MALAWI

__________________________________________________

The Malawi Gazette Supplement, dated 16th August, 1996, containing

Acts (No.7c)

(Published 16th August, 1996)

ACT

No. 23 of 1996

I assent

Bakili Muluzi
President
5th August, 1996

ARRANGEMENT OF SECTIONS

Section

PART I - PRELIMINARY

1. Short title and commencement

2. Interpretation

PART II - GENERAL PRINCIPLES

3. National environmental policy

4. Natural and genetic resources
5. Right to a decent environment
6. Role of lead agencies
7. Inconsistent provisions in other written laws

PART III - ADMINISTRATION

8. Duties and powers of the Minister

9. Appointment of Director of Environmental Affairs
10. Establishment and composition of the National Council for the Environment
11. Tenure of office and vacancies
12. Functions of the Council
13. Proceedings of the Council
14. Disclosure of interest
15. Allowances of members of the Council
16. Technical Committee on the Environment
17. Functions of the Technical Committee
18. Proceedings of the Technical Committee
19. Functions of District Development Committees
20. District Environmental Officer

PART IV - ENVIRONMENTAL PLANNING

21. Environmental planning at national level

22. Purposes and contents of action plan
23. Planning at district level

PART V - ENVIRONMENTAL IMPACT ASSESSMENT, AUDITS AND MONITORING

24. Projects for which an environmental impact assessment is required

25. Environmental impact assessment reports
26. Review of environmental impact assessment reports
27. Environmental audits
28. Monitoring existing projects
29. Fees

PART VI - ENVIRONMENTAL QUALITY STANDARDS

30. Power to prescribe environmental quality standards

PART VII - ENVIRONMENTAL MANAGEMENT

31. Environmental incentives

32. Environmental protection areas
33. Environmental protection orders
34. Enforcement of environmental protection orders
35. Conservation of biological diversity
36. Access to genetic resources
37. Waste management
38. Licences for waste
39. Importation, exportation and transportation of waste
40. Classification of pesticides and hazardous substances
41. Protection of the ozone layer

PART VIII - POLLUTION CONTROL

42. Discharge of pollutants

43. Licence to discharge effluent, etc.
44. Prohibition of pollution

PART IX - INSPECTION, ANALYSIS AND RECORDS

45. Environmental inspectors

46. Powers of inspectors
47. Procedure for taking samples
48. Establishment or designation of analytical laboratories
49. Appointment of analysts
50. Certificate of analysis, etc.
51. Keeping of records
52. Public access to information and prohibition of disclosure

PART X - ENVIRONMENTAL FUND

53. Establishment of Environmental Fund

54. Vesting of Fund in the Minister
55. Advances to the Fund
56. Objects of the Fund
57. Application of the fund
58. Books and other records of account, audit and reports of the Fund
59. Holdings of the Fund
60. Financial year

PART XI - OFFENCES

61. General offences

62. Hindering, obstructing, etc., of inspectors
63. Offences relating to environmental impact assessments
64. Offences relating to records
65. Offences relating to environmental standards and guidelines
66. Offences relating to hazardous materials, processes and wastes
67. Offences relating to pollution

PART XII - LEGAL PROCEEDINGS

68. Immunity of officials

69. Establishment of Environmental Appeals Tribunal
70. Composition of Tribunal
71. Failure to attend
72. Representation of parties
73. Enforcement orders
74. Costs
75. Liability of bodies corporate, etc.

PART XIII - MISCELLANEOUS PROVISIONS

76. Closure of premises

77. Regulations
An act to make provision for the protection and management of the environment and the
conservation and sustainable utilization of natural resources and for matters
connected herewith and incidental thereto

ENACTED by the Parliament of Malawi as follows -

PART I - PRELIMINARY

1. - This Act may be cited as the Environment Management Act, 1996, and shall Short title
come into force on such date as the Minister may, by notice published in the and
Gazette, appoint and the Minister may appoint different dates for the coming into commence
force of different parts of this Act. ment

Interpretation 2. In this Act unless the context otherwise requires -

"ambient air" means the atmosphere surrounding the earth but does not
include the atmosphere within a structure or within any underground
space;
"analysis" means the examination of any matter, substance or process
for the purpose of determining its composition or quality or its effect
(where physical, chemical or biological) on any segment of the
environment;
"analyst" means an analyst appointed under section 49;
"biological diversity"means the variability among living organisms
from all sources including, inter alia, terrestrial, marine and other
aquatic ecological systems and the ecological complexes of which they
are part, and includes diversity within or between species and of
ecosystems;
"conservation" means the preservation of the natural resources and
their protection from misuse, fire or waste;
"Council" means the National Council for the Environment established
under section 10(1);
"dangerous" means harmful or dangerous to public health, plant or
animal life or to the environment and "danger"shall be construed
accordingly;
"developer" means any person who has proposed or has undertaken to
implement a project;
"Director" means the Director of Environmental Affairs appointed
under section 9(1);
"District Development Committee" means the District Development
Committee established in every district to initiate, monitor and co-
ordinate development policies and activities in that district;
"effluent" means waste water or other fluid originating from a
domestic or an agricultural or industrial activity, whether treated or
untreated and whether discharged directly or indirectly into the
environment;
"environment" means the physical factors of the surroundings of the
human being including land, water, atmosphere, climate, sound, odor,
taste, and the biological factors of fauna and flora, and includes the
cultural, social and economic aspects of human activity, the natural and
the built environment;
"environmental audit" means the systematic documentation and
periodic and objective evaluation of the protection and management of
the environment and the conservation and sustainable utilization of
natural resources;
"environmental impact assessment" means a systematic evaluation of a
project to determine its impact on
the environment and the conservation of natural resources;
"environmental impact assessment report" means the environmental
impact assessment report required under section 25 (1);
"environmental monitoring" means the continuous or periodic
assessment of the actual and potential impact of any activity on the
environment;
"environmental planning" means planning that takes into account
environmental issues;
"ex-situ" means conservation outside the natural habitat of a biological
organism;
"genetic resource" means any genetic material of actual or potential
value;
"hazardous substance" means any chemical, waste, gas or gaseous
matter, medicines, drugs, plant, animal or micro-organism which is
injurious to human health or the environment;
"hazardous waste" means waste which is poisonous, corrosive, noxious,
explosive, inflammable, radioactive, toxic or harmful to the environment;
"in-situ" means conservation within the natural ecological system and
habitat of a biological organism;
"inspector" means an environmental inspector designated under section
45(1);
"lead agency" means any public office or organization including every
Ministry or Government department which is conferred by any written
law with powers and functions for the protection and management of any
segment of the environment and the conservation and sustainable
utilization of natural resources of Malawi;
"licensing authority" means any person on whom is conferred power
under any written law to issue licenses in respect of any thing or activity
required under that written law to be done or carried out otherwise than in
accordance with a licence;
"National Environmental Action Plan" means the national
environmental action plan launched by the Government in December,
1994 outlining environmental strategies, measures and programmes
necessary for promoting the protection and management of the
environment and the conservation and sustainable utilization of natural
resources;
"natural resources" means the natural resources of Malawi wherever
located;
"occupier" means a person in occupation or control of any premises,
and, in relation to premises different parts of which are occupied by
different persons, means the person in occupatio
are occupied by different persons, means the person in occupation or control of each such
different part;
"oil" includes -

