district in which the offence is alleged to have been committed, apply by way of an ex-parte original application, to the court for an order declaring the matter, article, vehicle, aircraft, boat or conveyance to be forfeited to the State without compensation and ordering it to be disposed of as the court may consider fit. (2) Where any person claims any right of ownership in any vehicle, aircraft, boat or conveyance to which a notice published under subsection (1) applies, that person may, within one month after the date of publication, lodge with the clerk of court a claim of ownership and serve a copy of the notice upon the Agency, and the provisions of section one hundred and twenty-nine shall apply, with the necessary modification, to the claim of ownership. (3) Where any matter, article, vehicle, aircraft, boat or conveyance is seized under this Act, in relation to, or in connection with, the commission of any offence, the Agency may apply to the court by way of ex-parte original application, for an order for the immediate disposal by sale or otherwise of the matter, article, vehicle, aircraft, boat or conveyance and the court may order the sale. (4) Where the matter, article, vehicle, aircraft, boat or conveyance is sold, the proceeds shall be held by the Agency. (5) Where the person suspected of having committed the offence is unknown or cannot be found for the purpose of service of the process of the court, subsection (1) shall apply with the necessary modifications to the proceedings.

Section 130Verify source

§ 131Power to make orders on process in premises, plant andOffence

An inspector may ask a court to stop a polluting process or the use of polluting machinery on suspected-offence premises, and must do so without delay if there is immediate danger to human life and the environment.

131. (1) An inspector may, by way of an exparte application, apply to a court for an order in respect of any premises on which an offence is suspected of being committed under this Act— (a) to prohibit the carrying on of a process or operation causing pollution or which is likely to cause significant damage to human, plant or animal health or the environment; or (b) to prohibit the use of any machinery, plant, equipment or appliance whose use is causing or is likely to cause significant damage to human, plant or animal health or the environment; Disposal of matter article, vehicle, aircraft or boat 170 No. 12 of 2011] Environmental Management after having given the owner or occupier seven days notice of the intention to make the application to the court: Provided that where an inspector suspects that pollution is occurring which poses immediate danger to human life and the environment, the inspector shall, without delay, make the application to court, notwithstanding the seven day notice requirement. (2) The notice of intention to make the application to a court under subsection (1) shall be in the prescribed form. (3) Where, in the case of premises on which an offence is suspected of being committed under this Act, the court is satisfied on an application made by an inspector under subsection (1) (a) that the seven days’ notice of the intention to make an application under this section stating the time at which it had been made, has been served on the occupier of the premises; (b) that the carrying on or use of the operation or process on any part of the premises is in contravention of the provisions of this Act; (c) that the carrying on or use of the operation or process on any part of the premises is causing pollution likely to cause significant damage to human, plant or animal health or the environment; or (d) that any machinery, plant, equipment or appliance is being used so as to cause significant damage to human, plant or animal health or the environment; the court may make an interim order prohibiting either absolutely, or subject to conditions, the use of the plant, machinery, equipment or appliance or the carrying on or use of the operation or process until the earliest opportunity for hearing and determining the application. (4) Where, after the hearing of the application by an inspector under subsection (1), the court is satisfied on evidence submitted by an inspector and after affording the owner or occupier an opportunity to be heard, the court may— (a) prohibit the use of the machinery, plant, equipment or appliance in question unless the machinery, plant, equipment or appliance can be repaired, altered or moved so as to permit the use thereof without the polluting effect, in which case the court may prohibit its use until it has been so repaired, altered or moved; Environmental Management [No. 12 of 2011 171 Summary imposition of penalties (b) prohibit the carrying on or use of the operation or process in question unless satisfied that there shall be taken such steps as will enable it to be carried on or used otherwise than in the manner causing pollution or causing significant damage to human, plant or animal health or the environment, in which case the court may prohibit the use of the machinery, plant, equipment or appliance or the carrying on or use of the operation or process until such steps are taken in the course of the carrying on or the use of it; or (c) make such other order as the court may consider appropriate.

