Zambia

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EIA profile

Updated to: 09 October 2013

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EIA background

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Country contact on EIA

Contact details for the country contact on EIA.

Zambia Environmental Management Authority (ZEMA)
Corner of Church and Suez Roads
P.O Box 35131, Lusaka
Website: www.zema.org.zm
E-mail: info@zema.org.zm / ecz@necz.org.zm
Tel: +260 211 254023 / 59 
Fax: +260 211 254164

History of EIA

Brief description of the history of the EIA system in the country, including when it was introduced and any major milestones in its development.

Until 1990, when the Environmental Protection and Pollution Control Act No. 12 (EPPCA) was enacted, the environmental sector in Zambia had no umbrella legislation and no apex organisation to co-ordinate its programs. In 1992, the Environmental Council of Zambia (ECZ) was formed with a mandate to protect the environment and prevent pollution. The EPPCA was later amended in 1994 and then in 1999 by the EPPCA No. 12 of 1999. The amendments were done to include more stringent environmental measures. EIA regulations from 1997 formalized the EIA process in Zambia. 
In June 2009, the President of Zambia launched a new Environmental Policy on the Environment, which promotes sustainable environmental protection. In 2011, the EPPCA of 1999 has been repealed and replaced by the Environmental Management Act (EMA). It re-named the ECZ as the Zambia Environmental Managment Agency (ZEMA). The 1997 EIA regulations which were issued under the EPPCA are nevertheless still being enforced. ZEMA is, however, in the process of drafting EMA regulations.
To date, 5 sets of guidelines exist in draft format for the following sectors: energy, fisheries, forestry, social impact assessment and tourism. Guidelines for EIA in mining are still in draft form.

 

Chapman K and B Walmsley (2003). Zambia Country Report. Southern Africa Institute for Environmental Assessment Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Year of introduction of EIA legislation

NB: this field is only meant for the world map. It is a hidden cell that is not published on the website. If available, mention the year when detailed national EIA regulations were issued. If such regulations do not exist and if EIA practice is base

1990

Legal framework for EIA

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Year of introduction of enabling law

Year when the enabling law for EIA was issued

The Environmental Protection and Pollution Control Act No. 12 of 1990

Chapman K and B Walmsley (2003). Zambia Country Report. Southern Africa Institute for Environmental Assessment .

1990

Approving authority of enabling law

Authority that approved the enabling law for EIA.

Parliament

Year of introduction of first national detailed regulation for EIA

Year when when the first national detailed regulation (procedural requirements) through which EIA was operationalized.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations of 1997 specified provisions made under the EPPCA of 1990. Despite the replacement of the EPPCA through the EMA of 2011, these EIA regulations are still being enforced. Until new EMA regulations have been issued, the information in this country profile is thus based on the EIA regulations of 1997.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

1997

Approving authority of first national detailed regulation for EIA

The authority that approved the first national detailed regulation (procedural requirements) through which EIA was operationalized.

The EIA regulations of 1997 are approved by the Minister of Environment and Natural Resources.

Recent updates and additions to the EIA legislation

Revisions of the EIA provisions in the enabling law or the national detailed EIA regulation (procedural requirements) are named. The year is listed, and the main changes since the first regulation are mentioned, if available. Also, additional EIA-re

Amendment of the Environmental Protection and Pollution Control Act (No 12) of 1999, which has been replaced by the EMA of 2011. The EMA of 2011 has been amended in 2012 and in 2013.

EMA (Licencing - Forms and Fees) regulations which specify provisions made in the EMA of 2011, are currently under development. A draft of the EMA regulations have been publicly announced and made available  on the website of ZEMA in 2012. They public was invited to comment on them until the 4th of January 2013.

Guidelines

Any government issued guidelines on EIA (general, or sectoral) are listed here, as well as the authority that issued each. Describe the legal status of the guidelines.