(a) crude oil, diesel oil, fuel oil, lubricating oil, petrol and paraffin, and any other petroleum
product capable of causing pollution whether in a solid or liquid form; and
(b) any other substance which may be prescribed by the Minister, by notice published in the
Gazette, to be oil for the purposes of this Act;

"owner", in relation to any premises, means -

(a) the registered owner of the premises in question;
(b) the lessee or sublessee of the premises in question;
(c) the agent, attorney or the personal representative of the owner of the premises;
(d) the person in actual possession of the premises or entitled to receive the rent of the premises,
whether on his own account or as agent or trustee of any other person or as receiver;
(e) in relation to any vessel, includes the charterer, pilot or other person in actual control of the
vessel, whether or not the vessel is registered in or outside Malawi;
"ozone layer" means the ozone layer as defined in the Vienna Convention for the protection of
the Ozone Layer, 1985;
"Pollutant" means any substance whether in a liquid, solid or gaseous form which directly or
indirectly -
(a) adversely alters or destroys the quality of the environment; or
(b) is dangerous or potentially dangerous to public health, plant or animal life,
and includes objectionable odors, radioactive substances or particles, noise, vibration, or any
substance or particle that causes temperature change or physical, chemical or biological change to
the environment;
"pollution" means any direct or indirect alteration of the physical, thermal, chemical, biological,
or radioactive properties of the environment caused by the discharge, emission or deposit of waste
or a pollutant into the environment in such amounts and for such duration and under such
conditions as to cause an actual or potential danger to the environment;
"premises" includes any land, whether covered by buildings or not, any place underground and
any land covered by water and hereditament of any tenure
and description;
"project" means a development activity or proposal which has or is
likely to have an impact on the environment;
"project brief" means the project brief required under section 24(2);
"proprietary information" means any proprietary information
protected by law or by any international treaty or convention to which
Malawi is a party;
"Public Appointments Committee" means the Public Appointments
Committee established under Section 56(7) of the Constitution;
"Segment" in relation to the environment, means any portion or part
of the environment expressed in terms of volume, space, area, quantity,
quality or time or any combination thereof;
"sustainable utilization" means the use or exploitation of natural
resources which guards against the extinction, depletion or degradation
of any natural resource of Malawi and permits the replenishment of
natural resources by natural means or otherwise;
"Technical Committee" means the Technical Committee on the
Environment established under section 16;
"Tribunal" means the Environmental Appeals Tribunal established
under section 69;
"vehicle" has the meaning ascribed to it in the Road Traffic Act;
"vessel" includes a ship, boat, floating structure or aircraft;
"waste" includes domestic, commercial or industrial waste whether
in a liquid, solid, gaseous or radioactive form which is discharged,
emitted or deposited into the environment in such volume, composition Cap.69.01
or manner as to cause pollution;
"water" includes surface and underground water, drinking water and
water in a river, stream, watercourse, public reservoir, well, dam,
canal, channel, lake, swamp or open drain and water in a gaseous or
solid form.

PART II - GENERAL PRINCIPLES

3. - (1) It shall be the duty of every person to take all necessary and
appropriate measures to protect and manage the environment and to
conserve natural resources and to promote sustainable utilization of
natural resources in accordance with this Act and any other written
law lawandementf o mlaang protection relatingthe to

National
environ
mental
policy
relating to the protection and management of the environment or the conservation
and sustainable utilization of natural resources.

(2) Without prejudice to the generality of subsection (1), every person required
under any written law to exercise power or perform functions relating to the
protection and management of the environment or the conservation and the
sustainable utilization of natural resources shall take such steps and measures as
are necessary for -

(a) promoting a clean environment in Malawi;

(b) ensuring the sustainable utilization of the natural resources of Malawi;
(c) facilitating the restoration, maintenance and enhancement of the ecological
systems and ecological processes essential for the function of the biosphere, and
the preservation of biological diversity;
(d) promoting public awareness and participation in the formulation and
implementation of environmental and conservation policies of the Government;
(e) promoting co-operation with foreign governments and international or
regional organizations in the protection of the environment and the conservation
and sustainable utilization of natural resources;
(f) promoting scientific research, technological development and training
relating to the protection and management of the environment or the conservation
and sustainable utilization of natural resources.

4. The natural and genetic resources of Malawi shall constitute an integral part of
the natural wealth of the people of Malawi and -
(a) shall be protected, conserved and managed for the benefit of the people of
Malawi; and
Natural and (b) save for domestic purposes, shall not be exploited or utilized without the
genetic prior written authority of the Government.
resources
5. - (1) Every person shall have a right to a clean and healthy environment.
(2) For purposes of enforcing the right referred to in subsection (1), any
person may bring an action in the High Court -

(a) to prevent or stop any act or omission which is deleterious or injurious to

any segment of the environment or likely to accelerate unsustainable depletion of
Right to a decent natural resources.
environment

(b) to procure any public officer to take measures to prevent or stop any act or
omission which is deleterious or injurious to any segment of the environment for
which the public officer is responsible under any written law;
(c) to require that any on-going project or other activity be subjected to an
environmental audit in accordance with this Act.

(3) Any person who has reason to believe that his or her right to a clean or healthy
environment has been violated by any person may, instead of proceeding under
subsection (2), file a written complaint to the Minister outlining the nature of his or
her complaint and particulars, and the minister shall, within thirty days from the date
of the complaint, institute an investigation into the activity or matter complained
about and shall give a written response to the complainant indicating what action the
Minister has taken or shall take to restore the claimant's right to a clean and healthy
environment, including instructing the Attorney General to take such legal action on
behalf of the Government as the Attorney General may deem appropriate.

(4) Subsection (3) shall not be construed as limiting the right of the complainant to
commence an action under subsection (2);

Provided that an action shall not be commenced before the Minister has responded
in writing to the complainant or where the Attorney General has commenced an
action in court against any person on the basis of a complaint made to the Minister.

(5) Nothing in this Act shall be construed as divesting any lead agency of the
powers, functions, duties or responsibilities conferred or imposed on it by any written
law relating to the protection and management of the environment and the
conservation and sustainable utilization of natural resources or limiting such powers,
functions, duties or responsibilities.
Role of lead
(6) Where a written law on the protection and management of the environment or agencies
the conservation and sustainable utilization of natural resources is inconsistent with
any provision of this Act, that written law shall be invalid to the extent of the
inconsistency.
Inconsistent
provisions in
other written
laws

PART III - ADMINISTRATION

Duties and 7. - (1) It shall be the duty of the Minister to promote the protection and
powers of the management of the environment and the conservation and sustainable utilization
Minister of natural resources, and the Minister shall, in consultation with lead agencies,
take such measures as are necessary for achieving the objects of this Act.

