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Zambia Statutory instrument

Zambia legislation

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

This section states the regulations’ short title. This section defines key terms used in the regulations. A developer must not start a project that needs a project brief or environmental impact statement unless that…

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Jurisdiction
Zambia
Structure
53 provisions
Citation
SI 28 of 1997
Dates
Legal dates not recorded
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Dates
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01

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“This section states the regulations’ short title.”

This section states the regulations’ short title. This section defines key terms used in the regulations. A developer must not start a project that needs a project brief or environmental impact statement unless that document is completed under the regulations and the Council has issued a decision letter. A developer must prepare a concise project brief and submit six copies to the Council. The Council must consider the project brief and comments received, and if satisfied it must issue a decision letter to the authorising agency within 40 days, with conditions if appropriate.

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Section 30

If a developer gets an authorisation licence, permit, or permission after a project brief or environmental impact assessment, but does no land preparation or construction work within three years, the developer must re-register its intention to develop with the…

Section 30

Water

This provision sets out the steps for preparing an environmental impact study, including appointing a co-ordinator, selecting the team, assessing impacts, consulting affected communities, and submitting the report to the Council.

Section 5

04

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Showing 53 of 53 provisions

Provision 48Commencement 3Short titleOffence
§ 1These Regulations may be cited as the Environmental Pro­Short title

This section states the regulations’ short title.

1. These Regulations may be cited as the Environmental Pro­ tection and Pollution Control (Environmental Impact Assessment) Regulations, 1997. Tille
Section 1Verify source
§ 2Section 2Provision

This section defines key terms used in the regulations.

2. In these Rcgul ations. unless the context otherwise requires-- Interpreta­ tion " authorising agency " means any Government ministry or depanment, public corpornlion, local authority or public officer in which, or in whom, any law, regulation or hy-law vests the powers and functions to authorise, control or manage any aspect of a proposed or existing project; " Council " means the Environmental Council of Zambia established by section three of-the Act or any agent of the Council who has been duly authorised by the Council for purposes of these regulations; " day " means an official working day; "·decision letter " means a le1tcr issued by the Council stating that a proposed project is not likely to cause unacceptable environmental impacL� or that the expected environmental impacts are unacceptable and an ljUthorisation licence, a .,_, pennit or pcnnission should not :be issued; Copies of this Stalutory Instrument can be obtained from the GovernmenJ Pr,'n1er, P. 0. Box 30/36, /0/0(), lusaka. Price KS.500 each. C I i • • 94 Statutory lmtruments 21st February, 1997 / " developer " means any person who, or entity which, pro­ poses to undertake a new project or to repair or extend an existing project which falls within the list of projects provided for in Lhe First Schedule and who, or which, is · responsible for obtaining the appropriate authorisation; " Director " means the Director appointed underscctionfifteen of the Act or any other person who has been authorised by the Director 10 act on his behalf; " environment." has the meaning assigned to it in section two of the Act; " environmental impact a�sessment " means a systematic examination conducted to determine whether or not a proposed project, or alteration 10 an existing project, or alternatives, may have signilicant adverse or beneficial impacts on the environment; " environmental impact statement " means the statement described in regulations 8, 1 1 , 12, and 1 3; " environmental mitigation audit " means the systematic, documented, periodic and objective evaluation of the imple­ mentation and performance of the impact management plan included in an environmental impact statement and as included in any authorisation licence, permit or permission pertaining 10 a proposed project or alteration of an existing project; " individual person " means the human person; " inspector " means an Inspector appointed under section eighty-one of the Act; " ma�s media " includes publicly exhibited posters, newspa­ pers, radio, television or other electronic media used for public communication; " mitigation measures " include engineering works, techno­ logical improvement�. management measures and other ways and means of preventing, ameliorating or compensat­ ing for adverse environmental impacts and losses suffered by individuals and communities and for enhancing ben­ efits; " project " means any plan, operation, undertaking, develop­ ment, change in the use of land, or extensions and other alterations LO any of the above and which cannot be imple­ mented wiLhouL an authorisation licence, permit or permis­ sion from an authorisin� agency or without approval from a line ministry before ertry into a project implementation programme; .- • 21st February, 1997 Sta1111ory Instruments 95 " project brief " means a report made by the developer including preliminary predictions of possible impacts of a proposed project on lhe environment and constituting the first stage in the environmental impact assessment process; "proprietary information" means information relating to any manufacturing process, trade secret, trademark, patent, copyright, breeder's right, or formula protected by law or by any international treaty to which Zambia is a party. PARTII PROJECT BRlllFS
Section 2Verify source
§ 3(1) A developer shall not implement a project for which aProvision

A developer must not start a project that needs a project brief or environmental impact statement unless that document is completed under the regulations and the Council has issued a decision letter.

3. (1) A developer shall not implement a project for which a project bricf oranenvironmental impact statement is required under these Regulations, unless the project brief or the environmental impact statement has been concluded in accordance with these regulations and the Council has issued a decision letter. Project brief and cnvironmcn- tal impact statement (2) The requirement for a project hrief applies to- ( a) a developer of any{rojcct set out in the First Schedule whether or not !he developer is part of a previously approved project; (b) any alterntions or extensions of any existing project which is.set out in lhc First Schedule; or (c) any project which is not specified in lhe First Schedule, but for which the Council determines a project brief should be prepared.
Section 3Verify source
§ 4A developer shall prepare a project brief under regulation 3,Provision

A developer must prepare a concise project brief and submit six copies to the Council.