Section 131Verify source

§ 132Summary imposition of penaltiesOffence

An inspector may demand a fine for certain offences, must tell the person they may admit or dispute liability, and must give a receipt if payment is received.

132. (1) An inspector may, where satisfied that any person has committed an offence for which the penalty does not exceed two hundred thousand penalty units or where a person has admitted the commission of an offence under this Act for which the penalty does not exceed two hundred thousand penalty units, summarily demand from the person the payment of a fine not exceeding six thousand penalty units in respect of the offence. (2) An inspector shall, where the inspector demands a payment under subsection (1), inform the person against whom the demand is made of the right to admit or dispute the liability. (3) A person from whom payment of a fine has been demanded under subsection (1) may elect to admit liability and pay the fine, or dispute liability. (4) The payment of a fine shall operate as a bar to any further criminal proceedings against the person making the payment in respect of the offence concerned. (5) An inspector who receives payment of a fine shall give a receipt to the person making the payment in such form as may be prescribed. (6) An inspector who receives a payment under this section and (a) fails to issue a receipt to the person making the payment as required under subsection (5); (b) fails to account for any payment made under this section; or (c) in any manner, misuses or puts to personal use any payment made under this section; commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. 172 No. of 2011] Environmental Management Protected disclosure Act No. 4 of 2010 Regulations

Section 132Verify source

§ 133Protected disclosureProvision

A disclosure is protected if, when made, the person in good faith believed it was evidence of an environmental risk.

133. A disclosure made by a person who, in good faith, believed at the time of the disclosure that the person was disclosing evidence of an environmental risk is a protected disclosure for the purposes of the Public Interest Disclosure (Protection of Whistleblowers) Act, 2010.

Section 133Verify source

§ 134RegulationsRepeal

The Minister may make regulations, if recommended by the Agency and done by statutory instrument, to carry out this Act.

134. (1) The Minister may, on the recommendation of the Agency, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Without limiting the generality of subsection (1), regulations made under that subsection may— (a) prescribe fees or charges payable in respect of any matter arising under, provided for, or authorised by, this Act; (b) prescribe offences and fines not exceeding five hundred thousand penalty units or imprisonment for a period not exceeding five years; (c) prescribe the forms for applications, licences, approvals, registers, notices, orders and other documents required for the purpose of this Act; (d) prescribe the information to be given in returns and other documents delivered or made for the purposes of this Act; (e) provide the procedure for the service of notices, orders and documents under this Act and the times at which they shall be taken to have been served; and (f) prescribe the procedure for objections, reviews and public inquiries under this Act, and the making, consideration, hearing and determination of objections, reviews and public inquiries. (1) The Environmental Protection and Pollution Control Act, 1990, and the Natural Resources Conservation Act are hereby repealed.

Section 134Verify source

§ 135Repeal of Cap. 204 and Cap. 156 of old edition of lawsRepeal

The Second Schedule applies to the matters listed in it.

135. (2) Notwithstanding subsection (1), the provisions of the Second Schedule shall apply in respect of the matters specified therein. Repeal of Cap 204 and Cap. 156 of old edition of laws Environmental Management [No. 12 of 2011 173 FIRST SCHEDULE (Sections 7 (2) and 11(7)) AdminiStrAtion of the Agency PART I the boArd of the Agency

Section 135Verify source

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12 referenced instruments

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Act If this Act
Section 3
Agency Act
Section 73
Agency as the Agency shall designate. (3) Where under this Act
Section 2
Agency’s functions under this Act
Section 13
any licence issued to that person under this Act
Section 125
Environment Report and every National Environmental Act
Section 90
Environment Report National Environmental Act
Section 18
Environment Report The Minister must publish a State of the Environment Report within two years after the Act
Section 20
Fisheries Act, 2011
Section 76
Fund Act
Section 97

N–S

2 instruments

Public Interest Disclosure (Protection of Whistleblowers) Act, 2010
Section 133
Republic as may be specified in the instrument of appointment. (4) Subject to the other provisions of this Act
Section 17

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Environmental Management Act, 2011

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