(2) Without prejudice to the generality of the foregoing, the Minister shall -

(a) formulate and implement policies for the protection and management of
the environment and the conservation and sustainable utilization of natural
resources;
(b) co-ordinate and monitor all activities concerning the protection and
management of the environment and the conservation and sustainable utilization
of natural resources;

(c) prepare plans and develop strategies for the protection and management of
the environment and the conservation and sustainable utilization of natural
resources, and facilitate cooperation between the government, local authorities,
private sector and the public in the protection and management of the
environment and the conservation and sustainable utilization of natural
resources;
(d) initiate, facilitate or commission research and studies on any aspect of the
protection and management of the environment and the conservation and
sustainable utilization of natural resources;
(e) prepare and lay before the National Assembly at least once in every year a
report on the state of the environment;
(f) co-ordinate the promotion of public awareness on the protection and
management of the environment and the conservation and sustainable utilization
of natural resources;
(g) monitor trends in the utilization of natural resources and the impact of
such utilization on any segment of the environment;
(h) receive and investigate any complaint by any person relating to the
protection and management of the environment and the sustainable utilization of
natural resources;
(i) recommend to the Government, on the advice of the council, international
or regional treaties, conventions or agreements relating to the protection and
management of the environment and the conservation and sustainable utilization
of natural resources to which Malawi should become party;

(j) promote international and regional cooperation in the protection and

management of the environment and the conservation and sustainable utilization
of natural resources shared between Malawi and other countries;

(k) on the recommendation of the Council, prescribe, by notice published in the

Gazette, projects or classes or types of projects, for which environmental impact
assessment is necessary under this Act;
(l) on the recommendations of the Council, prescribe, by notice published in the
Gazette, environmental quality criteria and standards necessary for the
maintenance of essential ecological processes and a healthy environment;

(m) carry out such other activities and take such other measures as may be
necessary or expedient for the administration and achievement of the objects of
this Act.

(3) In discharging his duties under this section, the Minister shall, were
appropriate, consult the Minister responsible for any segment of the environment.

8. - (1) There shall be appointed in the public service a Director of

Environmental Affairs (in this Act otherwise referred to as the "Director") and
such other suitably qualified public officers as may be required for the proper
administration of this Act. Appointment of
Director of
(2) The Director shall - Environmental
Affairs
(a) carry out the duties and functions provided under this Act and such other
duties as the Minister may, from time to time, assign to him;
(b) be responsible to the Minister for the proper discharge of his functions
under this Act and for the implementation of such policies relating to the
protection and management of the environment and the conservation and
sustainable utilization of natural resources as the Minister may determine;
(c) furnish the Council with such information or documents as the Council may
require and, from time to time, report to the council the status of the environment
and natural resources;

9. - (1) There is hereby established a council to be known as the National

Council for the Environment (in this Act otherwise referred to as the "Council")
which shall consist of -

Establishment
and
composition of
the National
Council for the
Environment

(a) the Chairman of the council who shall be appointed by the

President on the recommendation of the Minister;

(b) the Secretary to the President and Cabinet, or his representative;

(c) all Principal Secretaries of Ministries, or their representatives;
(d) the General Manager of the Malawi Bureau of Standards, or his
representative;
(e) the General Manager of the National Herbarium and Botanical
Gardens of Malawi, or his representative;
(f) one member nominated by the Malawi Chamber of Commerce and
Industry representing the industrial sector and appointed by the
Minister;
(g) one member nominated by and representing non-governmental
organizations concerned with the protection and management of the
environment and the conservation of natural resources and appointed by
the Minister;
(h) one representative of the University of Malawi appointed by the
Minister;
(i) one member nominated by and representing the National
Commission for Women in Development and appointed by the Minister.

(2) The vice-Chairman of the Council shall be appointed by the

Minister from amongst the members of the council who are not public
officers.

(3) The Director shall the be Secretary to the Council.

10. - (1) The Chairman, Vice-Chairman and the members of the

Council referred to in section 10(2)(f) to (i) shall hold office for three
years and shall be eligible for reappointment.
Tenure of office and
vacancies (2) The Chairman, Vice-Chairman and any member referred to in
section 10(2)(f) to (i) shall cease to be a member of the Council -

(a) if he or she resigns as a member of the Council

(b) if he or she ceases to be a member or employee of the organization
that nominated him or her for appointment as a member of the Council;
(c) if, upon conviction of any offence, he or she is sentenced to a term
of imprisonment exceeding six months without the option of a fine.

(d) if he or she is of unsound mind; and

(e) in circumstances where the member is compromised to such an extent that his
or her ability to impartially exercise the duties of his or her office is seriously in
question.
Functions of 11. - The Council shall -
the Council
(a) advise the minister on all matters and issues affecting the protection and
management of the environment and the conservation and sustainable
utilization of natural resources;

(b) recommend to the minister measures necessary for the integration of

environmental considerations in all aspects of economic planning and
development;

(c) recommend to the Minister measures necessary for the harmonization of

activities, plans and policies of lead agencies and non-governmental
organizations concerned with the protection and management of the
environment and the conservation and sustainable utilization of natural
resources.

12. - (1) Save as is provided in this section, the Council shall regulate its own
procedure.

Proceedings (2) The Council shall hold at least four ordinary meetings in a year, and
of the such number of extraordinary meetings as may be necessary, at such
Council place or places and at such time or times, as the Chairman may
determine.

(3) The Chairman shall convene an extraordinary meeting on his own

motion or at the request of one third of the members of the Council
within such reasonable period as the Chairman shall deem
appropriate.

(4) Half of the members shall form a quorum at a meeting of the

Council.

(5) The Chairman, or in his absence the vice-Chairman, shall preside at

any meeting of the council and, in the absence of both the Chairman
and the vice-Chairman, the members present shall elect amongst
their number a chairman to preside at the meeting of the council.

(6) A decision of the Council on any question shall be by a majority of

the members present and voting at the meeting
and, in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to his or her
deliberative vote.

(7) The Council may invite any person whose presence is in its opinion
desirable to attend and participate in the deliberations of the Council
but that person shall have not right to vote.

(8) The Council shall cause to be kept minutes of the proceedings of

every meeting of the Council and of every meeting of any committee
constituted by the Council.
13. - (1) If any person is present at a meeting of the Council or a committee of
Disclosure the Council at which any matter in which that person or his spouse is
of interest directly or indirectly interested in a private capacity is the subject of
consideration he shall, as soon as practicable after the
commencement of the meeting, disclose that interest and shall not,
unless the Council or committee otherwise directs, take part in any
consideration or discussion of, or vote on , any question touching
that matter.

(2) A disclosure of interest made under this section shall be recorded in

the minutes of the meeting at which it is made.

14. A member of the council or committee shall be paid such allowance as the
Minister may determine.

Allowances
of members 15. - (1) There is hereby established a committee to be known as the
of the Technical Committee on the Environment (in this Act otherwise
Council referred to as the "Technical Committee") which shall consist of not
less than ten members and not more than twenty members each of
Technical whom shall have sufficient knowledge and training in the protection
Committee and management of the environment and the conservation and
on the sustainable utilization of natural resources.
Environment
(2) The members of the Technical Committee shall be appointed by the
Minister on the recommendation of the Council and shall serve in a
personal capacity for such period, and shall be paid such allowances
and remuneration, as the Minister may determine.

(3) A member of the Technical Committee may, by written notice to the

Minister, at any time resign his position.

Functions of 16. The Technical Committee shall -

the
Technical (a) examine any scientific issue which may be referred to it by the
Committee Minister, the Council, the Director or any lead agency relating to the
protection and management of the environment and sustainable
utilization of natural resources and shall recommend to the Minister,
the council or lead agency, as the case may be, such action as is
necessary for achieving the purposes of this Act;

(b) carry out investigations and conduct studies into the scientific, social
and economic aspects of any activity, occurrence, product or
substance which may be referred to the Minister, the council, the
Director or any lead agency and shall, at the completion of the
investigation or study, recommend to the Minister, the Council or
lead agency, as the case may be, such action as is necessary for
achieving the objectives of this Act;
(c) recommend to the Council the criteria, standards and guidelines for
environmental control and regulation, including the form and content
of environmental impact assessment.

