This Act makes provision for integrated environmental management and the protection and conservation of the environment and the sustainable management and use of natural resource and related matters. In Part I its sets out the principles governing environmental management.
The Act consists of 135 section divided into 12 Parts: Preliminary (I); The Zambia Environmental Management Agency (II); Integrated environmental management (III); Environmental protection and pollution control (IV); International matters (V); Environmental Information (VI); Public participation (VII); The Environment Fund (VIII); Enforcement provisions (IX); Reviews and appeals (X); Environmental offences (XI); General provisions (XII). (completed by two Schedules)
The Environmental Council established under the repealed Act shall continue to exist as the Zambia Environmental Management Agency. The Act sets out functions of the Agency and its Board. The Minister shall, within two years of the commencement of this Act, and every five years thereafter, publish a State of the Environment Report and within three years of the commencement of this Act and every ten years thereafter, prepare and publish a National Environmental Action Plan. 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. The Minister may, by Statutory Instrument, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area and declare any wetland to be an ecologically sensitive area. As for protection of biological diversity, the Minister may, among other things, make provisions for in-situ and ex-situ conservation of biological diversity.
Part IV is divided into eight Divisions: Pollution Control (1); Water (2); Air (3); Waste management (4); Pesticides and toxic Substances (5); Noise (6); Ionising radiation (7); Natural Resources Management (8).
The Act also provides with respect to Environmental Impact Assessment of projects.
An Act to continue the existence of the Environmental Council and re-name it as the Zambia Environmental Management Agency; provide for integrated environmental management and the protection and conservation of the environment and the sustainable management and use of natural resources; provide for the preparation of the State of the Environment Report, environmental management strategies and other plans for environmental management and sustainable development; provide for the conduct of strategic environmental assessments of proposed policies, plans and programmes likely to have an impact on environmental management; provide for the prevention and control of pollution and environmental degradation; provide for public participation in environmental decision-making and access to environmental information; establish the Environment Fund; provide for environmental audit and monitoring; facilitate the implementation of international environmental agreements and conventions to which Zambia is a party; repeal and replace the Environmental Protection and Pollution Control Act, 1990; and provide for matters connected with, or incidental to, the foregoing.
Date of text 12 Apr 2011This Act also repeals the Natural Resources Conservation Act.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.