The Environmental Management (Amendment) Act, 2023

An Act to amend the Environmental Management
Act, 2011. [17th August, 2023
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Environmental Management
(Amendment) Act, 2023, and shall be read as one with the
Environmental Management Act, 2011, in this Act referred to as
the principal Act. 2. Section 2 of the principal Act is amended by the—
(a) deletion of the definition of the word “waste” and the
substitution therefor of the following:
“waste”means a matter whether liquid, solid, gaseous
or radioactive 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 waste as
may be prescribed under this Act, but does not
include solid waste;; and
(b) insertion of the following new definitions in the appropriate
places in alphabetical order:
“certificate of registration” means a certificate of
registration issued under section 29B or 65A;
Environmental Management (Amendment) [No. 8 of 2023 129
Short title
Enactment
Amendment
of section 2
Act No. 12 of
2011
GOVERNMENT OF ZAMBIA
ACT
No.

;
Environmental Management (Amendment) [No. 8 of 2023 129
Short title
Enactment
Amendment
of section 2
Act No. 12 of
2011
GOVERNMENT OF ZAMBIA
ACT
No.

8 of 2023
Date of Assent: 15th August, 2023
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K24.00

023
Date of Assent: 15th August, 2023
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K24.00

Environmental Management (Amendment)130 No.

Environmental Management (Amendment)130 No.

8 of 2023]
“controlled substance” means a substance or mixture,
whose manufacture, re-processing, possession, use
or disposal is regulated by the Agency and includes
substances listed under Annex A, B, C, E and F of
the Montreal Protocol on substances that deplete
the ozone layer and a controlled substance under
the Sixth Schedule of the Controlled Substances
Act, 2023;
“emoluments” has the meaning assigned to the word
in the Constitution;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“environmental assessment” means the process of
identifying, estimating, analysing and evaluating the
positive and adverse effects that a proposed policy,
plan, programme, project or product has or is likely
to have on the sustainable management of the
environment;
“environmental assessment expert” means a person
or firm registered as an environmental assessement
expert under section 29B;
“environmental emergency”means a sudden disaster
or accident resulting from natural, technological or
human induced factors that causes, or is likely to
cause, an adverse effect on human health or the
environment;
“e-waste”has the meaning assigned to the word in
the Solid Waste Regulation and Management Act,
2018;
“firm” has the meaning assigned to the word in the
Registration of Business Names Act, 2011;
“green economy” means an economy that allows for
low carbon emission, resource efficiency and social
inclusiveness, resulting in improved human well
being and social equity while significantly reducing
environmental risks and ecological scarcities;
“healthcare waste” has the meaning assigned to the
words in the Solid Waste Regulation and
Management Act, 2018;
Act No.

ks and ecological scarcities;
“healthcare waste” has the meaning assigned to the
words in the Solid Waste Regulation and
Management Act, 2018;
Act No.

2 of
2023
Cap. 1
Cap. 1
Act No. 20
of 2018
Act No. 11
of 2011
Act No. 20
of 2018

2 of
2023
Cap. 1
Cap. 1
Act No. 20
of 2018
Act No. 11
of 2011
Act No. 20
of 2018

Environmental Management (Amendment) [No. 8 of 2023 131
“resource efficiency”means use of the earth’s limited
resources in a sustainable manner while minimising
impact on the environment; and
“solid waste” has the meaning assigned to the words
in the Solid Waste Regulation and Management
Act, 2018;. 3. Section 6 of the principal Act is amended by the insertion of
the following new paragraph immediately after paragraph (l):
(m) low carbon emissions, resource efficiency and social
inclusiveness shall be integrated in development
programmes. 4.

ediately after paragraph (l):
(m) low carbon emissions, resource efficiency and social
inclusiveness shall be integrated in development
programmes. 4.

