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PART I
PRELIMINARY
Section
1 Title
2 Interpretation
PART II
EXTRACTION OF CLAY AND SAND DEPOSITS
3 License required for commercial extraction of clay or sand deposits standards for certain
activities
4 Procedure for application for a licence
5 Amendment or cancellation of licence
6 Period of validity of a licence
7 Licence not transferable
PART III
ENVIRONMENTAL IMPACT ASSESSMENT
8 Procedure for conducting environmental impact assessment study
9 Register of persons engaged in environmental impact assessment
10 Review of prospectus & environmental impact assessment reports and issuing of
licences
11 Amendments, suspension or cancellation of licences
12 Extension of period of validity of licence
13 Fees for reviewing prospectus and environment impact assessment reports
14 Environmental Audits
PART IV
PREVENTION OF FIRES
15 Application of this Part
16 Pre-suppression measures
17 Suppression measures
18 Post suppression measures
PART V
SLEIGHS
19 Prohibition against possession or use of sleigh
PART VI
PROTECTION OF WETLANDS, PUBLIC STREAMS & OTHER CERTAIN LANDS
20 Licence required for certain activities on certain land
21 Application for licence to operate
22 Consideration of application by Agency
23 Deferred application
24 Amendment or cancellation of licence
PART VII
GENERAL PROVISIONS
25 Appeals against decisions of Agency etc
26 Spot fines
27 Repeals and savings
FIRST SCHEDULE: Fees
SECOND SCHEDULE: Forms
IT is hereby notified that Minister, after consultation with the Agency has , in terms of
section 140 of the Environmental Management Act [Chapter 20:27] has made the following
regulations: —
PART I
PRELIMINARY
Title
1 These regulations may be cited as the Environment Management
(Environmental Impact Assessment and Ecosystems Protection) Regulations
2007.
Interpretation
2 In these regulations—
"appropriate fee" means an appropriate fee prescribed in the First Schedule;
"clay deposits" means soil material used for purposes specified in the Third Schedule;
“designated authority" includes local authorities, government agencies, or private agencies;
"form" means a form prescribed in the Second Schedule;
"fire prevention measures" includes fire guards, fire fighting teams, fire fighting equipment
and fire awareness campaigns;
"high flood-level" means the maximum level to which the water level could rise, due to
rainfall and run-off in the catchment areas, over and above the level of water normally
conserved in any artificially constructed water storage work on a public stream;
"licence" means a licence issued in terms of section twenty;
"local authority" means a municipal council, town council, or local board, rural district;
"monitoring schedules" means recording and reporting on fires;
"naturally defined banks" means the banks containing the flow of a public stream when
flowing at its fullest capacity and keeping the usual natural direction of its own course;
"post-suppression measures” means the activities undertaken when the fire has been
extinguished;
"pre-suppression measures" means the preventive activities done before a fire outbreak;
"prospectus" means a short report detailing the activities which the developer shall carry
out;
"sensitive area" means any ecologically sensitive area referred to in section twenty;
"suppression measures" means the activities undertaken towards extinguishing the fire;
"sleigh" means any vehicle used for transporting which —
(a) travels on runners instead of wheels; or
(b) travels on any other manner on the surface of the ground without the use of
wheels or tracks driven by the wheels.
PART II
EXTRACTION OF CLAY AND SAND DEPOSITS
Licence required for commercial extraction of clay or sand deposits
3 (1) No person shall excavate, remove, possess, *transport or licence the
removal of—
(a) clay or sand deposit in excess of #1 ton or for commercial purposes without a
licence issued by the Agency; and.
(b) sand deposits from an undesignated site of point.
#=1016 KGs .Subsection (1) amended by SI 4/11 with effect from the 21st January,2011, to prohibit
*transportation as well - Editor ].
(2) Any person who wishes to extract, excavate, possess or licence the removal of sand or
clay shall apply to the Agency in Form EMA A and the application shall be accompanied by
an appropriate application fee.
(3) An applicant shall, in consultation with the local authority and the local inspector,
develop a detailed excavation and environmental rehabilitation plan for submission to the
Agency for consideration before any extraction or excavation is done.