18. - (1) The Technical Committee shall adopt its own rules of procedure and
every meeting of the committee shall be presided over by a
Chairman elected by the members from amongst their number, and
the Director shall be the Secretary to the Committee.
Proceedings
of the (2) The Technical Committee may, where it deems it necessary, invite
Technical any person to attend and participate in the meetings of the
Committee Committee provided that such a person shall not have a right to vote
at such a meeting.

19. A District Development Committee shall, in addition to its existing role -

(a) under the supervision of the District Environmental Officer, prepare

every five years, a district environmental action plan;

Functions of
District
Developmen
t
Committees
(b) co-ordinate the activities of lead agencies and non-governmental
organizations in the protection and management of the environment
and conservation and sustainable utilization of natural resources in
the district;

(c) promote and disseminate information relating to the environment

through public awareness programmes and prepare reports on the
state of the environment in the district every two years at least two
months before the end of each second calendar year.

20. - (1) There shall be appointed for each district a District Environmental
District Officer who shall be a public officer.
Environmen
tal Officer (2) The District Environmental Officer shall be a member of the District
Development Committee and shall -

(a) advise the District Development Committee on all matters relating to

the environment and in the performance of its functions under
section 19;

(b) report to the Director on all matters relating to the protection and
management of the environment and conservation and sustainable
utilization of natural resources;

(c) submit such reports to the Director as the Director may require;

(d) promote environmental awareness in the district on the protection

and management of the environment and the conservation of natural
resources;

(e) gather and manage information on the environment and the

utilization of natural resources in the district; and

(f) perform such other functions as the Director may, from time to time,
assign to him.

PART IV - ENVIRONMENTAL PLANNING

Environ
mental 21. The Minister shall lay before the National Assembly a copy of the National
planning at Environmental Action Plan for approval at its next meeting after the
national commencement of this Act and the Minister shall thereafter review it every
level five years subject to approval by the National Assembly.

22. The purpose of the National Environmental Action Plan shall be to promote
and facilitate the integration of strategies and measures for the protection and
Purposes management of the environment into plans and programmes for the social
and contents and economic development of Malawi.
of action
plan 23. - (1) The district environmental action plan prepared under section 19(a)
shall -

(a) be in conformity with the National Environmental Action Plan;

Planning at (b) identify environmental problems in the district in question;
district level
(c) be approved by the minister on the recommendation of the Council
and

(d) be disseminated to the public by the District Development

Committee.

(2) No person shall implement a development activity or project in any

district otherwise than in accordance with the district environment
action plan for the district in question.

PART V - ENVIRONMENTAL IMPACT ASSESSMENT AUDIT

AND MONITORING

24. - (1) The Minister may, on the recommendation of the Council specify, by
notice published in the Gazette, the types and sizes of projects which
shall not be implemented unless an environmental impact assessment
is carried out.

(2) A developer shall, before implementing any project for which an

environmental impact assessment is required under subsection (1) ,
submit to the Director, a project brief stating in a concise manner -
Projects for
which an
environmen
tal impact
assessment
is required
(a) the description of the project;

(b) the activities that shall be undertaken in the implementation of the

project;

(c) the likely impact of those activities on the environment;

(d) the number of people to be employed for purposes of implementing

the project;

(e) the segment or segments of the environment likely to be affected in

the implementation of the project;

(f) such other matters as the Director may in writing require from the
developer or any other person who the Director reasonably believes
has information relating to the project.

(3) Where, upon examining the project brief, the Director considers that further
information is required to be stated in the project brief before an
environmental impact assessment is conducted, the Director shall require the
developer, in writing, to provide such further information as the Director
shall deem necessary.

Environment 25. - (1) Where the Director considers that sufficient information has been
al impact stated in the project brief under section 24, the Director shall require
assessment the developer, in writing, to conduct, in accordance with such
reports guidelines as the minister may, by notice published in the Gazette
prescribe, an environmental impact assessment and to submit to the
Director, in respect of such assessment, an environmental impact
assessment report giving -

(a) a detailed description of the project and the activities to be

undertaken to implement the project;

(b) the description of the segment or segments of the environment likely

to be affected by the project and the means for identifying,
monitoring and assessing the environmental effects of the project;

(c) the description of the technology, method or process to be used in

the implementation of the project and of
any available alternative technology,
method or process, and the reasons for not
employing the alternative technology,
method or process;

(d) the reasons for selecting the proposed site of the project as opposed
to any other available alternative site;

(e) a detailed description of the likely impact the project may have on
the environment and the direct, indirect, cumulative, short-term and
long-term effects on the environment of the project;

(f) an identification and description of measures proposed for

eliminating, reducing or mitigating any anticipated adverse effects of
the project on the environment;

(g) an indication of whether the environment of any other country or of

areas beyond the limits of national jurisdiction is or are likely to be
affected by the project and the measures to be taken to minimize any
damage to the environment;

(h) an outline of any gaps, deficiencies and the adverse environmental

concerns arising from the environmental impact assessment and from
the compilation of the environmental impact assessment report;

(i) a concise description of the method used by the developer to compile

the information required under this section.

(3) The environmental impact assessment report shall be open for public
inspection provided that no person shall be entitled to use any
information contained therein for personal benefit except for
purposes of civil proceedings brought under this Act or under any
written law relating to the protection and management of the
environment or the conservation or sustainable utilization of natural
resources.

26. - (1) Upon receiving the environmental impact assessment report, the
Director shall invite written or oral comments from the public
thereon, and where necessary may -

Review of (a) conduct public hearings at such place or places as the Director deems
Environment necessary for purposes of assessing public opinion thereon;
al impact
assessment (b) require the developer to redesign the project or to do such other thing
reports as the Director considers desirable taking ac
into account all the relevant environmental concerns highlighted in
the environmental impact assessment report, any comments made by
the public and the need to achieve the objectives of this Act;

(c) require the developer to conduct a further environmental impact

assessment of the whole project or such part or parts of the project as
the Director may deem necessary, or to revise the information
compiled in the environmental impact assessment report;

(d) recommend to the Minister to approve the project subject to such

conditions as the Director may recommend to the Minister.

(2) In considering whether or not to recommend to the Minister the

approval of any project or of any condition, the Director shall take
into account any likely impact of the project on the environment and
the actual impact of any existing similar project on the environment.

(3) A licensing authority shall not issues any licence under any written
law with respect to a project for which an environmental impact
assessment is required under this Act unless the Director has
certified in writing that the project has been approved by the
Minister under this Act or that an environmental impact assessment
is not required under this Act.

27. - (1) The Director shall, in consultation with such lead agency as he may
consider appropriate, carry out or cause to be carried out periodic
environmental audits of any project for purposes of enforcing the
provisions of this Act.

Environmen (2) For purposes of subsection (1), the Director may require a developer
tal audits to keep such records and submit to the Director such reports as the
Director may deem necessary.

(3) A developer shall take all reasonable measures for mitigating any
undesirable effects on the environment arising from the
implementation of a project which could not reasonably be foreseen
in the process of conducting an environmental impact assessment
and shall, within a reasonable time, report to the Director such
effects meas
and measures.

Monitoring 28. - The Director shall take such measures as are necessary for ensuring that the
existing implementation of any project commenced before the coming into force of
projects this Act complies with the provisions of this Act.