Section 9 (2) of the principal Act is amended by the—
(a) deletion of paragraph (h) and the substitution therefor of
the following:
(h) in collaboration with an appropriate authority,
mainstream green economy and environment in
national planning;;
(b) insertion of the following new paragraphs immediately
after paragraph (o):
(p) promote actions on climate change adaptation and
mitigation in collaboration with an appropriate
authority;
(q) undertake inventory of greenhouse gas emissions;
(r) in consultation with an appropriate authority,
promote fair and equitable sharing of the
benefits arising out of exploitation and utilisation
of the environment and natural resources among
the people; and; and
(c) renumbering of paragraph (p) as paragraph (s). 5. Section 11 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) There is constituted the Board of the Agency
consisting of the following part-time members appointed by
the Minister:
(a) one representative each from the Ministries responsible
for—
(i) energy;
(ii) mines;
(iii) green economy; and
(iv) agriculture;
Amendment
of section 6
Amendment
of section 9
Act No.

e Ministries responsible
for—
(i) energy;
(ii) mines;
(iii) green economy; and
(iv) agriculture;
Amendment
of section 6
Amendment
of section 9
Act No.

20
of 2018
Amendment
of section 11

20
of 2018
Amendment
of section 11

(b) a representative of the Attorney-General;
(c) a representative of a non-governmental organisation dealing
with environment management;and
(d) three representatives from the private sector with relevant
knowledge and experience in matters relating to this Act. 6. The principal Act is amended by the insertion of the following
new section immediately after section 12:
12A. The Board may, by direction in writing and on
conditions that the Board considers necessary, delegate to
the Director-General any of its functions under this Act. 7.

by direction in writing and on
conditions that the Board considers necessary, delegate to
the Director-General any of its functions under this Act. 7.

Section 13 of the principal Act is amended by the—
(a) deletion of subsection (4) and the substitution therefor of
the following:
(4) The Director-General may, in writing,
except for the functions delegated on the Director-
General under section 12A, delegate any of the
functions conferred on the Director-General under
this Act to a member of staff at management level
of the Agency that the Director-General considers
necessary;
(b) insertion of the following new subsections immediately
after subsection (4):
(5) The Board shall appoint the Secretary
and other staff of the Agency that the Board
considers necessary for the performance of the
Board’s functions. (6) The Emoluments Commission shall, on
the recommendation of the Board, determine the
emoluments of the Director-General, Secretary and
other staff of the Agency. (7) The Board shall determine the terms
and conditions of service, other than emoluments,
of the Director-General, Secretary and other staff
of the Agency. 8.

Board shall determine the terms
and conditions of service, other than emoluments,
of the Director-General, Secretary and other staff
of the Agency. 8.

Section 29 of the principal Act is amended —
(a) by the insertion of the following new subsection immediately
after subsection (1):
Insertion of
section 12A
Delegation of
functions
Amendment
of section 13
Amendment
of section 29
Environmental Management (Amendment)132 No. 8 of 2023]

nsertion of
section 12A
Delegation of
functions
Amendment
of section 13
Amendment
of section 29
Environmental Management (Amendment)132 No. 8 of 2023]

(2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a term not
exceeding seven years, or to both.;
(b) by the deletion of subsection (4) and the substitution
therefor of the following:
(4) The Agency shall not grant an approval in
respect of a project if the Agency considers that
the—
(a) implementation of the project—
(i) would bring about adverse
effects; or
(ii) may contravene a provision of this
Act or any other written law; or
(b) mitigation measures may be inadequate
to satisfactorily mitigate the adverse
effects of the proposed projects;
(c) in subsection (5), by the deletion of the word “fourteen”and
the substitution therefor of the word “thirty”; and
(d) by the renumbering of subsections (2), (3), (4) and (5) as
subsections (3), (4), (5) and (6), respectively. 9. The principal Act is amended by the insertion of the following
new sections immediately after section 29:
29A. (1) A person shall not prepare an
environmental assessment report without registering with
the Agency as an environmental assessment expert in
accordance with section 29B.

t prepare an
environmental assessment report without registering with
the Agency as an environmental assessment expert in
accordance with section 29B.