A general guideline for EIA is provided as Fourth Schedule of the EIA regulation, 1997.
On the sector level, guidelines exist for the energy, fisheries, forestry sectors and for social impact assessment. Guidelines on mining are under development.
Moreoever, some of the authorising agencies have developed their own EIA guidelines. The Zambia Wildlife Authority also has its own EIA guidelines to review developments in protected areas, and the National Heritage Conservation Commission has developed EIA guidelines for developments near heritage sites. The Road Development Agency has developed a procedures manual for environmental and social management in the roads sector which includes guidance on EIAs.

Chapman K and B Walmsley (2003). Zambia Country Report. Southern Africa Institute for Environmental Assessment Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Objective of EIA

The objective of EIA as stated in the above described legal basis.

Not specified

Scope of EIA application

Describes which types of activities require EIA (public and/or private activities; national and/or foreign initiated project; or all such projects)

All activities (public, privates, national foreign) as prescribed under schedule one and two of the EIA regulation.

ECZ (2005) What you need to know about the Environmental Protection and Pollution Control Act.

Exemptions from EIA application

Describes any (groups of) activities identified in the regulation that are exempted from the requirement to do EIA (e.g. military or emergency activities).

Not specified

Institutional setting for EIA

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Central EIA authority

Is there a central authority in charge of implementing EIA? Is it independent or linked to a higher body (e.g ministry)? What are its tasks related to EIA?

The Zambian Environmental Management Agency (ZEMA) is the central authority for EIA in Zambia. It is a statutory body set up under the Ministry of Tourism, Environment and Natural Resources. It has an EIA Unit that operates under its Pollution Control Inspectorate. ZEMA is the new name for the previous Environmental Council of Zambia (ECZ) as the Environmental Management Act (EMA), No 12 of 2011 determines.

According to the EMA, ZEMA is the main environmental institution in Zambia and the lead agency for matters on EIA. The Agency is empowered by EMA to identify projects, plans and policies that are subject to EIA and to review EIA's and SEA's. It is furthermore expected that new regulations under the EMA will make ZEMA responsible for facilitating the EIA process, as it was the task of the Environmental Council of Zambia before. ZEMA further provides the following services on EIA:

  • Reviewing project briefs, ToR, EIS and decision-making
  • Disclosing the EIS to the public through the media
  • Holding public meetings to discuss the EIS
  • Monitoring
  • Compliance audits
  • Administering EIA regulations

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Other key (governmental) parties involved in EIA, and their roles

Lists other key parties (e.g. a review commission, knowledge institute) that have a role in many or all EIAs.

Besides ZEMA, a number of government agencies and sector ministries are involved in environemental management. Some of them have their own environmental unit, e.g. the Road Development Agency or the Ministry of Mines and Minerals Development.Typically, Project Briefs and EIA reports are submitted to these authorising agencies first. They then comment on them before they forward it to ZEMA.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Mandate for exemption of EIA obligation

Describes if there is a legal mandate for a competent authority to make exemptions of EIA obligation. And if yes, under which conditions (e.g. national security, disasters or no conditions/when deemed necessary).

Not specified

(De)centralisation of EIA mandates

Describes if EIA mandates are (de)centralised. Vertical decentralization refers to the extent to which the responsibility for EIA processes are delegated by the central government to the provincial or local authorities. Sectoral or horizontal decen

Decision making is decentralised vertically and horizontally. The EIA regulations of 1997 stipulate that the ECZ (now ZEMA) may delegate any of its functions to the Director or any other officer of the ECZ, a local authority or any other relevant agency. Furthermore, Government institutions and agencies with environmental units in place can support ZEMA during the screening and review process.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

EIA procedure

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Overview EIA procedure

Characterizes the overall EIA procedure. If relevant, interesting aspects of the EIA procedure are mentioned such as: which procedural steps are part of the EIA procedure? How are they linked to each other? Are there different levels of assessment di

As a first step of the EIA procedure in Zambia, ZEMA takes a screening decision based on a project brief. While for some projects the project brief provides the necessary information, for others a full EIA is required. For those projects a scoping stage follows where the Terms of References for the EIA report are determined. The subsequent impact assessment stage results in the EIA report which is reviewed internally and externally. Thereafter, ZEMA takes a decision on the issuance of an environmental authorization for the project. Compliance monitoring follows.