4. A developer shall prepare a project brief under regulation 3, stating in a concise manner- Preparation of project brief ( a) the site description of the environment; (b) the objectives and nature of the project and reasonable alternatives; (c) the main activities that will be undertaken during site preparntion, and construction and after the development is operational; ( d) the raw and other materials that the project shall use; (e) the products and by-products, including solid, liquid and gaseous waste generation; (f) the noise level, heat and radioactive emissions, from normal and emergency operations; 96 Statutory Instruments 21 st February, 1997 Submission or project brief lo Council / Consider­ ation of project bticf and decision by Council (g) the expected socio-economic impact or the project and the numberor people that the project will resettle or employ, directly, during construction and operation; (h) the expected environmental impact or the project, taking into account the provisions or paragraphs (c) to (g); (i) the expected effect on the bio-diversity, natural lands and geographical resources and the area or land and water that may be affected through time and space; and (j) a description or adverse mitigation measures and any monitoring programmes to be implemented. S. (I) A developer shall submit six copies or the project brief to the Counci I. (2) If the Council considers the project brier to be complete, the Council shall transmit the project brief to the authorising agency for comments within seven days of receiving the project brief. (3) The authorising agency referred to in sub-regulation (2) shall make comments and transmit them to the Council within thirty days of receiving the project brief. (4) Where the agency fails to make comments or transmit the project brief to the Council within the period specified in sub­ regulation (2), the Council shall proceed to consider that project brief.
Section 4Verify source
§ 6(I) The Council shall consider the project brief and theProvision

The Council must consider the project brief and comments received, and if satisfied it must issue a decision letter to the authorising agency within 40 days, with conditions if appropriate.

6. (I) The Council shall consider the project brief and the comments received. (2) If the Council is satisfied that the project will have no significant impact on the environment, or thal the project brief discloses sufficient mitigation measures to ensure the acceptability or the anticipated impacL�. the Council shall within rorty days of . receiving the project brief from the developer, issue a decision letter, with conditions as appropriate, LO that effect, to the authorising agency. PART III ENVIRONMENTAi. IMPACT STATEMENT· Decision that an environ­ mental impact statement be prepared
Section 6Verify source

Part

PART III

§ 7(I) Where the Council determines that the project is likely toProvision

If the Council thinks a project may significantly affect the environment, it must require an environmental impact statement and tell the developer within 40 days after receiving the project brief.

7. (I) Where the Council determines that the project is likely to have a·signilicant impact on the environment, it shall require that an environmental impact statement be prepared in accordance with these· Regulations, and shall inrorm the developer accordingly within rorty days or receiving the project brief rrom the developer. ,. 21st February, 1997 Statutory Instruments 97 (2) A requirement for an environmental impact statement under regulation(]) shall apply 10--- . ( a) a developer of any project specified in the Second Sched­ ule regardless of whether Ilic developer is pan of a previously approved project; (b) any alterations or extensions of any existing project which is spcci lied in the Second Schedule; or ( c) any project which is not specified in the Second Schedule, but for whjch the Council determines that an cnviron­ mcmal impact statement should be prepared.
Section 7Verify source
§ 8(1) An environmental impact statement shall be prepared Terms ofProvision

The developer must prepare and pay for the terms of reference, consult the Council and the public, and wait for Council approval before starting the environmental impact statement.

8. (1) An environmental impact statement shall be prepared Terms of reference and paid for by lhe developer in accordance with the terms of reference prepared by the developer in consultation with the Coun- cil. (2) To ensure that public views arc taken into account during the preparation of the terms of reference, the developer shall organise a public consullation process, involving Government agencies, local aulhorilics, non-governmental and community-based organisations and interested and affcctcd panics, to help determine the scope of the work to be done in the conduct of the environmental impact assessment and in the preparation of the environmental impact statemem. (3) The developer shall prepare draft terms of reference taking into account the issues contained in the Third Schedule and the results oflhc consultations undenaken under sub-regulation (2) and submit these 10 lhe Council for approval. (4) On receipt of the draft terms of reference, the Council shall determine, within a period of live days from receipt of the draft, whether the terms of reference are acceptable and if the terms of reference are unacceptable, the developer shall, with the assistance of the Council, prepare the final terms of reference. (5) A d\wclopcr shall not begin work on preparing the environ­ mental impact statement until the Council has approved the terms of reference. (6) The terms of reference shall include a direction that those responsible for preparing the environmental impact statement pro­ vide information on all matters specified in regulation 11 together with such other matters a,� arc considered necessary by the Council.
Section 8Verify source
§ 9(1) The developer shall, upon the approval of the terms ofProvision

The developer must submit the names and qualifications of the people who will prepare the environmental impact statement, and must conduct the assessment according to the stated guidelines. The Council may approve or reject submitted names and, if it rejects one, must give reasons and ask for another name.

9. (1) The developer shall, upon the approval of the terms of reference for an environmental impact statement under regulation 8, submit 10 the Council the names and qualifications of the persons that shall prepare lhe environmental impact statement. Approval of persons preparing environmen­ Lal impact statement and conduct of environ­ ment.al impact asscssement 98 Statutory Instruments 21st February, 1997 Public consultations (2) The Council may approve or reject the name of any·person submitted to it under sub-regulation (I). (3) Where the Council rejects the name referred to in sub­ regulation (2), it shall state the reasons for the rejection and request that another name be submitted withi_nsuch period as it shall specify. (4) Subject to the other provisions of these Regulations, the developer shall conduct the environmental impact assessment in accordance with the guidelines, which arc sci out in the Fourth Schedule, and any other guidelines, as the Council considers appro­ priate for the project.
Section 9Verify source

Part

Schedule, and any other guidelines, as the Council considers appro­

§ 10(1) The developer shall, prior to the submission of theProvision

The developer must consult affected communities before submitting the environmental impact statement to the Council.

10. (1) The developer shall, prior to the submission of the environmental impact statement to the Council, take all measures necessary to seek the views of the people in the communities which wiJI be affected by the project. (2) In seeking the views of the community in accordance with sub-regulation(]), the developer shall- ( a) publicise the intended project. its effects and benefits, in the mass media, in a language understood by the community, fora period of not less than fifteen days and subsequently at regular intervals throughout the process; and (b) afterthc expiration of the period of fifteen days, referred to in paragraph (a), hold meetings with the affected commu­ nity in order to present information on the project and obtain the views of those consulted. Contents of environmen• tal impacl statement
Section 10Verify source
§ 11Without prejudice to the generality of the issues containedProvision

An environmental impact statement must include specified project, site, environmental, socio-economic, and impact-management details.