(2) A person who contravenes subsection (1) commits
an offence and is liable, on conviction, to a fine not
exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to
both. Insertion of
sections 29A
and 29B
Prohibition
of preparing
environmental
assessment
report
without
registration
Environmental Management (Amendment) [No. 8 of 2023 133

ions 29A
and 29B
Prohibition
of preparing
environmental
assessment
report
without
registration
Environmental Management (Amendment) [No. 8 of 2023 133

29B. (1) A person or firm that intends to be registered
as an environmental assessment expert shall apply to the
Agency for registration in the prescribed manner and form
on payment of a prescribed fee. (2) The Agency shall, within thirty days of receipt of
an application under subsection (1), grant or reject the
application and inform the applicant of the decision of the
Agency. (3) The Agency shall register a person or firm as an
environmental assessment expert if the person or firm meets
the prescribed criteria. (4) The Agency shall, where the Agency grants an
application in accordance with subsection (2), issue the
applicant with a certificate of registration in the prescribed
form. (5) An application under subsection (1) shall be
deemed to have been granted where the Agency fails to
inform the applicant of its decision within the period
specified in subsection (2). 10.

shall be
deemed to have been granted where the Agency fails to
inform the applicant of its decision within the period
specified in subsection (2). 10.

Section 30 of the principal Act is amended—
(a) by the deletion of subsection (1) and the substitution
therefor of the following:
(1) The Minister may, on the advice of
the Agency, by statutory instrument, make
Regulations for the effective administration of
environmental assessments.; and
(b) in subsection (2), by the—
(i) insertion of the following new paragraphs
immediately after paragraph (f):
(g) requirements for the registration of
environmental assessment experts;
(h) the validity of a certificate of registration;
Registration of
environmental
assessment
experts
Amendment
of section 30
Environmental Management (Amendment)134 No. 8 of 2023]

icate of registration;
Registration of
environmental
assessment
experts
Amendment
of section 30
Environmental Management (Amendment)134 No. 8 of 2023]

(i) the suspension and cancellation of a
certificate of registration issued under
this Act; and
(j)the re-registration of a person or firm
where a certificate of registration is
cancelled; and
(c) by the renumbering of paragraph (g) as paragraph (k). 11. Section 31of the principal Act is amended—
(a) in subsection (1) (b), by the deletion of subparagraph (i)
and the substitution therefor of the following:
(i) the elimination of substances that deplete the
stratospheric ozone layer and other components
of the stratosphere that affect human health and
well being, and the environment;
(b) in subsection (2), by the deletion of paragraph (b) and the
substitution therefor of the following:
(b) import, export, distribute, sell or offer for sale,
handle or store, a controlled substance or a
substance likely to deplete the ozone layer.; and
(c) by the deletion of subsection (4) and the substitution
therefor of the following:
(4) The Minister may, by statutory
instrument, on the recommendation of the Agency,
make Regulations for the importation, exportation
and consumption of a controlled substance, an
ozone depleting substance or related equipment. 12.

y,
make Regulations for the importation, exportation
and consumption of a controlled substance, an
ozone depleting substance or related equipment. 12.

Section 37 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (3):
(4) An owner or operator of an agricultural
scheme, sewerage system, industrial facility or plant,
business or any other undertaking shall —
(a) on the request of the Agency, connect
the Agency to an online monitoring
system of that owner or operator as
determined by the Agency for the
purpose of monitoring compliance; and
(b) undertake any other action that the
Agency may require. Amendment
of section 31
Amendment
of section 37
Environmental Management (Amendment) [No. 8 of 2023 135

any other action that the
Agency may require. Amendment
of section 31
Amendment
of section 37
Environmental Management (Amendment) [No. 8 of 2023 135

13. Section 40 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) The Agency shall, in collaboration with an
appropriate authority and a conservancy authority, promote—
(a) cleaner production technologies and techniques;
(b) sustainable consumption of goods and services;
(c) green economy;
(d) eco labeling; and
(e) any other matter as may be prescribed. 14. Section 53 of the principal Act is amended by the deletion
of the definition of “waste” and the substitution therefor of the
following:
“waste”means sludge and other discarded substances resulting
from industrial and commercial activities, but does not
include waste water as defined in the definition of
“effluent”in Division 2, and solid waste. 15. Section 56 (1) of the principal Act is amended by the
deletion of the words “A local authority shall, within its area of
jurisdiction” and the substitution therefor of the words “Subject to
the Solid Waste Regulation and Management Act, 2018, a local
authority, within its area of jurisdiction, shall —”. 16. The principal Act is amended by the repeal of section 61
and the substitution therefor of the following:
61.

n its area of jurisdiction, shall —”. 16. The principal Act is amended by the repeal of section 61
and the substitution therefor of the following:
61.