29. The Minister may, by notice published in the Gazette, prescribe such fees as
may be necessary for covering reasonable costs for scrutinizing
Fees environmental impact assessment reports and for the subsequent monitoring
of a project which has been approved for implementation under this Act.
PART VI - ENVIRONMENTAL QUALITY STANDARDS

30.- (1) The Minister may, on the advice of the council, prescribe
environmental quality standards generally and, in particular, for air,
water, soil, noise, vibrations, radiation, effluent and solid waste.
Power to
prescribe (2) The prescription of the environmental quality standards under
environment subsection (1) shall be based on scientific and environmental
al quality principles and shall take into account the practicability and
standards availability of appropriate technology for ensuring compliance with
such standards.

(3) The Minister may prescribe different environmental quality

standards to apply in different areas of Malawi with respect to
different segments of the environment and the Minister may, from
time to time, vary such standards.

PART VII - ENVIRONMENTAL MANAGEMENT

31. The Minister, on the recommendation of the council and in consultation with
the Minister of Finance, shall determine -

(a) such fiscal incentives as are necessary for promoting the protection
and management of the environment and the conservation and
Environmen sustainable utilization of natural resources; and
tal
incentives (b) such measures as are necessary for preventing the unsustainable use
of natural resources and controlling the generation of pollutants.

Environment 32. - (1) The Minister may, on the recommendation of the Council, declare
al protection any area of Malawi, other than an area declared to be a wild reserve,
areas forest reserve, game reserve, national park or monument under any
written law, to be an environmental protection area.

(2) In determining whether or not to declare any area an environmental

protection area, the Minister shall have regard to -

(a) representations made by any person who has sufficient interest in the
area;

(b) the natural features and beauty of the area;

(c) the flora and fauna of the area;

(d) the unique or special geological, physiographical, ecological or

historical and cultural features of the area;

(e) any special scientific feature or biological diversity of or existing in

the area;
(f) the proneness of the area to any hazards against which the area
requires protection;

(g) the interests of the local communities in or around the area;

(h) the need for the government to comply with any international
obligation under any treaty, convention or an agreement to which
Malawi is party;

(3) The Director shall, in consultation with relevant lead agencies,

prepare an environmental protection plan for the protection and
management of every environmental protection area, and the
environmental protection plan shall -

(a) set out policies for the protection and management of the
environmental protection area; and

(b) provide for the development of social amenities and facilities for
carrying out scientific research in the environmental protection area.

Environmen 33. - (1) The Director shall have power to issue environmental protection
tal orders against any person whose acts or omissions have or are likely
protection to have adverse effects on the protection and management of the
orders environment and the conservation and sustainable utilization of
natural resources, and the environmental protection orders shall be in
the prescribed form and, if no such form is prescribed, in such form
as the Director may determine.

(2) Notwithstanding the provisions of any other law to the contrary, the
environmental protection order may require the person against whom
it is made to -

(a) take such measures as are necessary for the restoration of any land
degraded by reason of the activities of the person against whom the
environmental protection order is made including the replacement of
soil, the replanting of trees and other flora, and the restoration, as far
as may be possible, of unique geological, physiographical, ecological
or historical features of the land and of waste disposal sites;

(b) stop, prevent or modify any action or conduct which causes or

contributes or is likely to cause or contribute to pollution;

(c) remove, at the expense of the person against whom the

environmental protection order is made, any waste or refuse
deposited by that person, or with his or her knowledge or authority,
in a place specified in the environmental protection order and to
dispose of the waste or refuse in such manner and place and within
such period as may be specified in the environmental protection
order;
(d) pay such compensation as may be specified in the environmental
protection order to any person whose land is degraded by the action
or conduct of the person against whom the environmental protection
order is made.

(3) An environmental protection order issued under subsection (1) shall,

in addition to the matters referred to in that subsection, specify -

(a) the activity considered by the Director to be detrimental to the

protection and management of the environment and the conservation
and sustainable utilization of natural resources;

(b) the particulars of the person or persons against whom it is made;

(c) the period within which anything required to be done by the person
against whom it is made shall be done;

(d) the penalties which may be imposed for non-compliance with the
environmental protection order; and

(e) such other matters as the Director may consider necessary for the
protection and management of the environment and the conservation
and sustainable utilization of natural resources.

(4) The Director shall have power to inspect, at any reasonable time, any
activity on any premises for purposes of determining whether the
activity is harmful to the environment or the conservation of natural
resources or whether to make an environmental protection order
under subsection (1).

(5) For purposes of subsection (4), the Director may enter any premises
at any reasonable time to enforce the environmental protection order
and the Director shall not be responsible for the consequences of any
action reasonably taken by him in good faith under this section.

(6) Subject to subsection (5), any person aggrieved with the

environmental protection order may, within thirty days from the date
on which it is made, appeal to the Tribunal, and the appellant shall
indicate whether the appeal is against the whole environment
protection order or against only a part or parts thereof and, if so,
which part or parts.

(7) The Director may delegate the power referred to in subsections (4)
and (5) to an inspector or any person duly authorized by him and
anything done by that person shall be deemed to be done by the
inspector or by the Director and shall be valid for all purposes.
(8) An environmental protection order shall be served on the person
against whom it is made or his agent or legal practitioner.

34. - (1) Where a person against whom an environmental protection order is

Enforcement served fails, neglects or refuses to take the action specified in the
of environmental protection order, the Director shall take such action as
environmen he deems appropriate for achieving the purposes for which the
tal environmental protection order is made.
protection
(2) Where the Director has taken action pursuant to subsection (1), the
Director shall be entitled to recover in full from the person against
whom the environmental protection order is made the expenses
reasonably incurred by the Director for taking such action, and if the
expenses remain unpaid for a period of more than thirty days from
the date of first demand in writing by the Director, the amount in
respect of the expenses shall be recoverable by the Government as a
civil debt.

35. - (1) The Minister may, on the advice of the council -

(a) identify the components of the biological diversity of Malawi;

Conservatio (b) determine the component or components of biological diversity

n of which is or are threatened with extinction;
biological
diversity (c) prepare and maintain an inventory of the biological diversity of
Malawi;

(d) determine actual and potential threats to the biological diversity of

Malawi and devise such measures as are necessary for preventing,
removing or mitigating the effect of those threats;

(e) devise measures for the better protection and conservation of rare
and endemic species of wild fauna and flora;

(f) develop national strategies, plans and programmes for the

conservation of the biological diversity of Malawi;

(g) require in writing any developer, including the government, to

integrate the conservation and sustainable utilization of the
biological diversity of Malawi in any project the implementation of
which has or is likely to have detrimental effects to the biological
diversity of Malawi;

(h) on the recommendation of the Technical Committee, prohibit or

restrict access by any person to or the exportation of any component
of the biological diversity of Malawi.
(2) The Minister may, on the advice of the Council and in consultation
with the Minister responsible for the matter in question, take such
action or measure as is necessary for -

(a) promoting such land use methods as are compatible with the
conservation of the biological diversity of Malawi;

(b) the selection and management of environmental protection areas for

the conservation of the various terrestrial and aquatic ecological
systems in Malawi;

(c) the establishment and management of buffer zones near

environmental protection areas;

(d) the protection of threatened animal and plant species, habitats and
ecological systems;

(e) controlling the importation of alien and plant species;

(f) identifying, promoting and integrating traditional knowledge into the

conservation and sustainable utilization of the biological diversity of
Malawi; and

(g) the establishment and management of germplasm banks, botanical

gardens, zoos and animal orphanages and such other similar
facilities.

(3) Where the Minister considers it desirable so to do, he may, on the

advice of the Council, recommend to the Minister responsible for
wildlife, the release of any animal or animal species conserved ex-
situ or in-situ into its natural habitat or ecological system.