11. Without prejudice to the generality of the issues contained in the terms of reference as set out in the Third Schedule, the environmental impact statement shall include- ( a) a description of the project, and reasonable alternatives, . which may begin or increase operations to provide mate­ rials or services to the proposed project; (b) a description of the proposed site and reasons for rejecting other alternative sites; ( c) a brief description of the site and the surrounding environ­ ment specifying any information necessary to identify and assess the environmental effects of the project; (d) a description of the raw material inputs into the project and their potential environmental effects; (e) a description of the technology and processes that shall be usc9; 21 st February, 1997 Statutory Instruments 99 (f) a description of the producL� and by-product� of the project; (g) the environmental effects of the project, and reasonable altcmativcs, including the direct, indirect, or cumula­ tive, short-tcnn and long-tenn effects; (h) the socio-economic impacL� of the project, such a� rese!Ue­ mem or affected people; (i) an impact management plan containing a description of measures proposed for preventing, minimising or com­ pensating for any adverse impact, and enhancing benefi­ cial effects, and measures lo monitor effluent streams or important environmental features that may be affected by the project; and (jJ an indication of whether the environment of any neighbouring stale is likely lo be affected.
Section 11Verify source
§ 12An environmental impact statement shall contain an ex­Provision

An environmental impact statement must include an executive summary with the main findings and recommendations, and it must be signed by every person involved in preparing it.

12. An environmental impact statement shall contain an ex­ ecutive summary, stating the main findings and recommendations, and shall be signed by every individual person involved in its preparation. Executive summary and signatures
Section 12Verify source
§ 13(1) The Council shall transmit a copy of an environmentalProvision

The Council must send a copy of an environmental impact statement to the neighbouring state through the appropriate Ministry and ask for comments within a specified period.

13. (1) The Council shall transmit a copy of an environmental impact statement 10 the neighbouring state, through the appropriate Ministry, whose environment may be affected, with a request for comments to be received within a specified period. (2) The Council shall consider commenl� received under sub­ regulation (I) and. state the review process of an environmental impact statement. Transmis­ sion of environmen­ tal impact statement to neighbouring state and review of comments PARTIV REvmw PROCESS or ENVIRONMENTAL IMPACT STATEMENT
Section 13Verify source
§ 14(I) The developer shall submil t we Ive copies of an environ­Provision

The developer must submit six copies of an environmental impact statement to the Council, and the Director must enter the statement in the Register of environmental impact statements.

14. (I) The developer shall submil t we Ive copies of an environ­ mental impact statement lo the Council. (2) The Director shall enter the environmental impact state­ ment, submilled under sub-regulation (I), in a Register of environ­ mental impact statements. Submission of environ­ mental impact statement
Section 14Verify source
§ 15(1) The Council shall, within seven days of receipt of theProvision

The Council must send a copy of the environmental impact statement to the authorising agency within 7 days of receiving it, and the authorising agency must comment and send those comments back within 30 days.

15. (1) The Council shall, within seven days of receipt of the environmental impact statement, transmit a single copy of the statement to the authorising agency for comments. Comments of the agency (2) An authorising agency shall. within thirty days of receiving the environmg11al impact statement make comments on the state­ ment and transmit them to the Council. 100 Statutory Instruments 21st February, 1997 Public consultations Decision to hold a public hearing (3) An authorising agency may, in considering the environmen­ tal impact statement under this Regulation, carry out such other procedures as ii may be consider appropriate.
Section 15Verify source
§ 16(I) The Council shallProvision

The Council must distribute and publicize copies of an environmental impact statement, and it may organize public meetings.

16. (I) The Council shall- (a) distribute copies of an environmental impact statement to relevant ministries, local government units, parastals, non-governmental and community-based organisations, interested and affected panics; (bf place copies of an environmental impact statement in public buildings in the vicinity of the site of the proposed project; (c) place a notification in at least two national newspapers three limes a week for two consecutive weeks, and broadca�t a notification on national radio, detailing the place and time where copies of an environmental impact statement arc available for inspection and the proce­ dures for submitting comments. (2) The Council may organise, or cause to be organised, public meetings in the locality of the proposed project. (3) Any person wishing to make a comment on any copy of an environmental impact statement shall send comments to the Coun­ cil, within twenty days from the date of the last notification issued in accordance with paragraph (c) of sub-regulation(!). (4) The Council may extend the period for receipt of written comments up to a maximum offificcn days, if the Council considers that- \ ( a) many contentious issues have arisen indicating the sensi­ tive nature of the project; or (b) the remoteness of the project location causes logistical problems for the consultation process. '
Section 16Verify source
§ 17(I) The Council shall consider an environmental impactProvision

The Council must review the environmental impact statement and comments, and may have to hold a public hearing. If a hearing is held, notice must be published in national papers, documents must stay available for inspection, the hearing must start on time, and the presiding person must report back to the Council.

17. (I) The Council shall consider an environmental impact statement and all the comments received under regulation 15 and 16 to determine whether to issue a decision leuer in accordance with regulation 21 or hold a public hearing in .accordance with sub• regulation (2). (2) The Council shall hold a public hearing on the environmen­ tal impact statement if- ( a) as a result of the comments made under regulations 15 and 16, the Council is of the opinion that a public hearinj! shall enable it to make a fair and just decision; or 21st February, 1997 Statutory I nsrrume,us 101 (b) the Council considers it necessary for the protection of the environment. 1 8. (1) Whenever a.public hearing is to be conducted under these Regulations- Public hearing ( a) a notice of the hearing shall be published three times a · · week for two consecutive weeks in national papers at least fifteen days prior to the public hearing; and all expenses of the notices shall be incurred by the project proponent; (b) all documents shall, from theend of the period of the public review, until the end of the public hearing remain avail­ able for public inspection accompanied by all written comments at the location speci lied under regulation 16; (cl such_ hearing shall.begin not later than twenty-live days notificatlon: _ after the last pwiiic Provided I.hat if the Council determines that the num­ ber and complexity of the issues, to be considered at a hearing, require additional preparations time.on the pan of those wishing to make a presentation 10 the hearing, . ii may extend this period up lo maximum of ten days; ( d) the Council shall, where it feels, necessary and appropriate request any relev3!i1 persons 10 be present at the, public hearing to make comments or solicit, in writing, for comment.� from other Government agencies which have expertise or regulatory power over the proposed project, as well as from the auhorising agency. \ '· (2) The Council shall appoint a person who, in its opinion, is suitably qualified 10 preside over the public hearing and who shall serve on such terms and conditions as may be agreed between the Council and the person so appointed. ' . (3) A public hearing shall be conducted at a venue which shall be convenient and accessible to those persons who arc likely to be specifically affected by the project. Persons eligible to pmticipatc in a pubhc hearing ( 4) On the conclusion of a public hearing the person presiding at the hearing shall, within Ii flecn days from the termination of the public hearing, make a report of his findings to the Council.
Section 17Verify source
§ 19(1) Any person may attend a public hearing, either in personProvision

Any person may attend a public hearing in person or through a representative and make presentations, but the presiding person may block frivolous or vexatious presentations. The Council must set the presentation procedure.