The Agency shall, where an environmental
emergency occurs, take appropriate measures for the
protection of human beings and the environment. 17. The principal Act is amended by the repeal of section 65
and the substitution therefor of the following:
65. (1) A person who intends to manufacture,
import, export, store, use, sell, distribute, transport, blend,
process, re-process, change the composition of a pesticide
or toxic substance or reprocess an existing pesticide or toxic
substance for a significantly new use, shall apply to the
Agency for a licence in the prescribed manner and form on
payment of a prescribed fee. Amendment
of section
40
Amendment
of section 53
Amendment
of section
56
Act No. 20
of 2018
Repeal and
replacement
of section
61
Environmental
emergency
Repeal and
replacement
section 65
Licensing of
manufacturer,
importer,
exporter of
pesticide
and toxic
substance
Environmental Management (Amendment)136 No. 8 of 2023]

ement
section 65
Licensing of
manufacturer,
importer,
exporter of
pesticide
and toxic
substance
Environmental Management (Amendment)136 No. 8 of 2023]

(2) The Agency shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application and
inform the applicant of the decision of the Agency in a prescribed
manner. (3) The Agency shall not issue a licence under this section
unless the pesticide or toxic substance is registered in accordance
with section 65A. (4) The Minister may, on the recommendation of the Agency,
prescribe—
(a) the criteria for the licensing of persons under this section;
(b) the procedure for applying for a licence and the grant,
modification, renewal, transfer or revocation of a licence;
(c)the terms and conditions attached to the grant, modification,
renewal, transfer or revocation of a licence; and
(d) any other matter necessary for purposes of this Division. 18. The principal Act is amended by the insertion of the
following new section immediately after section 65:
65A.

ssary for purposes of this Division. 18. The principal Act is amended by the insertion of the
following new section immediately after section 65:
65A.

(1) A person who intends to manufacture,
import, export, store, use, sell, distribute, transport, blend,
process, re process on change the composition of, a
pesticide or toxic substance, or re process an existing
pesticide or toxic substance for a significantly new use
shall apply to the Agency for the registration of the pesticide
or toxic substance in the prescribed manner and form on
payment of a prescribed fee. (2) The Agency shall, within ninety days of
receipt of an application under subsection (1), grant or reject
the application and inform the applicant of the decision of
the Agency in a prescribed manner. (3) The Agency shall, where it rejects an
application under subsection (2), give reasons for the
rejection in writing. (4) The Agency shall, where the Agency grants
an application under subsection (2), issue the applicant with
a certificate of registration in a prescribed form. Insertion of
section 65A
Registration
of pesticide
or toxic
substance
Environmental Management (Amendment) [No. 8 of 2023 137

on in a prescribed form. Insertion of
section 65A
Registration
of pesticide
or toxic
substance
Environmental Management (Amendment) [No. 8 of 2023 137

(5) The Minister may, on the recommendation of the Agency,
by statutory instrument prescribe—
(a) the terms and conditions attached to the grant,
modification, transfer or revocation of registration
of a pesticide or toxic substance; and
(b) any other matter necessary for the registration under
this section. 19. Section 66 of the principal Act is amended by the—
(a) insertion of the following new paragraph immediately
after paragraph (h):
(i) enforce environmental standards on equipment
used for application of a pesticide and toxic
substance; and;
(b) renumbering of paragraph (i) as paragraph (j). 20. Section 90 of the principal Act is amended by the deletion
of subsection (3) and the substitution therefor of the following:
(3) The Agency shall keep and maintain copies
and information documents contained in the registry in
physical or electronic form and the registry shall be open
for inspection to members of the public during normal office
hours. 21.

in the registry in
physical or electronic form and the registry shall be open
for inspection to members of the public during normal office
hours. 21.

