ENVIRONMENTAL MANAGEMENT ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Superiority of Act

   4.   Right to clean, safe and healthy environment

   5.   Duty to protect environment

   6.   Principles governing environmental management

PART II
THE ZAMBIA ENVIRONMENTAL MANAGEMENT AGENCY

   7.   Continuation and re-naming of council

   8.   Seal of Agency

   9.   Functions of Agency

   10.   Appropriate authority

   11.   Board of Agency

   12.   Functions of Board

   13.   Director-General, Secretary and other staff

   14.   Inspectors

   15.   Powers of inspectors

   16.   Powers of arrest

   17.   Honorary inspectors

   18.   Appointment of prosecutors

   19.   Immunity of inspectors

PART III
INTEGRATED ENVIRONMENTAL MANAGEMENT

   20.   State of Environment Report

   21.   National Environmental Action Plan

   22.   Environmental management strategies

   23.   Strategic environmental assessment

   24.   Environmentally Protected Areas

   25.   Declaration of area as wetland

   26.   Conservation of biological diversity

   27.   Conservation of biological diversity in-situ

   28.   Conservation of biological diversity ex-situ

   29.   Environmental impact assessment

   30.   Regulations relating to environmental assessments

PART IV
ENVIRONMENTAL PROTECTION AND POLLUTION CONTROL

DIVISION 1
POLLUTION CONTROL

   31.   Protection of atmosphere

   32.   Prohibition of discharges into environment

   33.   Licensing of emission of pollutant or contaminant into environment

   34.   Procedure for application, grant, modification, etc. of emission license

   35.   Reporting of discharge into environment

   36.   Duty to inform Agency of intention to develop

   37.   Duty to submit information to inspectorate

   38.   Integrated pollution prevention and control

   39.   Integrated decision-making process and single permit or license system

   40.   Promotion of cleaner production and sustainable consumption of goods and services

   41.   Environmental emergency preparedness

   42.   Declaration of environmental emergency

   43.   Regulations on pollution control

   44.   Local, regional and global contaminants

DIVISION 2
WATER

   45.   Interpretation

   46.   Prohibition of water pollution

   47.   Permission to discharge effluent into sewerage system

   48.   Responsibilities of Agency

DIVISION 3
AIR

   49.   Interpretation

   50.   Emergency situations

   51.   Controlled areas

   52.   Responsibilities of Agency

DIVISION 4
HASTE MANAGEMENT

   53.   Interpretation

   54.   General prohibition and duty of care

   55.   Waste licenses

   56.   Role of local authorities in waste management

   57.   Designation of waste control areas

   58.   Extended producer responsibility

   59.   Cessation of activity relating to hazardous waste

   60.   Site restoration orders

   61.   Emergency situations

   62.   Responsibilities of Agency

   63.   Regulations relating to waste management

DIVISION 5
PESTICIDES AND TOXIC SUBSTANCES

   64.   Interpretation

   65.   Pesticide and toxic substance license

   66.   Responsibilities of Agency

DIVISION 6
NOISE

   67.   Interpretation

   68.   Prohibition of noise emission exceeding established standards

   69.   Exemption

   70.   Responsibilities of Agency

DIVISION 7
IONISING RADIATION

   71.   Interpretation

   72.   Powers of inspectors relating to ionising radiation

   73.   Responsibilities of Agency

DIVISION 8
NATURAL RESOURCES MANAGEMENT

   74.   Interpretation

   75.   Protection of hills and landscapes

   76.   Promotion of conservation of natural resources

   77.   Prohibition of importation, introduction, etc. of invasive alien species

   78.   Duty of owner or occupier in relation to invasive alien species

   79.   Development of sector plans

   80.   Rehabilitation works

   81.   Powers of inspectors relating to natural resources

   82.   Register

   83.   Responsibilities of Agency

PARI V
INTERNATIONAL MATTERS

   84.   International agreements

   85.   Trans boundary environmental management programmers

PART VI
ENVIRONMENTAL INFORMATION

   86.   Analysis and dissemination of environmental information

   87.   Central Environmental Information System

   88.   Environmental education and awareness

   89.   Environmental research

   90.   Registry of environmental information

PART VII
PUBLIC PARTICIPATION

   91.   Public participation in environmental decision making

   92.   Public review

   93.   Public hearings

   94.   Regulations relating to public participation

PART VIII
THE ENVIRONMENT FUND

   95.   Establishment of Fund

   96.   Administration and management of Fund

   97.   Application of Fund

   98.   Environmental performance bond

   99.   Financial year

   100.   Statement of income and expenditure

PART IX
ENFORCEMENT PROVISIONS

   101.   Environmental audit

   102.   Environmental monitoring

   103.   Prevention order

   104.   Protection order

   105.   Environmental restoration order

   106.   Compliance order

   107.   Cost order

   108.   Orders initiated by public

   109.   Prosecutions initiated by public

   110.   Civil action

   111.   Protection, repair and costs orders

PART X
REVIEWS AND APPEALS

   112.   Right of review

   113.   Review by Board

   114.   Conduct of inquiry

   115.   Review by Minister

   116.   Appeals

PART XI
ENVIRONMENTAL OFFENCES

   117.   Offences relating to environmental impact assessment

   118.   Offences relating to returns and records

   119.   Offences relating to environmental standards

   120.   Offences relating to biological diversity

   121.   Offences relating to hazardous waste materials, chemicals and radio-active substances

   122.   Offences relating to pesticides and toxic substance

   123.   Offences relating to protected areas

PART XII
GENERAL PROVISIONS

   124.   Confidentiality

   125.   General penalty

   126.   Offence by body corporate or unincorporate body

   127.   Presumptions

   128.   Civil damages