Access to 36. - (1) The Minister, on the recommendations of the Council, may, by
genetic regulations published in the Gazette, control or restrict access by any
resources person to the genetic resources of Malawi.

(2) Without prejudice to the generality of subsection (1), the regulations

may -

(a) prohibit the exportation of germplasm, except in accordance with a

licence issued by the Minister and not subject to such conditions as
the Minister may impose;

(b) provide for the sharing of benefits arising from the technological
exploitation of germplasm originating from Malawi between the
owner of the technology and the government;

(c) provide for fees payable in respect of an export licence issued under
subsection (2)(a) and for a charge payable for accessing germplasm.

37. - (1) The Minister, on the recommendations of the Council, may, by

regulations published in the Gazette, control the management,
transportation treatment and recycling, and safe disposal of waste
and for prohibiting littering of public places.

(2) The Minister may recommend to the Minister responsible for local
government the promulgation of such rules or the formulation of
Waste such measures as are necessary to regulate the collection,
management transportation and safe disposal of waste by local authorities.

(3) The Minister may, on the recommendation of the Council -

(a) formulate criteria and standards for the classification and analysis of
waste and shall, subject to the rules or measures referred to in
subsection (2), determine the method or methods for safe disposal of
waste;

(b) control the handling, storage, transportation, classification,

importation, exportation and destruction of waste;

(c) monitor any waste disposal site and direct the control of any such
site if its continued use as a waste disposal site constitutes or is likely
to constitute a hazard to the health of the people living in the vicinity
of, or to the environment adjacent to, the site.

38. - (1) No person shall handle, store, transport, classify or destroy waste
Licences for other than domestic waste, or operate a waste disposal site or plant,
Waste or generate waste except in accordance with a licence issued under
this section.

(2) The Minister may, on the advice of the council, grant to any person a
licence to handle, store, transport, classify or destroy any waste,
including hazardous waste, or to generate waste or to operate a waste
disposal site or plant, subject to such conditions as the Minister may
determine.

(3) An application for a licence under this section shall be in the

prescribed form or, if no such form is prescribed, in such form as the
Minister may determine, and the form shall contain the applicant's
full names, postal and physical address and such other particulars as
the Minister may require.

(4) Any person who, at the commencement of this Act, is carrying on

the business of handling, storing, transporting, classifying,
destroying or disposing of waste shall apply for a licence under this
section within six months from the date of the commencement of this
Act.
(5) The Minister may, at any time, revoke any licence issued under this
section or vary any condition attached to the licence if the activity in
respect of which the licence is issued constitutes an imminent, actual
or potential hazard to the environment or natural resources or if the
licensee violates any condition endorsed on the licence.

(6) The Minister may delegate the power to issue a licence under this
section to the Director and any thing done by the Director in the
exercise of that power shall be valid for all purposes as if it had been
done by the Minister.

Importation 39. - (1) Notwithstanding the Control of Goods Act, no person shall import or
exportation export any hazardous waste or substance, except under a permit
and issued by the Minister subject to such conditions as the Minister may
hazardous determine, and in the case of exportation, the exporter shall before a
waste permit is issued produce to the Minister written confirmation from
Cap.18:08 an appropriate authority of the receiving country that the hazardous
waste or substance may be exported to that country.

(2) No person shall transport within Malawi hazardous waste or

substances, except under a permit issued by the Minister subject to
such conditions as the Minister may impose.

40. - (1) The Minister may, in consultation with the Minister responsible for
agriculture, make rules for classifying pesticides and hazardous
substances, and for determining their toxicity.

(2) Without prejudice to the generality of subsection (1), the rules may
Classifica make provision -
tion of
pesticides (a) requiring the registration, labelling and packaging of pesticides and
and hazardous substances;
hazardous
substances (b) for measures for controlling the manufacture, importation and
exportation of pesticides and hazardous substances;

(c) for the distribution, storage, handling and transportation of pesticides

and hazardous substances;

(d) for monitoring the impact of pesticides and hazardous substances

and their residuary effect on public health, the environment and
natural resources.

(e) for restricting or banning pesticides and hazardous substances.

Protection of 41. - (1) The Director shall carry out national studies on substances, activities
the ozone and practices that deplete or are likely to deplete the stratospheric
layer ozone layer and other components of the stratosphere, and on the
completion of each study, the Director shall submit the report of the
study to the Minister.

(2) The Minister may, on the recommendation of the Council, make

regulations -

(a) restricting or prohibiting the use of any appliance, equipment or any

other thing which uses ozone depleting substances;

(b) requiring any person to make, in such manner and in such form as
the Minister may determine, regular reports to the Minister on the
generation, consumption and importation of ozone depleting
substances;

(c) providing for the progressive reduction and eventual elimination of

substances that deplete the ozone layer;

(e) providing for the control of activities and practices likely to deplete
the ozone layer; and

(f) providing for such as matters as are necessary for protecting the
stratospheric ozone layer.

(3) Notwithstanding the provisions of the Control of Goods Act, no

person shall import or export any appliance, equipment or any other
Cap.18:08 thing which uses substances that deplete the stratospheric ozone
layer except under a licence issued by the Minister and subject to
such conditions as the Minister may determine.

PART VIII - POLLUTION CONTROL

42. - (1) No person shall discharge or emit any pollutant into the
environment, except in accordance with this Act.

(2) It shall be the duty of person to prevent the discharge or emission of

any pollutant into the environment otherwise than in accordance
with this Act and to comply with such general or specific directions
Discharge of of the Minister or Director for preventing, minimizing or cleaning
pollutants up, removing poll any orosing disp

or disposing of any pollutant discharged or emitted into the

environment.

(3) Any person who discharges or emits any pollutant into the
environment otherwise than in accordance with this Act may be
required by the Minister to clean up, remove or dispose of the
pollutant in such manner and within such period as the Minister shall
direct.

Licence to 43. - (1) No person shall discharge effluent or emit any gas or other gaseous
discharge substances into the environment except under a licence issued by the
effluent, etc. Minister subject to such conditions as the Minister shall determine.

(2) The Minister may revoke any licence issued under this section if the
licensee fails to comply with the conditions of the licence or any
provision of this Part:

Provided that no licence shall be revoked without the licensee being

given a reasonable opportunity to be heard.

(3) The Minister may, by notice published in the Gazette, prescribe such
fees as he shall deem necessary for the monitoring, cleaning up,
removing or disposing of pollutants discharged or emitted into the
environment.

44. No person shall pollute or permit or cause any other person to pollute the
environment.

PART IX - INSPECTION, ANALYSIS AND RECORDS

Prohibition 45. - (1) For purposes of ensuring compliance with the provisions of this Act
of pollution the Minister may, by notice published in the Gazette, designate such
number of public officers as he may consider necessary to be
environmental inspectors whose functions shall be to administer,
monitor and enforce measures for the protection and management of,
Environmen and for the prevention and abatement of pollution to, the
tal environment.
Inspectors
(2) Every inspector shall be issued with an identity card, and the identity
card shall constitute prima-facie evidence that the holder thereof is
an inspector duly designated by the Minister under subsection (1).

(3) An inspector shall, on demand by any person affected by the

exercise of the powers of the inspectors under this Act, produce for
inspection, the identity card referred to in subsection (2).

46. - (1) An inspector may, for the purpose of performing the functions
Powers of referred to in section 45 (1), enter, at any reasonable time, any
inspectors premises to examine any activity which the inspector reasonably
considers to be detrimental to the environment or natural resources
and to collect therefrom samples of any pollutant or other substance
for analysis at any laboratory designated by the Minister under
section 48.