The main documents that are outputs of the EIA procedure are thus: Environmental Project Brief (Screening), Terms of Reference (Scoping), EIA report, Environmental Authorization licence.

Screening

Screening requirement and authority

Describes if a formal screening decision required, and if so, which authority is responsible for this decision. Is this decision published?

Screening is required and it is undertaken by ZEMA.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

Screening process

Describes the screening process: steps in screening, the stakeholders involved and outcomes of the process, status of screening advice of different stakeholders, etc. Also describes any prescribed methods for screening. If preliminary EIA's / light EIA's / Initial Environmental Evaluations (IEE) are done in this country and which criteria determine whether a preliminary or a full EIA is requested

The proponent is required to submit an Environmental Project Brief (EPB) based on the list of projects provided under Schedule One and Two contained in the EIA regulations of 1997. Submission is upon payment of review fees prescribed in schedule 5 of the EIA regulation. Upon receiving the EPB, ZEMA (previously ECZ) requests comments from an authorising agency (the competent authority such as government ministry, local authority under which the project falls). Based on the comments made by the authorising agency, ZEMA either gives an environmental clearance or makes a request for a full EIA. If the project is approved (environmental clearance issued), ZEMA communicates its decision to the approving authority. If a full EIA is required, the decision to submit the full EIA is relayed in writing to the proponent.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Provision for sensitive areas

Are specific requirements formulated for environmentally sensitive areas? (e.g. no minimum thresholds, full EIA instead of partial EIA)

There are provisions for sensitive areas in the EIA regulations of 1997. Projects located in or near sensitive areas are listed in the 'others' category of schedule one of the regulation. Additionally, the Zambia Wildlife Authority also has its own EIA guidelines to review developments in protected areas, and the National Heritage Conservation Commission has developed EIA guidelines for developments near heritage sites.

Chapman K and B Walmsley (2003). Zambia Country Report. Southern Africa Institute for Environmental Assessment.

Contents of the starting document

Describes the required content of the starting document (if any) that the proponent should submit to the competent authority for EIA screening. Mentions if the starting document is published.

The starting document is the EPB. It should contain:

(a) site description;
(b) objectives, project nature and alternatives;
(c) main activities during site preparation, construction and implementation;
(d) materials to be used;
(e) products and by-products of project;
(f) noise level, heat and radioactive emissions, from normal and emergency operations;
(g) expected socio-economic impacts, number of people that the project will resettle or employ, directly, during construction and operation etc;
(h) expected environmental impact;
(i) expected effects on bio-diversity, natural lands and geographical resources; and
(j) description of mitigation measures and monitoring programmes to be implemented.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

Timeline Screening

Maximum number of (working) days allowed between submission of the starting document and the screening decision.

Within 40 days from receiving the project brief, ZEMA is required to communicate the screening decision.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

Scoping

Scoping requirement

Is a formal scoping step required as part of the EIA process?

Scoping is a mandatory requirement

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

Scoping process

Describes who carries main responsibility to undertake scoping and what the roles and responsibilities of the involved parties during the process are. Specifically, is there independent formulation and/or review of the scoping document, approval of the scoping document? Are any methods prescribed, e.g. participation, checklists. What guidance is provided?

Scoping involves the development of a Terms of Reference. The proponent is required to organize a public consultation process and involve government agencies, local authorities, non governmental organisations and community based organisations as well as other interested and affected parties to help determine the scope of EIA. It is a requirement to consider issues contained in the third schedule of the EIA regulation (1997). The draft ToR prepared is reviewed by ZEMA (previously ECZ) for acceptability. If unacceptable, the developer with the help of ZEMA prepares the final ToR for use in the EIA drafting and review.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997

Contents of the scoping document

Explains if there are there specific requirements for the content of the scoping document, and if so, what these are.

