The Zambia Development Agency (Amendment)

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Supplement to the Republic of Zambia Government  
Gazette dated the 16th April, 2010  

GOVERNMENT OF ZAMBIA  

ACT  

[ No. 1 of 2010  1   

Date of Assent: 12th April, 2010  

An Act to amend the Zambia Development Agency Act, 2006
[16th April, 2010

Enacted by the Parliament of Zambia.  

1.  This Act may be cited as the Zambia Development Agency (Amendment) Act, 2010, and shall be read as one with the Zambia Development Agency Act, 2006, in this Act referred to as principal Act

2.  The principal Act is amended by the insertion immediately after section eleven of the following new section:

11A.  Where any judgment order is obtained against the Agency, no execution, attachment or process of any nature, shall be issued against the Agency or against any property of the Agency, but the Agency shall cause to be paid out of its revenues such amount as may, by the judgment order, be awarded against the Agency to the person entitled to such amount.

3.  The principal Act is amended by the repeal of Part X and the substitution therefor of the following new Part:

PART X  

LICENCES, PERMITS AND CERTIFICATES OF REGISTRATION  

6A. (1)  A person who wishes to—

the substitution therefor of the following new Part:

PART X  

LICENCES, PERMITS AND CERTIFICATES OF REGISTRATION  

6A. (1)  A person who wishes to—

(a) develop any premises as a multi-facility economic zone;
(b) operate a business enterprise in a multi-facility economic zone;
(c) invest in any business enterprise; or
(d) register a micro or small business enterprise;

Single copies of this Act may be obtained from the Government Printer,  
P.O. Box 30136, 10101 Lusaka, Price K3,000

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2 [ No. 1 of 2010 Zambia Development Agency (Amendment) 

shall apply to the Board for a licence, permit or certificate of 
registration, as the case may be, in the prescribed manner and 
form, upon payment of the prescribed fee. 

(2) The Board shall, within thirty days of receipt of an 
application under subsection (1), approve or reject the application. 

(3) Where the Board rejects an application under subsection 
(2), it shall within seven days of its decision, inform the applicant 
accordingly and give the reasons therefor. 

69. The Board shall, in considering an application for a 
licence, permit or certificate of registration under section sixty- eight, have regard to— 

(a) the need to promote economic development and 
growth in Zambia;

ermit or certificate of registration under section sixty- eight, have regard to— 

(a) the need to promote economic development and 
growth in Zambia;

(b) the extent to which the proposed investment will 
lead to the creation of employment opportunities 
and the development of human resources; 

(c) the degree to which the project is export oriented; 

(d) the impact the proposed investment is likely to 
have on the environment and, where necessary, 
the measures proposed to deal with an adverse 
environmental consequence in accordance with 
the Environmental Protection and Pollution 
Control Act; 

(e) the possibility of the transfer of technology; and 

(f) any other considerations that the Board considers 
appropriate. 

70. (1) The Board shall, where it approves an application 
under section sixty-eight, issue on such terms and conditions as it may determine— 

(a) a licence to develop premises as a multi-facility 
economic zone; 

(b) a permit to operate a business enterprise in a 
multi-facility economic zone; or 

(c) a certificate of registration as an investor or a 
micro or small business enterprise. 

Consideration 
of application 
for licence, 
permit or 
certificate of 
registration 

Cap. 204

Issue of 
licence, 
permit or 
certificate of 
registration

eration 
of application 
for licence, 
permit or 
certificate of 
registration 

Cap. 204

Issue of 
licence, 
permit or 
certificate of 
registration

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Zambia Development Agency (Amendment) [ No. 1 of 2010       3  

(2) Subject to section seventy-six, a licence, permit or  
certificate of registration is valid for a period of ten years from the  
date of issue.  

71. The Board may vary or amend any condition of a  
     licence, permit or certificate of registration—  
   
  (a) where there are changes relating to the  
       investment, after consultation with the holder  
       of the licence, permit or certificate of  
       registration; or  
 
  (b) on an application by the holder of the licence,  
       permit or certificate of registration, to vary the  
       terms and conditions of the licence, permit or  
       certificate of registration.

permit or certificate of registration, to vary the  
       terms and conditions of the licence, permit or  
       certificate of registration.

72. (1) Where a holder of a licence, permit or  
       certificate of registration decides not to continue with any  
       business to which the licence, permit or certificate of  
       registration relates, the holder shall notify the Board in writing  
       and shall agree with the Board on the terms and conditions of  
       the surrender of the licence, permit or certificate of registration  
       with particular reference to anything done or any benefit  
       obtained under the licence, permit or certificate of registration.  

    (2) Where a licence, permit or certificate of registration  
         is surrendered under subsection (1), the licence, permit or  
         certificate of registration shall lapse or be cancelled and the  
         holder of the licence, permit or certificate of registration shall  
         cease to be entitled to any benefits obtainable under the  
         licence, permit or certificate of registration.

of registration shall  
         cease to be entitled to any benefits obtainable under the  
         licence, permit or certificate of registration.