19. (1) Any person may attend a public hearing, either in person or through a representative. and make presentations: Provided that the person presiding at the public hearing shall have the right to disallow frivolous and vexatious presentations which lead to the abuse or the process. StatulOry ln.vtruments 21st February, 1 997 (2) The Council shall determine the procedure for making presentations at a pub'ic hearing. PART V DECISION or TIIE COUNCIL Criteria for det:isiuns
Section 19Verify source

Part

PART V

§ 20(I) In making a decision regarding an environmental im­Provision

The Council must consider specified environmental review inputs when deciding on an environmental impact statement and must issue a decision letter approving, rejecting, or conditionally approving the project.

20. (I) In making a decision regarding an environmental im­ pact statement .under these Regulations, the Council shall t�e into account- ( a) the impact predictions made in the environmental impact statement; (b) the comments made under regulations 1 5 and 16; (c )the repon of the person presiding at a public hearing, where applicable: (d) other factors which the Council considers crucial in the panicular circumstances of the project. (2) The Council shall make its decision in accordance with regulation 2 1 , wilhin thiny days after reccipl or a repon from a public hearing or twenty days from the. date on which an environ­ mental impact statement wa� submi11c4 under regulation 14. 2 l. (I) The Counci I shall take into account the whole review process and issue a decision ·Jeller stating that- (a) the project is approved; (b) ihe project is rejected; or (c) the projecl is approved subject to the developer meeting cenain conditions.
Section 20Verify source
§ 22(I) In issuing its decision leiterthc Council shall, a� the caseProvision

When issuing its decision, the Council must give reasons for any rejection or attach conditions as an annex to an authorization, licence, permit, or permission issued to the developer. Any annex with specified conditions must be signed by the Director.

22. (I) In issuing its decision leiterthc Council shall, a� the case may bc- (aJ provide reasons for any rejections; or (b) specify lhe conditions to be auached, as an Annex to any authorisation licence, permit or permission issued to the developer ba.,;cd on an impact management plan pro­ vided in an environmental impact statement; including an activity schedule to govern implementation of the conditions. (2) An Annex containing any specified condition shall be signed by the Director. Dcci�ion or Council and issue of decision tenor Rea.mns and condilions of decision Communica­ lion of decision
Section 22Verify source
§ 23A decision of the Council under this Pan shall be commu­Provision

The Council must communicate its decision to all parties concerned within 15 days.

23. A decision of the Council under this Pan shall be commu­ nicated to all panics concerned, within fifteen days oflhe decision. ! j 21st February, 1997 StatUlliry lnstrument.f . , l03
Section 23Verify source
§ 24(1) Ir any pany concerned is aggrieved by a decision of the AppealsProvision

An aggrieved party may appeal Council decisions to the Minister in writing within 10 days, and may then appeal to the High Court if still dissatisfied.

24. (1) Ir any pany concerned is aggrieved by a decision of the Appeals Council, that pany may, in writing, appeal 10 the Minister against the decision of the Council within a period often days alierrcccipt of the decision leuer from the Council. (2) Thc'Minister shall render his decision within rounecn days of receiving an appeal. (3) If the aggrieved pany is not content with a decision. of the Minister he may appeal to the High Coun.
Section 24Verify source
§ 25An authorisation licence, pennit or permission, that ha.�Provision

A licence, permit, or permission issued after an environmental impact statement is not valid unless it has an annex signed by the Director with the conditions to be implemented.

25. An authorisation licence, pennit or permission, that ha.� been issued, following preparation of an environmental impact statement, shall not be valid unless it has an Anneit signed by the Director stipulating the conditions to be implemented. Validily or alllhorisation document PART VI ACCESS To ENVIRON!IIENTAI. IMPACT STATil!IIENTS AND INJ'ORMATION
Section 25Verify source

Part

PART VI

§ 26(I) Any project brief, environmental impact statement, DocumentsProvision
26. (I) Any project brief, environmental impact statement, Documents terms or reference, puhlic commenL�. repon of a person presiding 1n be public at a public hearing. decision leueror any other information submit- ted to the Council under these Regulations, shall be public docu- men�. (2) The Council shall, on such terms and conditions a.� it may detennine, grant any person who desires ID con.�ult any document, referred to in sub-regulation (1 ),. access 10 that document.
Section 26Verify source
§ 27(I) Where at any stage during the process ofimplementingProvision

A developer may claim in writing that information is proprietary, and the Council must review and decide the claim within 20 days. Until the decision, the information cannot be copied, circulated, published, or disclosed.

27. (I) Where at any stage during the process ofimplementing these Regulations, the developer claims,.in writing, that any infor­ mation submil!cd 10 the Council is pmpriclary-. Protccdon or 'etary rnr'�ation :, J . (a) the Council shall review the claim and may request the developer ID submit such additional infonnation a.� it considers necessary to suppon such claim; and (b) no person shall copy, circulate, publish or disclose such · information until the Council makes a decision on the claim. · (2) The Council shall decide wiihin twenty days of the making of the claim under sub-regillation·( I ). whelherio treat the informa­ tion a.� pmprielary or not. . · (3) Where'lhe Council determincs'lhat the information referred to in sub-regulation (-1) is proprietary, such information shall be excluded from !he project brief.or !he environment:.! impact state­ ment, but such information shall remain available to the Council. ' . ' · (4) Any member of staff of !he C9u11cil who is handling any information which !he Council ha.� dctenninc� to be proprietary, shall not disclose or communicate such information to any unauthorised person. 104 Statutory Instruments 2 1 st February, 1997 (5) Where the Council rejljCt a claim that any information is proprietary, the Council shall request the developer to communi­ cate, in writing, to the Council, whelher the developer intends to---- (a) waive the claim and continue with the a.'ISessment process under these Regulation; or (b) withdraw the information submitted under these Regula­ tions from the a.,;sessment process under these Regula­ tions. PART VII Pos-r-AssEssMENT ENVIRONMENTAL Auorrs Preparation ofan e.,1vironmen­ tal audit
Section 27Verify source

Part

PART VII

§ 28(I) In executing a project, the developer shall take allCommencement

The developer must follow authorisation conditions, do an environmental audit within 12 to 36 months after the project ends or starts operating, and submit audit reports to the Council. The Council can also require audits or remedial actions.