A general list of issues to be considered in the ToR is given under the third schedule of the EIA regulation of 1997. These include:

(a) Ecological considerations (biodiversity and sustainability);
(b) socio-ecological and cultural considerations;
(c) landscape;
(d) water; and
(e) air quality.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Timeline scoping

Number of (working) days for the decision on approval of the scoping document by the competent authority.

5 days

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Assessment and reporting

Assessment process

Steps and roles of stakeholders in the assessment and status of the input of the stakeholders. Also sets out methods for assessment of the environmental impacts of the activity, if prescribed, and whether the assessment covers environmental, social, economic and/or transboundary effects.

Once the ToR have been approved, the assessment process begins with the approval, by ZEMA, of the names and qualification of persons entrusted to do the impact study. A scoping to identify the main issues follows. The approved team undertakes a baseline study after which impacts are predicted and ranked  in order of importance. The team then seeks the views of the public and considers them, identifies mitigation measures and compare alternatives based on economic, socio-cultural and environmental gains and costs.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Contents of the EIA report

Explains what should be contained in the EIA report. Specifies if a potential Environmental Management Plan is part of the EIA report or if it is a separate document that contributes to the EIA process.

In addition to an executive summary, stating the main findings and recommendations (signed by every individual person involved in its preparation), an EIA is required to contain a description of: 

(a) project;
(b) proposed site and reasons for rejecting alternative sites;
(c) raw material inputs and their potential environmental effects;
(d) technology and processes to be used;
(e) products and by-products of the project;
(f) environmental effects of project, and reasonable alternatives, including the direct, indirect cumulative, short-term and long-term effects;
(g) the socio-economic impacts of the project such as resettlement of the affected people;
(h) an impact management plan; and
(i) an indication of whether the environment of any neighbouring state is likely to be affected.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 11).

Review

Review process

Overview of the review process, including: steps in the process and roles of the stakeholders, status of the input of the stakeholders. Is the process open to public? Review method: internal review, external review, panel/commission (permanent or temporary), are the review results documented? Are the review criteria general or case by case? Are the review results documented? Is a potential review

Review is both internal by an ZEMA committee and external in which case comments on the EIA report are sought from stakeholders including; relevant ministries, local government units, parastatals, NGO's, CBO's, interested and affected parties.

Review begins when the proponent submits the completed EIA report to ZEMA. ZEMA then transmits a single copy of the EIA report to the authorising agency for comments. Additionally, the ZEMA distributes copies of the EIA report to other stakeholders for their comments. Media such as newspapers and radio may be used to inform these stakeholders of the possibilities of accessing and making comments on the EIA report. ZEMA considers the EIS and all comments in making the decision. On the basis of this information ZEMA may decide to hold a public hearing. ZEMA also uses EIA sector guidelines as review criteria.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 14).

Review expertise

Describes if the EIA is checked by external parties, and if so to what extent these represent required disciplines/expertise. Also sets out if measures have been taken to ensure that reviewers are impartial?

External parties from various disciplines as determined by ZEMA (previously ECZ) check EIA report. The law provides for opportunities for participation of the affected public and other stakeholders during public hearing. During such meetings, ZEMA may request the presence of a relevant external person (such as experts) to make comments or clarify some contentious aspects. The extend of impartiality is however not clear.

Timeline Review

Number of (working) days for review of the EIA by the competent authority.

65 days

ECZ (2005) What you need to know about the Environmental Protection and Pollution Control Act. 

Decision-making

Integration of EIA into decision-making

Describes what kind of decision-making processes the EIA is intended to support. We look specifically at the decision on EIA approval, and how this relates to envirionmental approval for the project, and other project approval decisions (permits) needed before a project can proceed. This category describes which decisions are influenced by EIA and how they are linked to each other.

