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Management Act [Chapter 20:27]
as amended March
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Management Act [Chapter 20:27]
13/2002, 5/2004 (s. 23)1, 6/2005
Arrangement of Sections
1. Short title and
date of commencement.
3. Application of this Act in relation to other laws.
GENERAL PRINCIPLES OF ENVIRONMENTAL MANAGEMENT AND FUNCTIONS OF MINISTER
4. Environmental rights and principles of environmental management.
5. General functions of Minister.
6. Delegation of powers by the Minister.
NATIONAL ENVIRONMENT COUNCIL
7. Establishment of a National Environmental Council.
8. Duties and functions of the Council.
ENVIRONMENTAL MANAGEMENT AGENCY
9. Establishment of Environmental Management Agency.
10. Functions and powers of Agency.
ENVIRONMENT MANAGEMENT BOARD
11. Establishment of Environment Management Board.
12. Composition of Board.
13. Disqualifications for membership of Board.
14. Terms of office and conditions of service of members of Board.
15. Vacation of office by members of Board.
16. Filling of vacancies on Board.
17. Chairman and vice-chairman of Board.
18. Co-opted members of Board.
19. Meetings and procedure of Board.
20. Committees of Board.
21. Minutes of proceedings of Board and committees.
22. Remuneration and allowances of members of Board and of committees.
23. Directions to Board.
24. Reports of Board.
25. Board to have access to all Ministers.
26. Board to consult experts on technical questions.
27. Hearings by Board.
28. Powers of Board to summon witnesses and take evidence at hearings.
29. Penalty for witness failing to attend hearing or give evidence or
30. Penalty for giving false evidence at hearing.
31. Board may refer questions of law to High Court.
32. Proof of recommendations and decisions of Board.
33. Safeguarding State interests.
STAFF OF AGENCY
34. Appointment and functions of Director-General.
35. Inspectors and other officers.
36. Monitoring functions of Director-General, inspectors and other officers.
37. Powers of officers and inspectors.
38. Execution of contracts and instruments by Agency.
39. Reports of Agency.
40. Minister may require statistics and information.
41. Investigation into affairs of Agency.
FINANCIAL PROVISIONS RELATING TO AGENCY
42. Funds of Agency.
43. Investment of moneys not immediately required by Agency.
43. Financial year of Agency.
44. Accounts of Agency.
45. Accounts of Agency.
46. Audit of Agency’s accounts.
47. Internal Auditor.
48. Establishment of Environment Fund.
49. Composition of Fund.
50. Environment Levy.
51. Administration of Fund.
52. Application of Fund.
53. Financial year of Fund.
54. Books of account and audit of Fund.
ENVIRONMENTAL QUALITY STANDARDS
55. Establishment of a Standards and Enforcement Committee.
56. Functions of the Standards and Enforcement Committee.
57. Water pollution prohibition.
58. Duty to supply plant information to the Board.
59. Effluent to be discharged only into sewerage system.
60. Licence to discharge effluents.
61. Cancellation of effluent discharge licence.
62. Register of effluent discharge licences.
63. Air quality standards.
64. Licensing emissions.
65. Application for emission licence.
66. Cancellation of emission licence.
67. Register of emission licences.
68. Emission by motor vehicles and other conveyances.
69. Standards for waste.
70. Prohibition against discharge and disposal of wastes.
71. Application for waste licence.
72. Hazardous waste.
73. Prohibition of discharge of hazardous substances, chemicals and materials
or oil into the environment.