28. (I) In executing a project, the developer shall take all practicable measures to ensure that all conditions attached to an authorisation document are complied with. (2) Subjectto sub-regulation 3, the developer shall undertake an environmental audit of the project within a period of not less than twelve months and not more than lhirty-six months after the completion of the project or the commencement of it,; operations, whichever is the earlier. (3) Notwilhstandingsub-regulation (2), the Council may ask the developer to undertake an environmental audit at any time for short term spraying or any other purpose. (4) The environmental audit undertaken under sub-regulation (2) shall be carried out by at least two appropriately qualified pcrsons from those who prepare the environmental impact state­ ment and where this is not possible, by persons whose names and qualifications have been approved by the Council for that purpose. (5) The audit referred to in sub-regulation (2) shall focus on the implementation of the conditions attached to an authoriation docu- ment and shall include conclusions on the extent to which- ( a) the measures specified in the conditions have been imple­ mented according to the activity schedule; and (b) the measures are achieving the expected results and, where deficiencies exist, suggest measures to deal with them. (6) The Council may, after the environmental audit referred to in sub-regulation (2), require the developer to carry out specified remedial actions and further audit,; at such times a.,; the Council may consider necessary. (7) An environmental audit report shall be prepared after each audit and shall be submitted to the Council by the developer within such time as the Council may determine. 21st February, 1997 Statutory Instruments 105
Section 28Verify source
§ 29(l) An inspector appointed under the Act may at all reason- Role of anProvision

An inspector may enter related project sites to investigate compliance after an environmental audit and may examine and copy records.

29. (l) An inspector appointed under the Act may at all reason- Role of an inspector able times emer upon any land, premises or other facility related to a project for which a project brief or an environmental impact statement has been made under these Regulations to undenake investigations relating to the implementation of any condition or measure to be taken following an environmental audiL (2) An inspe�mr acting under this Regulation may examine and copy any record and exercise all or any of the powers provided for under section eighry-four of the AcL Expiry of authorisation document Developer IO inform authorising agent of changes Need for additional environmen­ tal informa� .lion PART VIII l'F.RIOD OF V AI.IDrrY
Section 29Verify source

Part

PART VIII

§ 30Section 30Provision

If a developer gets an authorisation licence, permit, or permission after a project brief or environmental impact assessment, but does no land preparation or construction work within three years, the developer must re-register its intention to develop with the authorising agency.

30. If. following the preparation of a project brief or environ­ mental impact assessment, an authorisation licence, a permit .or permission has been isued but no land preparation or construction work has stancd wthin three years, the developer shall re-register with the authorising agency any intention to develop.
Section 30Verify source
§ 31A developer shall inform the authorising agency of anyProvision

A developer must tell the authorising agency about any changes to the development, and the authorising agency must then inform the Council.

31. A developer shall inform the authorising agency of any changes to the development and the authorising agency shall inform the Council accordingly.
Section 31Verify source
§ 32(1 ) The Council shall decide whether-·Provision

The Council decides whether extra environmental impact assessment work is needed, and if it is, the developer must follow the stated procedures and provide any required extra information.

32. (1 ) The Council shall decide whether-· (a) an additional environmemal impact statement is required to be prepared; or (b) any. extra work is needed to be done to supplement the existing environmental impact statement. (2) If an additional environmental impact statement is required, a developer shall follow the procedures set out tfnder regulations 8 1028. (3) Where a supplement to the environmental impact statement is required, the Council shall advise the developer, as to the nature of the additional information required and the developer shall submit such information to the Council. (4) The Council shall circulate any information for review to any relevant Government agency and local government authority which shall send their comments 10 the Council within twenty days of receipt of the information.
Section 32Verify source
§ 33On receipt of any comment under sub-regulation (4) ofProvision

If comments are received under regulation 32(4), the Council must issue a decision letter within 10 days after the comment period ends.

33. On receipt of any comment under sub-regulation (4) of regulation 32, 1he Council shall issue a decision leuer within ten days of the close of the period set for receipt of comments. Issue of decision letter , I 106 SIIJIUJOry fnstnuMnu 21 SI February, 1997 om,,.,.,. onc1 penaltia
Section 33Verify source
§ 34(1) Any person whoOffence

Any person who fails to submit required project or environmental documents, makes false statements, alters them fraudulently, ignores permit conditions, or otherwise breaches these Regulations commits an offence.

34. (1) Any person who- PART IX l'l!NAJ.TiliS (a) rails to prepare and submit a projcel brier IQ the Council under regulation 7; (b) fails to prepare and submit an environmental impact slalcmcm under regulations 1 1 , 12 and 1 3; (c) rraudulcnUy makes a false slalcmcnt in a project brier or environmental impactslalCmcnt contr.iry to these Rcgu­ latiorL�: (d) fraudulcnUy alters an environemntal impact statement or project brief contrary to these Regulations; (e) in the development of a project, fails 10 abide by the conditions a11ached to an authorisation pennit or licence under regulatioJL� 21 and 28; (f) fraudulcnUy makes a false statement in an environmental audit contrary to these RegulatioJL�; or (g) otherwise fails to comply with these RcgulalioJL�; shall be guilty or an offence and shall be liable, upon conviction, 10 a line notcKceeding live hundred and lil\y-siK penally uniL� or to imprisonment ror a period not c11cccding one year or to both. (2) A person who commits an offence under sub-regulation (1) shall, have the authorisation, pennil or licence suspended or can­ celled.
Section 34Verify source

Part

PART IX

§ 35(I) The remedial costsofanycnvironcmtnal damagecausedProvision

The person responsible for environmental damage caused by a violation must bear the remedial costs. If a developer cannot do the remedial work immediately, the Council may do it and charge the developer, who must pay within a reasonable time.