On the basis of the EIS, the public hearing report (if applicable) and the review process, ZEMA decides if an Environmental Authorization is granted for a project. The approval of the EIS seems to conform with this decision (to be confirmed). An Environmental Authorization has to be obtained from ZEMA before a developer can commence with activities that are mentioned in Schedule One and Two of the EIA regulations of 1997. No licence for the execution of a project that is subject to EIA can be granted unless ZEMA has approved it.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Competent authority

Describes which authority/authorities is/are responsible for each of the main decision-making processes on EIA (EIA approval, environmental approval and/or project approval). It is explained if those decisions are taken by the same or different authorities.

ZEMA approves the EIS and also decides on the issuance of the Environmental Authorisation.

Decision documents

Mentions if the decision (on EIA approval and/or environmental approval) is linked to certain documents (e.g. environmental management plan, permit conditions) in order to facilitate the management of environmental risks during project implementation. Also describes if commitments of the proponent are incorporated into legally binding instruments.

ZEMA can attach conditions to the Appendix of any authorisation licence, permit, or permission issued to the developer based on the impact management plan as described in the EIS. The conditions must contain a work programme with a schedule for the implementation of the conditions.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Decision justification

Sets out requirements for justification of the consideration of the EIA information in decision-making (on EIA approval, environmental approval and/or project approval).

Decisions are justified and given in form of a decision letter. The conditions for approval or rejection are also included in the writing.

ECZ (2009) What you need to know about the Environmental Protection and Pollution Control Act. 

Decision publication

Does the decision (on EIA approval, environmental approval and/or project approval) have to be published? Also, is the decision justification published as well?

The law provides for decision of the ZEMA to be justified and communicated to all parties concerned including the affected public in writting.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 23).

Timeline decision-making

Maximum number of (working) days available to the competent authority to make the EIA based decision (EIA approval, environmental clearance and/or project approval).

30 days if there is public hearing and if not 20 days.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 23).

Monitoring, Compliance and Enforcement

Compliance monitoring

Is compliance monitoring required to check if the project is implemented as described in the EIA documents and/or if mitigation of environmental impacts complies with applicable standards and other measures set out in the EIA documents? Who is responsible for ensuring compliance? How does this authority ensure compliance (for example, through inspections)? And what requirements are there for the p

Monitoring of the impacts of the project after commencement is required under the EIA regulation 1997 and the EMA 2011. Monitoring is based on conditions of approval and is addressed in the EIA report in which case a monitoring plan is required. The proponent is also required to issue an impact management plan as part of the EIA report. Additionally, the proponent has to conduct an environmental audit of the project within a period of between 12-36 months after the completion of the project. Furthemore, ZEMA may also ask the proponent to undertake an environmental audit (which mostly focuses on the compliance with the conditions of the authorization) at any time. In this case an audit report is required on the basis of which ZEMA can require further actions.
The EMA 2011 requires the proponent, besides conducting environmental audits, to keep accurate records and to submit annual report to ZEMA which describe the extent to which the project conforms with the EIA.

The EIA regulations of 1997 as well as the EMa of 2011 also provide for external monitoring by an inspector. The inspector is expected to investigate the implementation of any conditions or measures taken to limit adverse impacts.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 28) Environmental Management Act 2011, Section 101.

Non-compliance penalties

Are there penalties that the authority responsible for compliance can apply if environmental conditions are not met? What are these? (for example, fines, suspension of license)

According to the EIA regulations of 1997, suspension and/ or cancellation of EIA approval/ licence is possible. It is an offence not to; (i) prepare and submit a project brief or EIA report to the ZEMA (previously ECZ) where required; (ii) fraudulently make a false statement in a project brief or EIA report or alter an EIA report (iii) fail to abide by the conditions attached to the EIA licence (iv) make a false statement in an environmental audit. Any such offender is liable, upon conviction, to a fine not exceeding one hundred thousand Kwacha or to imprisonment for a period not exceeding three years or to both.