74. Standards of pesticides and toxic substances.
75. Application for registration of pesticides and toxic substances.
76. Registration of pesticides and toxic substances
77. Offences relating to pesticides and toxic substances.
78. Seizure of pesticides and toxic substance.
79. Standards for noise.
80. Noise in excess of established standards prohibited.
81. Exemption in respect of noise standards.
82. Standards for the control of noxious smells.
83. Prohibition against littering.
87. National Environmental Plan.
88 Contents of National Plan.
89. Invitation of public comment.
90. Confirmation of National Plan.
91. Operative National Plan to be open to public.
92. Effect of operative National Plan.
93. Changes to operative National Plan.
94. Review and replacement of operative National Plan.
95. Local authority environmental action plan.
96. Environmental management plans.
ENVIRONMENTAL IMPACT ASSESSMENT, AUDIT AND MONITORING OF PROJECTS
97. Projects for which environmental impact assessment required.
98. Developer to submit prospectus.
99. Contents of environmental impact assessment report.
100. Consideration of environmental impact assessment report and issue
101. Period of validity of certificate.
102. Register of certificates.
103. Transfer of certificates prohibited.
104. Amendment, suspension or cancellation of certificate.
105. Developer to notify Director-General if project not implemented or
106. Environmental audit of projects.
107. Developers to minimise adverse effect of projects on environment.
108. Inspection of environmental impact assessment reports.
CONSERVATION AND IMPROVEMENT OF ENVIRONMENT
109. President may set aside State land or acquire other land for environmental
110. President may set aside areas of Communal Land for environmental
111. Minister may construct works.
112. Apportionment of costs of works constructed in terms of section 115.
113. Protection of wetlands.
114. Minister may make order for protection of environment.
115. Inspector may make order for protection of environment.
116. Conservation of and access to biological diversity.
117. Regulation of biological and genetic resources.
CONTROL OF INVASIVE ALIEN SPECIES
118. Interpretation of this Part.
119. Duty of persons responsible to clear invasive alien species.
120. Power to enter upon land.
121. Manner in which notices may be served.
122. An inspector may clear land at expense of person responsible.
123. Prohibition on placement of invasive alien species in any watercourse
or on any road.
124. Power to take samples of seed and treatment of plant, seed or grain
offered for sale.
125. Local authorities authorised to make by-laws.
126. A person responsible may petition Minister to have a plant declared
invasive alien species.
127. Alteration of Third Schedule.
128. Interpretation in Part XIV
129. Appeal against decision of inspector
130. Appeal against decision of authority.
131. Composition of Administrative Court for purposes of this Act.
INTERNATIONAL OBLIGATIONS AND COMMITMENTS
132. International obligations and commitments
133. Functions of local authority.
134. Powers of Minister, etc, in respect of Communal Land preserved.
135. Incentives for environmental management.
136. Observation of rules of natural justice.
137. Additional offences and penalties under Part IX.
138. Additional offences and penalties under Part XIII.
139. Additional penalties for contraventions of this Act.
141. Amendment of First Schedule.
142. Amendment of Acts.
143. Repeal of Cap 20:13 and savings.
154. Repeal of Caps 20:23, 15:05 and 19:07.
145. Transfer of certain assets, obligations, etc of State to Agency.
146. Construction of certain references.
FIRST SCHEDULE: Projects
that Require an Environmental Impact Assessment.
SECOND SCHEDULE: Ministries Represented in National Environment Council.
THIRD SCHEDULE: Powers of Agency.
FOURTH SCHEDULE: Composition of Standards and Enforcement Committee.
FIFTH SCHEDULE: Invasive Alien Species and Noxious or Offensive Gases.
SIXTH SCHEDULE: Amendment of Acts.
provide for the sustainable management natural resources and protection
of the environment; the prevention of pollution and environmental degradation;
the preparation of a National Environmental Plan and other plans for the
management and protection of the environment; the establishment of an
Environmental Management Agency and an Environment Fund; to amend references
to intensive conservation areas and committees and associated matters
in various Acts; to repeal the Natural Resources Act [Chapter 20:13],
the Atmospheric Pollution Prevention Act [Chapter 20:03], the Hazardous
Substances and Articles Act [Chapter 15:05] and the Noxious Weeds Act
[Chapter 19:07]; and to provide for matters connected with or incidental
to the foregoing.
ENACTED by the President and
the Parliament of Zimbabwe.
1 Short title
and date of commencement
(1) This Act may be cited as the Environmental Management Act [Chapter
(2) This Act shall come into operation on a date to be fixed by the President
by statutory instrument.3
1 Radiation Protection
Act, 2004 with effect from the 1st July, 2005.
2 General Laws Amendment Act, 2005 with effect from the 3rd February,
3 17th March, 2003, except for section 144 (repeal of three Acts) and
paragraph 1 of Part III (reference to repeal of section 69 of Water Act).
See Statutory Instrument 103 of 2003 dated 14 March, 2003. The date for
the excepted provisions has been fixed as 7th April, 2006, by Statutory
Instrument 74 of 2006.
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