Section 105 (2) of the principal Act is amended by the
deletion of paragraph (g) and the substitution therefor of the
following:
(g) remove any waste or refuse deposited on the land or
aquatic environment specified in the order and dispose
of the same in accordance with the provisions of the
order and the Solid Waste Regulation and Management
Act, 2018;. 22. The principal Act is amended by the repeal of section 111
and the substitution therefor of the following:
111. (1) A court that convicts a person of an
offence under this Act shall not impose a penalty lower
than half of the maximum penalty provided for the
commission of the offence under this Act. Amendment
of section 66
Amendment
of section
90
Amendment
of section
105
Act No. 20
of 2018
Repeal and
replacement
of section
111
Minimum
penalty,
protection,
repairs and
cost orders
Environmental Management (Amendment)138 No. 8 of 2023]

2018
Repeal and
replacement
of section
111
Minimum
penalty,
protection,
repairs and
cost orders
Environmental Management (Amendment)138 No. 8 of 2023]

(2) A court may, in addition to any other penalty
imposed on a person convicted of an offence under this
Act—
(a) order the person to take and pay for measures
to avoid, remedy or mitigate any adverse
effect arising from, or likely to arise from,
the offence; and
(b) if the person fails to comply with an order under
paragraph (a), issue an order allowing the
Director-General to take those measures and
requiring the person to pay the Agency costs
in so doing. 23. Section 112 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A person who is aggrieved with a decision
made or direction given by the Agency under this Act, other
than a decision or direction of the Board, may apply to the
Board for a review of that decision or direction. 24. Section 113 (5) of the principal Act is amended by the
deletion of the words “an appeal” and the substitution therefor of
the words “a review application”. 25. The principal Act is amended by the repeal of section 115
and the substitution therefor of the following:
115.

f
the words “a review application”. 25. The principal Act is amended by the repeal of section 115
and the substitution therefor of the following:
115.

(1) The Minister shall, where the Minister
receives an appeal under this Act, consider the appeal and
may—
(a) allow the appeal wholly or in part;
(b) dismiss the appeal; or
(c) refer the appeal back to the Board with a request
for consideration or further consideration of some
fact or issue. (2) The Minister shall, in determining an appeal,
have regard to—
(a) the purpose of the Act and the principles set out in
section 6;
(b) relevant environment policies, guidelines and
standards published by the Agency; or
Amendment
of section
112
Amendment
of section 113
Repeal and
replacement
of section
115
Consideration
of appeal by
Minister
Environmental Management (Amendment) [No. 8 of 2023 139

dment
of section 113
Repeal and
replacement
of section
115
Consideration
of appeal by
Minister
Environmental Management (Amendment) [No. 8 of 2023 139

(c) the findings and recommendations of the person
conducting the inquiry, except that the Minister shall
not be bound by those findings and
recommendations. (3) The decision of the Minister shall —
(a) be, in writing, in a prescribed written notice;
(b) set out the reasons for the decision; and
(c) be delivered to the applicant and to the Agency. 26. Section 117 of the principal Act is amended in the marginal
note by the deletion of the words “hazardous waste materials,
chemicals”and the substitution therefor of the words “environmental
impact assessment”. 27. Section 132 (1) of the principal Act is amended by the
deletion of subsection (1) and the substitution therefor of the
following:
(1) Despite the provisions of this Act, an inspector
may, where that inspector is satisfied that a person has
committed an offence or where a person has admitted to
the commission of an offence, for which the penalty does
not exceed five hundred thousand penalty units under this
Act, summarily demand the payment of a fine which does
not exceed the maximum fine provided for the offence. 28.

red thousand penalty units under this
Act, summarily demand the payment of a fine which does
not exceed the maximum fine provided for the offence. 28.

The First Schedule to the principal Act is amended in
paragraph 1(4) by the deletion of the word “six” and the substitution
therefor of the word “four”. Amendment
of section
117
Amendment
of section
132
Amendment
of First
Schedule
Environmental Management (Amendment)140 No. 8 of 2023]