The EMA of 2011 gives provisions which deviate from the ones in the EIA regulations of 1997. It states that a person who (a) fails to undertake an EIA, (b) fails to prepare a project brief; (c) makes a false statement on the EIA report, is liable to a fine not exceeding seven hundred thousand penalty units or imprisonment for a period not exceeding seven years.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 34) Environmental Management Act of 2011, Part XI.

EIA evaluation

Are there any requirements to monitor if the impacts in reality are as they were predicted in the EIA, with the purpose of evaluating the EIA itself and improving future EIA practice?

Monitoring of the impacts of the project after commencement is required under the EIA regulation 1997 and the EMA 2011.

Payment system

Is the proponent required to pay a fee when applying for an EIA? Is this fee linked to a permitting fee, or separate? If yes, when is this paid and to whom (to the agency that issues the license or to a central agency)?

The proponent is required to pay a fee for both the project brief and the full EIA. The fees are prescribed under the fifth schedule to the EIA regulations of 1997. They are paid to ZEMA.

ECZ (2005) What you need to know about the Environmental Protection and Pollution Control Act. 

Public participation

Public participation requirements for EIA process stages

Describes for which of the EIA process stages public participation is required.

The are provision for public participation under the EIA regulation of 1997. The public can participate during scoping, EIA report preparation, and in reviewing the contents of the EIA report. It is not formally required in the screening phase when the project brief is reviewed. However, for larger and/or contentious projects, this is adviced.

Moreover, the EMA of 2011 provides for a public review of documents and for public hearings on any document under public review.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Public participation arrangements

Relevant information regarding the arrangements for public participation are provided here (e.g. who is responsible for it, who is consulted, does the legislation mention consultation or participation, for which project should consultations be held, are public hearings held etc.)

The EIA regulations of 1997 determine that the proponent shall take all measuress necessary to seek the opinion of the affected people before the EIS is submitted.

During the review process, ZEMA may organise or require the proponent to organise public hearings in the locality of the proposed area if there are unresolved contentious issues. Any person may attend a public hearing and make presentations. ZEMA determines the procedures for the presentations at the public hearings. ZEMA appoints a chair of the public hearing who has to write a report on of its outcome and submit it to ZEMA afterwards.

Public participation guidance

Has any guidance on participation been provided?

There are no Zambia specific public participation guidelines.

Access to information

Which of the information that is generated in the EIA process is available to the public? Specifically, which reports and decision statements?

According to the EIA guidelines of 1997 any project brief, environmental impact statement, terms of reference, public comments, report of the person presiding at a public hearing, decision letter or any other information submitted to ZEMA (previously ECZ) are public documents. The documents are registered under ZEMA who upon request may avail this information to the public.

Moreover, the EMA determines that applications for licences and a list of the licences shall be kept at the environmental information registry, which is accessible for the public.

ECZ (2005) What you need to know about the Environmental Protection and Pollution Control Act. 

Information dissemination

How can the public receive the information that is publicly available? Are there public announcement on the proceedings? How/where are these published? Is information made available locally? Is information sent on request? etc.

Information for ToR is disseminated in an EIA forum convened by the proponent. During draft EIA report review, the proponent is required to publicise the intended project in the mass media, in comprehensible language, and hold meetings with the affected communities to present information and obtain views. Additionally, ZEMA (previously ECZ) after receiving the final EIA report is required to place copies of it in public buildings near the proposed project.

If a public hearing is required, a notice thereof shall be published three times a week for two consecutive weens in the national newspaper. This has to be done at least 15 days prior to the public hearing.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Timeline for public comments

The number of (working) days available for the public to make comments on the EIA decision document.

The public has 20 days to comment on the EIS.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997.

Costs for public

Are there any specified costs public parties will incur if they partake in EIA?(e.g. costs for the receiving report, costs of losing an appeal, etc. Costs associated with travel to meetings or such are not included here)

According to the EIA regulation, the public have to pay a certain for accessing any public document.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 36).