35. (I) The remedial costsofanycnvironcmtnal damagecaused through the violation or any provision of these RcgulatiorL� or any conditions or requirements made as pan or the approval of any project under these RcgulatioJL�, shall be the responsibility or the person responsible for the violation. (2) If remedial measures cannot be undcnakcn immcidatcly by a developer, the Council shall undenakc the remedial measures and shall charge the cosL� to the developer to pay within a specified reasonable lime. PART X MISCF.IJ.ANF.OUS PROVISIONS Remedial COSIS Fees
Section 35Verify source

Part

PART X

§ 36The Council shall charge the foes set out in the FifihProvision

The Council must charge the fees listed in the Fifth Schedule for reviewing project briefs, environmental impact statements, reports, and access to documents declared public under regulation.

36. The Council shall charge the foes set out in the Fifih Schedule for opcmtional costs in respect of reviewing project briefs, environmental impact statcmcnL�. and report.� and for access to any document declared to be public documcnL� under regulation
Section 36Verify source

Part

Schedule for opcmtional costs in respect of reviewing project

§ 26Section 26Provision

This text appears to be a citation or heading fragment and does not state an operative rule.

26. ,. 21st February, 1997 Statutory Instruments 107
Section 26Verify source
§ 37111c Council may delegate any ofits runcli01Lq under theseProvision

The Council may delegate its functions under these Regulations to the Director, another Council officer, a local authority, or another appropriate agency.

37. 111c Council may delegate any ofits runcli01Lq under these Reguallions to lhc Director or any othcr officer or the Council, a local authority or any other appropriate agency. Dclegllion or runetions
Section 37Verify source
§ 38Where, prior to the commencment orihesc Regulations, anCommencement

If a project was authorised before these Regulations commenced, the developer must carry out the processes required by the Regulations within 12 months of commencement.

38. Where, prior to the commencment orihesc Regulations, an authorising agency authorised any project to which these Regula­ tions apply, the developer shall, within twelve months or the C9fflmcncmerit of these Regulations, be required to undertake the processes prescribed under these Regulations. Pn,jcclS 1111horised prior lo the commen"­ menl 0£ lh= Rcgu11llions FIRST SCHEDULE /R•RIWllion 3 12)) l'Mrn•= Wmcu RF.Ol!IRF. l'Mnmcr BRIEFS
Section 38Verify source
§ 1Urban Deve/op,..,111Provision

This section lists development activities and size thresholds for new townships, industrial estates, recreational areas, and shopping centres/complexes.

1. Urban Deve/op,..,111 ( a) Designation nf new townships which arc more than 5Ha or more or sites covering 70f) dwellings ond above, /b) Es1ahli•hmL"11I or indus1rial CSlale5. (c) Es1ablishmcnl or expan.11,ion of rccrcalional areas such as golf course. which would auracl 200 or murc vehicles. (d) Shoppin� ccn1rcs and complexes-I 0.000m2 and above, Onor mca.
Section 1Verify source
§ 2Tran.�porlalfonProvision

This section lists types of transport and pipeline projects that are subject to the provision, with size and location thresholds.

2. Tran.�porlalfon (a) All major roads outside urban areas. lhc consLruction or new road.c; and major improvement, over 10 km in length or ovcr l km in lcllgth if the rood passes through a muio"nal park or Game MW1ugemcnt Arca. 0 /b) Roilway lines: IO km £mm buih up area. (c) Airport and airfields: nmway 1.800 m or more. /d) Pipelines: for wulcr, diamelcr0.5 m ond ohove ond lenglh !Okmouisidc built up area. for nil 15 km or more or which 5 km or more or lhcir lenglh will be situated in ■ pn>lccled area. n �usly polluted or o water ahsuuclicm area . {e) E.c.tubl�hmen1 or expansion of harhours or pontoon areas.
Section 2Verify source
§ 3Dams, Riw:rs a,ad Water ResourcesProvision

This section lists size thresholds for dams and water-related works, including dams and hytages, groundwater/geothermal extraction, and water-supply reservoirs.

3. Dams, Riw:rs a,ad Water Resources /a) Dams and hWTages: c;ovcring a total 0£25 Ha or more. (b) Exploration for, and useor,gmund wa1errcsourses including production of geothermal energy: w01cr to he c,i,tractcd lo be more than 2 million cwnccs m1/s. (c) Wat.er supply-reservoir surface er�a 50 m2 or more.
Section 3Verify source
§ 4Mining: lnr.lw/i11g Q111Jrrying turd O�n-Ca.,1 ExtractionProvision

This section lists mining and extraction categories, including copper mining, coal, limestone, sand, dolomite, phosphate, clay, precious metals, industrial metals, gemstones, and radioactive metals.

4. Mining: lnr.lw/i11g Q111Jrrying turd O�n-Ca.,1 Extraction /a) Copper mining, coal silo. (b) Lim .. 1onc, •nnd, dolomite, pho,phaie nnd clay cx1rac1inn's nf2Ha or more. (c) Precious mc1al!- (silvers. 7jnc, cohult. nickel). ... , '-- 108 Statutory Instruments 21st February, 1997 \- (di Industrial mclal•. (e) Gemstones, (fJ Rodio:U!liv1.� mclals.
Section 4Verify source
§ 5Fore.rary Relaled ,klivitiL,Provision

This section lists activities or projects including clearance/forestry in sensitive areas, reforestation and afforestation, and wood processing plants at 1,000 tonnes or more.

5. Fore.rary Relaled ,klivitiL, (a) Clearance or forc5lrY in scn.-.ilive areas such as watershed areas or for industrial use 50Ha or more. (b) Reforcslation and alforestalion. (c) Wood processing plants-1,000 tonnes or more.
Section 5Verify source
§ 6ARricultureProvision

This section lists agriculture-related activities and size thresholds, including irrigation schemes of 50 hectares or more and fish farms producing 100 tonnes or more a year.