(2) Upon entering the premises, the inspector may require the owner or
occupant or the agent of the owner or occupant of the premises to
produce for inspection any book, document or record or copies
thereof for retention by the inspector concerning any matter relevant
to the administration of this Act.

(3) It shall be the duty of the owner or occupant or the agent of the
owner or occupant of the premises to render an inspector reasonable
assistance in the performance by the inspector of the functions
referred to in section 45(1).

(4) An inspector may -

(a) inspect and examine any vehicle, in or upon which he has reasonable
cause to believe that a pollutant or other article or substance which
he believes to be a pollutant is being or has been transported;

(b) order the production of any document pertaining to the

transportation of the pollutant or such other article or substance;

(c) collect any sample of the pollutant of any such substance from the
vehicle or place where it has been delivered for analysis at a
laboratory designated by the Minister under section 48;

(d) request information from any person who has or appears to have
custody or control of the pollutant or such other article or substance
or the vehicle in which it is or has
been transported.

Procedure 47. - (1) An inspector shall, before collecting from the premises or vehicle a
for taking sample of any pollutant or other article or substance which the
samples inspector believes to be a pollutant, inform the owner or occupier of
the premises or vehicle or other person in control of the vehicle from
which the sample is to be taken of his intention to do so.

(2) The inspector shall place the sample in three separately sealed
packages and shall deliver one package each to the Director, to the
laboratory at which the sample will be tested or analyzed and to the
owner or occupier of the premises or vehicle or other person in
control of the vehicle.

(3) Any dispute arising from the manner in which a sample is collected
by an inspector or in connection with the results of any laboratory
test or analysis of the sample shall be referred by the aggrieved
person or the Director, as the case may be, to the Tribunal.

48. The Minister may, by notice published in the Gazette, establish, or where he
deems it necessary, designate such laboratories as he thinks fit to be
analytical laboratories or reference laboratories at which samples taken under
this Act may be tested or analyzed.

49. There shall be appointed in the public service such number of analysts as
may be required to carry out such functions and exercise such powers as are
Establish necessary for achieving the purposes of this Act.
ment or
designation 50. - (1) There shall be issued by every analyst in respect of any test or
of analysis, a certificate showing the results of the test or analysis.
laboratories
(2) The certificate shall state the method or methods used in carrying out
Appointmen the test or analysis and shall be signed by the analyst who carried out
t of analysts the test or analysis.

(3) A certificate issued under this section shall be prima facie evidence
of the results of any test or analysis carried out under this Act.

Certificate
of analysis,
etc.
Keeping of 51. - (1) The Director may, by notice published in the Gazette, prescribe the
records activities in respect of which records shall be kept for the purposes
of this Act and may, require any person in possession or control of
such records to transmit the records to the Director at such intervals
as the Director may determine.

(2) The records shall be used by the Director or an inspector for

purposes of environmental auditing, monitoring, control and
inspection and such other purposes related to the protection and
management of the environment and the conservation and
sustainable utilization of natural resources.

52. - (1) Subject to subsection (3), every person shall have access to any
information submitted to the Director or any lead agency relating to
Public the implementation of the provisions of this Act or any other law
access to relating to the protection and management of the environment and to
information the conservation and sustainable utilization of natural resources.
and
prohibition (2) Notwithstanding subsection (1), no person shall be entitled to have
of disclosure access to proprietary information (to which the Trade Mark Act or
the Patents Act applies) submitted to or received by the Director
under this Act unless with the prior written consent of the owner of
the proprietary information.

Cap.49.01; (3) No person shall, without the consent of the Director, publish or
Cap.49.02 disclose to any person, otherwise than in accordance with the
provisions of this Act, the contents of any document, communication
or information which relates to and which has come to his
knowledge in the course of his duties under this Act.

(4) Any person who contravenes subsection (3) shall be guilty of an

offence and shall be liable, upon conviction, to a fine of not less than
K2,000 and not more than K100,000, and to imprisonment for
twelve months.

PART X - ENVIRONMENTAL FUND

Establish 53. - (1) There is hereby established a fund to be known as the Environmental
ment of Fund (in this Act otherwise referred to as the "Fund").
Environ
mental Fund (2) The Fund shall consist of -

(a) such sums as shall be appropriated by Parliament for the purposes of

the Fund;

(b) advances made to the Fund under section 55;

(c) such sums or other assets as may be received for the purposes of the
Fund by way of voluntary contributions or donations;

(d) such sums as are paid by way of fees or other penalties in respect of
licences issued under this Act.
54. The Fund shall be vested in the Minister and, subject to this Act and the
Finance and Audit Act, shall be administered in accordance with his
directions.

55. If in any financial year the income of the Fund together with any surplus
Vesting of income brought forward from a previous year, is insufficient to meet the
Fund in the actual or estimated liabilities of the fund, the Minister responsible for finance
Minister may make advances to the Fund in order to meet the deficiency or any part
Cap.37:01 thereof and such advances shall be made on such terms and conditions,
whether as to repayment or otherwise, as the Minister responsible for finance
Advances to may determine.
the Fund
56. The objects for which the Fund is established shall be the protection and
management of the environment and the conservation and sustainable
utilization of natural resources.

Objects of
the Fund

Application 57. Without derogation from the generality of section 56, the Fund,may be
of the Fund applied to -

(a) research and training which is calculated to promote the protection

and management of the environment and the conservation and
sustainable utilization of natural resources;

(b) the acquisition of land, equipment, materials and other assets and the
construction of buildings in order to promote the objects of the Fund;

(c) the cost of any scheme which the Minister considers to be in the
interest of the protection and management of the environment and
the conservation and sustainable utilization of natural resources;

(d) meeting any expenses arising from the establishment and

maintenance of the Fund; and
(e) any purpose which the minister considers to be in the interest of the
objects of the Fund.

58. - (1) The Minister shall cause to be kept proper books and other records
of account in respect of receipts and expenditures of the fund in
accordance with the Finance and Audit Act.

(2) The accounts of the Fund shall be audited by the Auditor General
who shall have all the powers conferred upon him by the Finance
and Audit Act.

Books and (3) The Minister shall cause to be prepared, as soon as practicable, but
other not later than six months after the end of the financial year, an
records of annual report on all the financial transactions of the Fund.
account,
audit and (4) The report referred to in subsection (3) shall include a balance sheet,
report of the an income and expenditure account and the annual report of the
Fund Auditor General and shall be laid by the Minister before the National
Cap.37:01 Assembly.
Cap.37.01

Holdings of 59. - (1) All sums received for hade purposes of the Fund shall be paid into a
the Fund bank account and no amount shall be withdrawn therefrom except by
means of cheques signed by such persons as are authorized in that
behalf by the Minister.

(2) Any part of the Fund not immediately required for the purposes of
the Fund may, on the recommendation of the council, be invested in
such manner as the Minister, after consulting with the Minister
responsible for finance, may determine.

60. The financial year of the fund shall be the period of twelve months
commencing on 1st April in one year and ending on the 31st March of the
Financial following year;
year
Provided that the first financial year of the Fund may be a period shorter or
longer than twelve months, as the Minister shall determine, but in any case
not longer than eighteen months.