   129.   Forfeiture on conviction

   130.   Disposal of matter, article, vehicle, aircraft or boat

   131.   Power to make orders on process in premises, plant and machinery

   132.   Summary imposition of penalties

   133.   Protected disclosure

   134.   Regulations

   135.   Repeal of Cap. 204 and Cap. 156 of old edition of laws

      FIRST SCHEDULE

      SECOND SCHEDULE

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.

[15th April, 2011]

Act 12 of 2011,

Act 10 of 2013.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Environmental Management Act.

2.   Interpretation

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 7;

“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;

      (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 Citisens 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 7;

“Chairperson” means the person appointed as Chairperson of the Board under section 11;

“committee” means a committee constituted by the Board under paragraph 2 of the First Schedule;

“compliance order” means an order issued under section 106;

“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;

“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 107;

“council” means the Environmental Council established 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 13;

“Director of Public Prosecutions” means the person appointed 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 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 105;

“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 recycling 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;

ex-situ conservation” means conservation outside the natural ecosystem and habitat of the biological organism;

“Fund” means the Environment Fund established under section 95;

“genetic resources” means genetic material of actual or potential value;

“honorary inspector” means any person appointed as such under section 17;

in-xitu conservation” means conservation within the natural ecosystem and habitat of the biological organisms;

“inspector” means a person appointed as such under section 14;

“inspectoiate” means the inspectorate established under section 14;

“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 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 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 103;

“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 104;

“public body” means (he 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 Pollution Control Act;

“Secretary” means the person appointed as such under section 13;

“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;

“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 60.

“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 11;

“wuste” 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, peat land 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.

3.   Superiority of 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.

4.   Right to clean, safe and healthy environment

   (1) Subject to the Constitution, every person living in Zambia has the right to a clean, safe and healthy environment.

   (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 sub-section (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 sub-section (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;

      (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 6.

5.   Duty to protect environment

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.

6.   Principles governing environmental management

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;

      (b)   adverse effects shall be prevented and minimised 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 citisen shall have access to environmental information to enable the citisen make informed personal choices 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 reused, 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

7.   Continuation and renaming of council

   (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.

8.   Seal of Agency

   (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.

9.   Functions of Agency

   (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 sub-section (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 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 arc necessary or conducive to the better performance of its functions under this Act.

10.   Appropriate authority

   (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.

11.   Board of Agency

   (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—

      (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.

   (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 citisen 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.

   (7) The provisions of the First Schedule apply to the Board.

12.   Functions of Board

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;

      (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.

13.   Director-General, Secretary and other staff

   (1) The Board shall appoint a Director-General on such 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 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.

14.   Inspectors

   (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 flick 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 sub-section (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.

15.   Powers of inspectors

   (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 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, license, 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)   seise any output from the computer for examination and copying; and

      (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 seise 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 w ho removes any document, matter, material, substance or article from any industrial facility or plant, undertaking, business or premises under paragraph (g) of sub-section (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

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