Public comments

What options do the public have to provide their comments. Should comments be written, or may they also be verbal? To which agency should they provide their submissions?

Comments are made in written form. Comments during the EIA report review stage can be sent to ZEMA (previously ECZ) directly while those in public hearings are recorded by an appointed person of ZEMA who at the end of the public hearing prepares a report for ZEMA.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 36).

Public comments in decision-making

Do the EIA and/or project approval decisions have to be justified on the basis of public participation results? Do legal texts indicate how public participation results should be used and to which decision-making processses they should contribute?

The EIS has to contain minutes of all public meeting that were held, a list of registered interested and affected parties and the main issues that have been raised during consultation. It has to be mentioned where each main concern has been addressed in the EIS. Moreover, under the EIA regulations of 1997, the comments made by interested and affected parties and the public hearing report (if applicable) shall serve as basic information for the decision on the EIS approval.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Legal recourse

Possibilities for appeal

What are the legal recourse options to challenge EIA decisions are provided for within the legal framework?

Appeals on the decision of ZEMA regarding the Environmental Authorization can be made to the minister. Appeals against the decision of the minister can be made to the high court.

Environmental Management Act 2011, Part X.

Decisions that can be appealed

Which EIA decisions can be appealed?

Appeals can be made on the issuance of an Environmental Authorization.

Environmental Management Act 2011, Part X.

Who can appeal

Who can make an appeal (in other words, has legal standing)?

Any person who is not satisfied with ZEMA's decision can make an appeal.

Environmental Management Act 2011, Part X.

EIA practice

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Central EIA database

Is there a central database or library where information on EIAs is kept (i.e. where all EIAs are registered and/or copies are archived). If so, what is kept there and is this information publicly accessible?

The EMA (2011) promulgates that a environmental information registry shall be created and maintained. Among other documents, the applications for environmental licences and the a list of each licence shall be kept there. These documents shall be accessible for public viewing.

Practice reviews

Any EIA practice review studies that have been done (by governmental agencies or others) are listed here. Where relevant, links to studies are included, and the main conclusions of the studies are summarised.

Country Report on EIA (Environmental Impact Assessment in Southern Africa) a Southern African Institute for Environmental Assessment (SAIEA) publication, compiled by Peter Tarr and funded by Danida.  Including case-studies:

  • EIA of Sun International hotel development, Victori Falls
  • EIA of High voltage (330kV) power reinforcement, Kafue West-Lusaka West
  • EIA of Hydroelectric power development project, Kalungwishi River

Accreditation of consultants

Is there and accreditation system operational in the country to certify consultants to do EIAs?

There is no formal registration or certification system for environmental assessment practitioners in Zambia. However, the names of the consultants have to be included in the Terms of Reference. They need to be submitted to ZEMA for approval. There are no legal requirements for environmental consultants to be independent of the proponent.

Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997 (regulation 9) Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Professional bodies

Professional bodies relevant to EIA practice in the country, such as EIA Associations, Environmental Expert Associations, etc are listed here.

Capacity development

Ongoing training programmes (including professional and academic training) and major training events held in the past (with focus on recent events) are mentioned here.

Professional Development (PD) Fellowship Program for East and Southern Africa.  CLEAA works with various environmental assessment leaders nationally, regionally and globally, in partnership with IUCN East and Southern Africa Regional Office (ESARO), with financial support from Swedish International development Agency (SIDA)  to promote and enhance Africa’s capacity in Environmental Impact Assessment (EIA), for better environmental governance and sustainable development.

http://cms.iucn.org/about/union/secretariat/offices/esaro/index.cfm?uNewsID=2000

EIA links

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Links to laws/regulation

Any relevant links to laws or regulations are included here.

Other relevant links on EIA

Any other relevant links (for example to country specific guidance documents) are included here.

Website of SAIEA on Zambia.