CHAPTER 204 - ENVIRONMENTAL PROTECTION AND POLLUTION CONTROL ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations

ENVIRONMENTAL PROTECTION AND POLLUTION CONTROL (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS

[Sections 6 and 96]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
PROJECT BRIEFS

   3.   Project brief and environmental impact statement

   4.   Preparation of project brief

   5.   Submission of project brief to Council

   6.   Consideration of project brief and decision by Council

PART III
ENVIRONMENTAL IMPACT STATEMENT

   7.   Decision that an environmental impact statement be prepared

   8.   Terms of reference

   9.   Approval of persons preparing environmental impact statement and conduct of environmental impact assessment

   10.   Public consultations

   11.   Contents of environmental impact statement

   12.   Executive summary and signatures

   13.   Transmission of environmental impact statement to neighbouring state and review of comments.

PART IV
REVIEW PROCESS OF ENVIRONMENTAL IMPACT STATEMENT

   14.   Submission of environmental impact statement

   15.   Comments of the agency

   16.   Public consultations

   17.   Decision to hold a public hearing

   18.   Public hearing

   19.   Persons eligible to participate in a public hearing

PART V
DECISION OF THE COUNCIL

   20.   Criteria for Decisions

   21.   Decision of Council and issue of decision letter

   22.   Reasons and conditions decision

   23.   Communication of decision

   24.   Validity of authorisation document

PART VI
ACCESS TO ENVIRONMENTAL IMPACT STATEMENT AND INFORMATION

   25.   Documents to be public

   26.   Protection of proprietary information

PART VII
POST-ASSESSMENT ENVIRONMENTAL AUDITS

   27.   Preparation of an environmental audit

   28.    Role of an inspector

PART VIII
PERIOD OF VALIDITY

   29.   Expiry of authorisation document

   30.   Developer to inform authorising agent of changes

   31.   Need for additional environmental information

   32.   Issue of decision letter

PART IX
PENALTIES

   33.   Offences and penalties

   34.   Remedial costs

PART X
MISCELLANEOUS PROVISIONS

   35.   Fees

   36.   Delegation of functions

   37.   Projects authorised prior to the commencement of these Regulations

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

SI 28 of 1997,

SI 163 of 1998,

SI 23 of 2001,

SI 87 of 2009.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

2. Interpretation

In these Regulations, unless the context otherwise requires–

“authorising agency” means any Government ministry or department, public corporation, local authority or public officer in which, or in whom, any law, regulation or by-law vest 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 3 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 letter issued by the Council stating that a proposed project is not likely to cause unacceptable environmental impacts or that the expected environmental impacts are unacceptable and an authorisation licence, a permit or permission should not be issued;

“developer” means any person who, or entity which, proposes to undertake a new project or to repair or extend existing project which falls within the list of projects provided for in the First Schedule and who, or which, is responsible for obtaining the appropriate authorisation;

“Director” means the Director appointed under section 15 of the Act or any other person who has been authorised by the Director to Act on his behalf;

“environment” has the meaning assigned to it in section 2 of the Act;