73. A holder of a licence, permit or certificate of  
      registration shall not assign, cede or otherwise transfer the  
      licence, permit or certificate of registration to any other person  
      without the prior approval of the Board.  

74. (1) A holder of a licence, permit or certificate of  
      registration may apply for the renewal of the licence, permit  
      or certificate of registration, in the prescribed manner and  
      form, upon payment of the prescribed fee.

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4  [No. 1 of 2010  Zambia Development Agency (Amendment)

(2) The Board shall, where an applicant is not in breach
of any provision of this Act or condition of a licence, permit
or certificate of registration, renew the licence, permit or
certificate of registration. 

Suspension or revocation of licence, permit or certificate of registration

75. (1) The Board may suspend or revoke a
licence, permit or certificate of registration, after due
investigation, where the holder of the licence, permit or
certificate of registration is given an opportunity to be heard,
if the holder—

n, after due
investigation, where the holder of the licence, permit or
certificate of registration is given an opportunity to be heard,
if the holder—

(a) obtained the licence, permit or certificate of
registration by fraud, misrepresentation or any
false or misleading statement;

(b) assigns, cedes or otherwise transfers the licence,
permit or certificate of registration to another
person without the prior approval of the Board;

(c) fails without reasonable explanation to implement
the investment described in the licence, permit
or certificate of registration within the period
stipulated or any extension in respect of any
initial period stipulated;

(d) breaches or fails to comply with any terms or
conditions of the licence, permit or certificate
of registration; or

(e) is convicted of an offence under this Act or any
other law.

(2) The Board shall, before taking any action under
subsection (1), notify the holder of its intention to suspend or
revoke the licence, permit or certificate of registration and
the reasons therefor, and call upon the holder to show cause,
within such reasonable period as may be specified in the
notice, why the licence, permit or certificate of registration
should not be suspended or revoked.

n such reasonable period as may be specified in the
notice, why the licence, permit or certificate of registration
should not be suspended or revoked.

(3) If, on the expiration of the period specified in the
notice given under subsection (2), and after considering any
representations made by the holder of the licence, permit or
certificate of registration, the Board is satisfied for any reason
in subsection (1), that the licence, permit or certificate of
registration should be suspended or revoked, the Board may,
by notice in writing to the investor, suspend or revoke the
licence, permit or certificate of registration.

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Zambia Development Agency (Amendment)  [No. 1 of 2010  5

the investor, suspend or revoke the
licence, permit or certificate of registration.

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Zambia Development Agency (Amendment)  [No. 1 of 2010  5

(4)     The Board shall not suspend or revoke a licence, 
         permit or certificate of registration where a holder takes
         remedial measures to the satisfaction of the Board, within
         such period as the Board may specify.
(5)     Where a licence, permit or certificate of registration
         is suspended or revoked, the holder of the licence, permit or
         certificate of registration shall cease to be entitled to the rights
         or benefits conferred under this Act with effect from the
         date of the suspension or revocation and—
    (a)   in the case of a suspension, for the period of the
          suspension; and
    (b)   in the case of a revocation, shall surrender the
          licence, permit or certificate of registration to
          the Agency forthwith.

(b)   in the case of a revocation, shall surrender the
          licence, permit or certificate of registration to
          the Agency forthwith.

Register of   76. (1) The Board shall maintain or cause to be maintained
licences,        a Register of—
permits and
certificates of  (a) persons to whom licences, permits or certificates
registration     of registration have been issued and the
                     particulars of those persons;
               (b) the conditions attached to each licence, permit or
                     certificate of registration;
               (c) any amendments, suspensions or revocations of
                     licences, permits or certificates of registration
                     and the reasons for such decisions; and
               (d) any renewal of licences, permits or certificates
                     of registration.
          (2) The Register referred to under subsection (1) shall
              be open for inspection by members of the public, at all 
              reasonable times, at the offices of the Agency, upon payment
              of a prescribed fee.

ection by members of the public, at all 
              reasonable times, at the offices of the Agency, upon payment
              of a prescribed fee.

Fee of         77. Where this Act requires the payment of a fee or
applications      any document, licence, permit or certificate of registration to
etc               be issued or received, such payment, issuance or receipt may
                    be done electronically, where applicable. 
         4. The principal Act is amended by the repeal of section eight
             three.
         5. The Third Schedule to the principal Act is amended in
             paragraph 2—

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6   | No. 1 of 2010  Zambia Development Agency (Amendment)

         (a) by the insertion immediately after sub-paragraph (7) of
         the following new sub-paragraph:

                   (8)  Where a member is for any reason unable to
                         attend the meeting of the Board, a member may,
                         in writing, nominate another person from the
                         same organisation to attend the meeting in that
                         member’s stead and such person shall be
                         deemed to be a member for the purpose of that
                         meeting.; and

member’s stead and such person shall be
                         deemed to be a member for the purpose of that
                         meeting.; and

(b) by the renumbering of sub-paragraphs (8) and (9) as (9)
             and (10), respectively.