6. ARriculture (a) Land clearance for large !!Cale agricultore. (b) Introduction and use of •gmchemicals new to 7.ambia. (c) Introduction or new crops and animals espcciolly exotic ones new to Zambia. (d) lnigation schemes covering an area of 50 Ha or more. (e) Fish farms-pmduc1ion of 100 tonnes or more • year, (/) Aerial and 1,'ToW1d spraying-industrial scale.
Section 6Verify source
§ 7P,oceSSUIR and Ma,,,.facturmg lndMSJryProvision

This section lists industrial activities and the production thresholds that apply to them.

7. P,oceSSUIR and Ma,,,.facturmg lndMSJry (a) Cement works and lime proccssing-1,000 tonnes or more a year. (b) Fcrtili1.cr manufacturing or processing-1,000 tonnes or more a year. (<)Tanning and dressing ofhjdc,, and skins-1 ,. (d) Abattoirs-and meat moccssing planL"t--20,000 carcas.c.c.,.. and above a 000 skins • week. month. M Fish processing plant-more than 100 tonnes a year. (/) Pulp and paper mills-daily out put 50 air dried tonnes and above a day, (g) Food processing planL,i;-400 tonnes or more output a year.
Section 7Verify source
§ 8Electrical lnfra.flrw:tureProvision

This section lists what counts as electrical infrastructure, including electricity generation stations, certain transmission lines, and certain surface roads.

8. Electrical lnfra.flrw:ture (a) Electricity gencnuion slnlions. (b) Electrical tran.smission lines-220 kv and more than I km long. (c) Surface roads for electrical and transmission lines for more thDJ1 1 km long.
Section 8Verify source
§ 9Wa.<te Dispo,a/Provision

The text refers to sites for solid disposal and the construction of a permanent disposal site, but the provision is incomplete.

9. Wa.<te Dispo,a/ (a) Sites for rolid di,posal: oomtruction of pennanent disposal site with
Section 9Verify source
§ 1000 tonnes and above ■ dayProvision

Lists capacity thresholds for disposal-related sites and sewage disposal works.

1.000 tonnes and above ■ day. (b) Sites for ha,.ardous disposal 100 tonnes or more a year. (c) Sewage disposal works-with capacity of 15,000 litres or more a day.
Section 1Verify source
§ 10Nal&Jre Comerva1ion AreasProvision

This provision lists conservation-related areas and activities, and a separate schedule of projects that require environmental impact assessment.

10. Nal&Jre Comerva1ion Areas (a) Creation of national parks, game management IIJUS and buffer zones, (b) Commercial exploitation of natural fa1U1a and florL (c) Introduction of alien species of flora and fauna lo local ecosystems. 2 1 st February, 1 997 Statutory Instruments 109 SECOND SCHEDULE (Regulation 7 (2)) PROJECTS WHICH RF.QUIRR ENVIRONMENTAL (MPACT ASSESSMENT 1 1 . Projects (a) Urban area rehabilitation. (b) Water transport. (c) Flood control schemes. (d) Exploration for and production of hydrocarbons including refining and transport. (e) Timber harvesting and wocessing in forestry. (j) Land consolidation schemes. ( g) Mining, and mineral processing, reduction of ores, minerals, cement and lime kilns. (h) Smelting and refining of ores and minerals. (i) Foundries. (j) Brick and earthen manufacture. (k) Glass works. (I) Breweries and malting plants. (m) Plant-. for the manufacture of coal briqueucs. (n) Pumped sLorage schemes. (o) Bulk grain processing plants. (p) Hydro power schemes and electrification. / (q) Chemical processing and manufacturing.
Section 10Verify source
§ 12OthersProvision

This section lists types of projects and locations that may need to be considered in preparing terms of reference.

12. Others (a) Resculcmcnt Schemes. (b) SLoragc of hydrocarbons. (c) Hospit�ls, clinics and health centres. (d) Cemetery designation. (e) Tourism and recreational development in national parks or similar TCSCTV!,!S, (f) Projects located in or near environmental sensitive areas such as­ (i,) indigenous forests: (ii) wetlands; (iii) wnes of high biological diversity; (iv) areac; supporting populations of rare and endangered species; (v) zones prone to erosion or desertification; (vi) areas of historical and archaeological interest; (vii) areas of cultural or rc1igious significance; (viii) areas used extensively for recreation and aesthetic reasons; (ix) area<. prone to flooding and natural hazards; (x) water catchmcnLc; containing major sources for public, indus­ trial or agricultural uses; and I • 1 10 Statutory Instruments 2 1 st February, 1997 (xi) areas of human settlements (particularly those with schools and hospitals). THIRD SCHEDULE (Regulation 8 (.1) ) IssUP.s TO HE COSSIDERF.D IN PREPARINO 11m 'fll.RMS OP REFERF.Nrn The fo11owing impacts and issues may. among others, be considered for inclusion, as approprialc, in the preparation of the terms of reference.
Section 12Verify source
§ 1Ecological contideralion, includingProvision

This provision lists ecological factors to consider, including biodiversity, sustainable use, and ecosystem maintenance.

1 . Ecological contideralion, including (a) Biological diversily (i) Effect un number, deversity, breeding sites etc. of flora and fauna. (ii) Effect on the gene pools of domesticated and wild sustainable yield. (b) Sustainable u,·e including (i) Effccl or soil forlility; (ii) Breeding population,;; of fish and game; and (iii) natural regeneration of woodland and sustainable yield. (c) Ecosystem mainlenance including (i) Effects or proposal on food chains; (ii) Nutrienl cycles; (iii) Aquifer recharge, Water run-off rates etc; (iv) Aerial extent of habiLaL,;;i and (v) Biogeographical processes.
Section 1Verify source
§ 2Social, economic and cullural considerations includingProvision

This provision lists social, economic, and cultural factors to consider, including employment, cohesion or disruption from resettlement, immigration, road changes, and local economic impacts.

2. Social, economic and cullural considerations including: \ (i) Effects on generation or reduction of employment in Lhc area; (ii) Social cohesion or disruption (resettlement); (iii) Immigralion (including induced development when people are at­ tracted to a development site because of possible enhanced economic opportuni Lies); (iv) Communication . roads opened up, closed, re-routed; and • (v) Local economic impacts.
Section 2Verify source
§ 3land ScapeProvision

The provision lists landscape considerations: opened-up or closed views, visual impacts, compatibility with surrounding areas, and amenity effects such as recreation facilities.

