This article is the first in a series diving into Zambia’s environmental laws. Over the next few pieces, we’ll break down some of the key regulations, explore how they impact the environment, and look at how these provisions could impact you and/or your business. 

The recent drought in Zambia serves as a stark reminder ofthe pressing reality of climate change and its global effects. As a legal practitioner, this situation highlights the importance of ensuring that clients are adequately advised on the environmental laws that need to be adhered to in order to mitigate the impacts of climate change.

Environmental laws and regulations are critical tools in controlling pollution, conserving natural resources, and promoting sustainable practices. The Environmental Management Act No. 12 of 2011 (the “EMA”) is a key piece of legislation that governs environmental protection and sustainable development in Zambia. The Zambia Environmental Management Agency (“ZEMA”) is the authority responsible for administering this Act. ZEMA is tasked with ensuring compliance with environmental laws and regulations, including the issuance of licenses for activities that may impact the environment.

The Environmental Management Licensing Regulations 2013 under the EMA set out the specific licenses that businesses and individuals must obtain depending on the nature of their operations. These licenses are designed to manage and mitigate environmental impacts, and include the following:

1. Emission Licences: Required for businesses that release pollutants into the air, such as factories, power plants, and other industrial/commercial operations. This helps to control air pollution and ensure that emissions do not exceed allowable limits set by the law. Businesses must monitor and report their emissions to prevent air quality degradation.

2. Waste Management Licences: These are necessary for businesses involved in the generation, storage, treatment, or disposal of waste. These are required to ensure that waste management activities are conducted in an environmentally responsible manner, minimizing pollution and health risks associated with improper waste disposal.

3. Hazardous Waste Licences: These are required by companies that deal with hazardous waste materials such as chemicals, heavy metals, and industrial by products and are required to manage hazardous substances safely and to prevent contamination of land, water, and air. The license ensures that businesses comply with safety standards to protect human health and the environment.

4. Pesticides and Toxic Substances Licences: If a business is involved in the manufacture, import, export, distribution, storage, handling, or transportation of hazardous materials or toxic substances (e.g., chemicals, pesticides, or fuels), a special license is required. This ensures the safe management of such materials to prevent accidents, spills, or contamination.

5. Other Environmental Licenses: The regulations also address a range of other environmental activities that may require a license, including those relating to water use, noise pollution, land reclamation, and deforestation.

The Licensing Regulations are in place to ensure that individual and business activities do not cause irreversible harm to the environment or public health. The licensing process is designed to ensure that any activity with the potential to impact the environment is properly controlled, monitored, and managed.

Non-compliance with these requirements can result in penalties, fines, or the revocation of licenses. ZEMA conducts inspections, audits, and environmental assessments, and businesses that fail to comply with the licensing requirements may face penalties, fines, or suspension of operations.

If you have any questions or would like to discuss how these provisions might affect your business or interests, we’re here to help. Our team is ready to provide expert guidance and support tailored to your needs. Don’t hesitate to get in touch with us to explore how we can assist you further.