PART XI - OFFENCES
61. - (1) Any person who contravenes any provision of this Act for which no
to her penalty is specifically provided shall be guilty of an offence
and liable, upon conviction, to a fine of not less than K10,000 and
not more than K500,000 and to imprisonment for five years.
General
offences (2) Any person who is convicted of an offence under subsection (1)
shall, in addition to the fine provided for in that subsection, be liable
to a fine of K5,000 for each day the offence continues to be
committed.

62. Any person who -

(a) hinders or obstructs an inspector in the execution of his or her duties

under this Act;
Hindering,
obstructing, (b) fails to comply with a lawful order or requirement made by an
etc. of inspector in accordance with this Act;
inspector
(c) prevents the Director or an inspector or any person duly authorized
by the Director or inspector from gaining entry upon or into any
premises which he or she is empowered under this Act to enter;

(d) impersonates the Director or an inspector or any person duly

authorized by the Director or inspector;

(e) prevents an inspector from having access to any record or document

required by the inspector for purposes of this Act;

(f) misleads or gives false information to the Director or an inspector or

any person duly authorized by the Director or inspector under this
Act; or

(g) fails to comply with measures directed by the Minister, the Director
or an inspector for the protection and management of the
environment and the conservation and sustainable utilization of
natural resources,

shall be guilty of an offence and shall be liable, upon conviction, to a fine of

not less than K5,000 and not exceeding K200,000 and to imprisonment for
two years.

63. Any person who contravenes section 24 (3) or fails to prepare an

Offences environmental impact assessment report or knowingly gives false
relating to information in an environmental impact assessment report contrary to section
environment 25 shall be guilty of an offence and shall be liable, upon conviction, to a fine
al impact of not less than K5,000 and not exceeding K200,000 and to imprisonment for
assessments two years.

64. Any person who -

Offences (a) fails to keep records required under this Act or under any regulations
relating to made under this Act;
records
(b) fraudulently or knowingly alters any such records,

shall be guilty of an offence and be liable, upon conviction, to a fine of not

less than K5,000 and not exceeding K200,000 and to imprisonment for two
years.

65. Any person who -

Offences (a) violates any environmental standard established under this Act;
relating to
environment (b) violates any measure prescribed under this Act; or
al standards (c) uses natural resources otherwise than in accordance with thi
and
guidelines
this Act,

shall be guilty of an offence and shall be liable upon conviction to a fine of

not less than K5,000 and not more than K200,000 and to imprisonment for
two years.

Offences 66. Any person who -

relating to
hazardous (a) fails to manage hazardous materials, processes and wastes in
materials, accordance with this Act;
processes (b) knowingly or fraudulently mislabels wastes, pesticides or chemicals;
and wastes
(c) aids or abets the illegal trafficking in wastes, chemicals, pesticides or
hazardous processes, wastes or substances,

shall be guilty of an offence and shall upon conviction be liable to a fine of

not less than K20,000 and not more than K1,000,000 and to imprisonment
for ten years.

67. - (1) Any person who discharges or emits any pollutant into the
environment otherwise than in accordance with this Act shall be
Offences guilty of an offence and shall be liable, upon conviction, to a fine of
relating to not less than K20,000 and not more than K1,000,000 and to
pollution imprisonment for ten years.

PART XII - LEGAL PROCEEDINGS

68. No legal proceeding shall be brought against the Minister, Director, an

inspector, an analyst or any other person duly authorized by the Minister, the
Immunity of Director, inspector or analyst to do anything authorized under this Act, in
officials respect of anything done in good faith under the provisions of this Act.

69. There is hereby established an Environmental Appeals Tribunal (in this Act
otherwise referred to as the "Tribunal") which shall -

(a) consider appeals against any decision or action of the Minister,

Establish Director or inspector under this Act;
ment of
Environmen (b) consider appeals against the refusal by the Minister or Director to
tal Appeals issue a licence under this Act;
Tribunals

(c) consider appeals against the revocation by the Minister or Director

of a licence issued under this Act;

(d) consider appeals against the closure pursuant to this Act of any
premises;

(e) consider such other issues relating to the protection and management
of the environment and the conservation and sustainable utilization
of natural resources as the Minister, the Director or any person may
refer to it.

Composition 70. - (1) The Tribunal shall consist of -

of Tribunal
(a) a suitably trained and qualified person appointed by the President, on
the recommendation of the Minister, who shall be the Chairman; and

(b) two other members appointed by the President, on the

recommendation of the Minister, both of whom shall be sufficiently
qualified in the protection and management of the environment and
the conservation and sustainable utilization of natural resources,

and the appointment of each member of the Tribunal shall be subject to

confirmation by the Public Appointments Committee.

(2) The decisions of the Tribunal shall be by a majority.

(3) The Tribunal shall not be bound by rules of evidence and shall admit
as evidence any matter which in its opinion shall assist it to arrive at
a just and equitable decision for the advancement of the purposes of
this Act.

(4) The Tribunal shall make its own rules of procedure and shall have
power to -

(a) summon any person to give evidence in any proceedings before the
Tribunal or to produce to the tribunal any document relevant to the
proceedings before it;

(b) confirm,vary, amend or alter a decision made by the Minister, the

Director or inspector or reverse or substitute such decision for any
decision which is just and equitable and which is in the interest of
the protection and management of the environment or the
conservation and
sust
sustainable utilization of natural resources.

(7) Any person aggrieved with the decision of the Tribunal may appeal
to the High Court within thirty days from the date of the decision of
the Tribunal.

Failure to 71. If a party fails to attend or to be represented at the proceedings of the

attend Tribunal without good cause, the Tribunal may proceed in the absence of that
party or representative.

Representa 72. - (1) A party to any proceedings before the Tribunal may -
tion of
parties (a) appear personally; or

(b) be assisted or represented by a legal practitioner.

Enforcement 73. Any decision or order of the Tribunal shall have the same force and effect as
of Orders any other decision or order of a competent court and shall be enforceable
accordingly.

74. - (1) Subject to subsection (2), the Tribunal shall not make any order as to
Costs costs but nothing in this subsection shall prevent a legal practitioner
from agreeing with his or her client the payment of solicitor and own
client costs.

(2) The Tribunal may make an order as to costs where a party fails to
attend, without good cause, any proceedings of the Tribunal or
where the matter is vexatious or frivolous.

75. - (1) Where an offence under this Act is committed by a body corporate
or a partnership -
Liability of
bodies (a) in the case of the body corporate, every director, manager or similar
corporate, officer of the body corporate shall be guilty of the offence; and
etc.
(b) in the case of a partnership, every partner shall jointly and severally
be guilty of the offence.

(2) A person shall not be guilty of an offence under subsection (1), if he

proves to the satisfaction of the court that the act constituting the
offence was done without his knowledge, consent or connivance and
that he did his part to prevent the commission of the offence having
regard to all the circumstances of the case.

PART XIII - MISCELLANEOUS

Closure of 76 (1) Where the Director believes, on reasonable grounds, that this Act or
premises any regulations made thereunder, have been contravened, the
Director may, subject to subsection (2), order the closure of any
premises by means of, or in relation to which the Director reasonably
believes the contravention was committed.

(2) The closure of any premises shall cease after the provisions of this
Act or any regulations made thereunder were, in the opinion of the
Director, been complied with, unless before that time court
proceedings have been instituted in respect of the contravention, in
which event the premises shall remain closed until the proceedings
are fully concluded.

77. The Minister may make regulations for the better carrying out of the
purposes of this Act.
Regulations

Passed in Parliament this twenty-eighth day of June, one thousand, nine hundred and ninety-six.

R.L. GONDWE
Clerk of Parliament