3. land Scape (i) Views opened up or closed. (ii) Visual impacts (features, removal of vegetation, etc.). (iii) Compatihility with surrounding areas. (iv) Amenity opened up or closed e.g. recreation facilities.
Section 3Verify source
§ 4Land UseProvision

The provision addresses land use effects in the project area and surrounding areas, and notes the possibility of multiple use.

4. Land Use (i) Effect,;; on land uses and land potential in the project area and in the surroundings areas. (ii) Possibility of multiple use. I i J 2 1 st February. 1997 StatUlory Instruments 111
Section 4Verify source
§ 5WaterCommencement

This provision sets out the steps for preparing an environmental impact study, including appointing a co-ordinator, selecting the team, assessing impacts, consulting affected communities, and submitting the report to the Council.

5. Water (1) Effccls on surface water quality and quantity. (2) Effects un underground water quuli1y and quantity. (3) Eff eel on the now regime the water course. 6, Air Quality (i) EffccLc; on th� quality or the ambient air or the area. (ii) Type and amount of possible emissions (pol1utanl"-) FIFl'H SCHEDULE (Regulalion 9 /3)) Gumm.JNF.S FOR DHVELOPFRS IN CONDUCTTNG ENVIRO!'lo'MEhlAI. IMPACT Assr:SSMRNT SrAan l : PRPJ.IMlNARLY Ac:noNs (1) The description of the project which is dune in the project brief submitted to the Council umler regulation 5. (2) The developer appoints a co-ordinator for thc·cnvironmcntal impact study. The quJlification of the co--ordinator depend un the naLUre of Lhc projccL (3) Together wilh the co-ordinator the developer selects the experts that will comprise t.hc lcam 1ha1 will undcnake the st.udy. Preference should be given to experts with specific k.nowlcdge of local or similar conditions. The team shall include at h!ast one person resident in the potcnLially affected area. (4) The co-ordinator allocates work to the team member of the purpose of carry!ng out the scoping exercise. (5) The team reviews and determines the applicable laws, regulations_ and standards. (6) The developer. the co--orclinator and the team identify the various alterna­ tives for the dcvdc,pment of the project (sitl!S, technology and design). STACil! 2: SCOPING (OR JDENTIHCATION OFlMPACTS) (1 ) The team under the guidance of the co--ordinaLor identifies all the possible environmental impacts of the project. (2) TI1cco-ordin:Hor, the team and the Council determines which of the impacts shall be the subject uf 1hc study based on the following criteria: (a) magnitude, including the impact of the project on environmental resources; (b) extent. including the geographical c,i;tcnt of the impact; (c) signi ficance, including the actual effects of the impact,; on the environ­ / menLal resource; and (d) special sensitivity, including impacts which are significant in the specific local economic, social and CC'ological setting (sec Regula­ tion 8). (3) The developer submits the names and qualifications of all persons to carry out the study to lhc Council for approval. STAGE 3: 8ASE1.r.,m STUDY / The team undertakes a detailed description of the ex isling environment includ­ ing the social and ccunorriic activities or lhe population rc.-.ident in the potentially affected area. 1 12 Statutory l nstruments 2 1 st February, 1 997 STAGH 4: IMPACT EVAl.t!ATION The team predicts and evaluates the various predicted impacl� nnd ranks them in order of imixmancc on the basis of two criteria: (1) Quantitative change where change can be quantified. (2) Qualitative change where change cannot be quantified, but imacad the impact of the project depends on the environmental acceptability of the project. STAOP. 5: Punuc p ARTICIPATI0N IN fa,1v1RONMENTAL IMPACT Sruov (1) The team seeks the view of the communities which are likely to be affected by the pro jccl. (2) The views sought in (1) arc considered in the development of mitigation measures (regulation 1 1 ). S1'AGE 6: IOl!NlTMCATION OF MITIOA110N MEASURES (1) The team idL'Jltifics measures for Lhc elimination (where possible), or reduction, of environmcmal impact for the various alternatives identified in the study such as: (a) engineering works in noise reduction, prior treatment of efnuent air pollution reduction measures and solid wa,;,tc minimisation through reclamation, recycling and any other appropriate measures. (b) management measures e..,;,pccially in the areas of natural resources, reforestation, control of soil erosion. dcsalinisation, dcsilting. (2) The team includes the cost mitigation measures into the impact evaluation. (3) Where necessary the team will create a new alternative based on the mitigation. STAOlt 7: Assr:.SSMBNT (OR COMPARISON OF At.TF.RNA11VF.S (1) The team compares all alternatives on the basis of economic. socio-cultural and environmental gains and cost'-. (2) The team rnnks and recommends the var ious alternatives to the developer on the basis of sound 1.mviromental and economic analysis. STAGE. 8: DECISION MAKINO DY Tl!R OE.VE!.OPER The developer makes a decision choosing one alternative and giving reasons for the rejecting the other alternatives. SrACm 9: StmMISSION OP 111P. RllPORT TO CoUNcn. \ (1 )The team completes the environmental impact statement (see regulations 1 1 and 12.) (2) The developer submiLS the repon 10 the Council. STA0P. 10: 1MPU!MENTA110N OP 111P. PROJP.cl' AND PosT ASSP.SSMF.NT AUDITS (1) If the Council approves the environmental impact statement (under regula­ tion 21) tti'e developer may implement the project. (2) The team shall carry out a post assessment environmental audit between 12-36 months of the commencement of the project (see regulation 28). t .. 21st February, 1997 Statutory Instruments 1 1 3 FIFTH SCHEDULE (Regulation 37) FFI!S Ba,;cd on operational experience and costs, fees shall be determined according to the amount of work, project and service done by the Council such as- (1) review of project briefs (regulation 5) 1 oo,000.00 Kwacha (2) review of environmental impact statcmcnLs (regulation 13) five percent of total cost of implementing the pTOJCCL. (3) search foe for access to information on environmental impact statements (regulation 26) 50,000.00 Kwacha LUSAKA 17th February, 1997 [MENR.64/9/5 ] W. HARRINGTON, Minister of Environment and Natural Resources ..
Section 5Verify source

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