(3a) No person shall transport sand between the times of 1800 hrs and 0600 hrs.
subsection (A) inserted by SI 130/11 with effect from the 11th November, 2011
(4) Any person who contravenes subsections (1), (2) or (3) shall be guilty of an offence and
liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding
five years or to both such fine and imprisonment.
Editor's Note: It appears SI 130/11 does not make a breach of Section (3a) an offence
PART IV
PREVENTION OF FIRES
Application of this Part
15 Except where it is expressly provided for to the contrary, this part shall be
construed as being in addition to and not in substitution for any regulations
made under Part VIII and X of the Forest Act [Chapter 19:05] and section 23 of
the Communal Lands Forest Produce Act [Chapter 19:04] or any other law
which regulate the prevention of fires.
Pre-suppression measures
16 (1) Any land user, owner, or designated authority shall put in place
appropriate fire prevention measures on their land.
(2) No person shall deliberately cause fire that he or she cannot extinguish which causes
damage to the environment, property, or life.
(3) No person shall light a fire outside residential or commercial premises during the period
from 31 July to 31 October of each year.
(4) Any person who contravenes subsections (1), (2), or (3) shall be guilty of an offence and
liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one
year or to both such fine and such imprisonment.
Suppression measures
17 (1) The land user, landowner, farmer, lessee or designated authority shall
be responsible for extinguishing all fires on their property regardless of origin
of the fire.
(2). In case of a fire outbreak any person within the vicinity of the fire other than the user or
the owner of that land shall carefully and properly extinguish the fire.
PART V
SLEIGHS
Prohibition against possession or use of sleigh
19 (1) No person shall possess, use, licence or cause to be used a sleigh on any
land.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment for a period not exceeding four months.
PART VI
PROTECTION OF WETLANDS, PUBLIC STREAMS & OTHER CERTAIN LANDS
Licence required for certain activities on certain land
20 (1) No person shall, without a licence issued by the Agency, the proof
whereof shall lie upon him or her, to reclaim or drain, drill or make a tunnel,
introduce any exotic animal or plant species, cultivate, or licence the
cultivation of, or destroy any natural vegetation on, or dig up, break up,
remove or alter in any way the soil or surface of —
(a) wetland; or
(b) land within 30 metres of the naturally defined banks of a public stream; or
(c) land within 30 metres of the high flood-level of any body of water conserved in
artificially constructed water storage work on a public stream; or
(d) bed, banks or course of any river or stream.
(2) Subsection (1) shall not apply to the destruction of vegetation or the digging up, breaking
up, removal or alteration of the surface in respect of projects specified in the First Schedule
to the Act;
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level ten or imprisonment for a period not exceeding six months or to
both such fine and imprisonment.
Deferred application
23 (1) Where an application has been deferred, the applicant, after satisfying
the requirement which led to its deferment, shall notify the local authority in
writing and request it to undertake further inspection thereof.
(2) Upon receipt of a notification made in terms of subsection (1), the inspector shall carry
out such further inspection of the land as he or she considers necessary and shall, as soon as
possible make a recommendation to the Director General that the application be either
approved or rejected.
(3) The Director General shall, upon receipt and consideration of a recommendation made
to him or her in terms of subsection (2) reconsider the application and:-
(a) reject it; or
(b) approve it with or without any conditions;
and inform the applicant in writing of his or her decision.
PART VII
GENERAL PROVISIONS
Appeal against decision of an Officer; Director General or Minister etc.
25 (1) Any person who is aggrieved by any decision of the Officer or
authorized person shall appeal to the Director General in terms of section 129
of the Act.
(2) Any person who is aggrieved by any decision of any authority shall appeal to the Minister
in terms of section 130 of the Act, submitting with his or her appeal the fee prescribed in
the First Schedule.
(3) Any person who is aggrieved by any order of the Minister shall appeal to the
Administrative Court in terms of section 130 of the Act.
Spot fine
26 (1) The Agency through its authorised officers, may issue to any offender
who contravenes any part of these regulations with a spot fine (ticket):
Provided that no such fine shall exceed level fourteen.
(2) In the event that the offender fails to pay the spot fine as prescribed on the spot fine
ticket, the default penalty shall be zw$65 000,00 x i. After the lapse of the deadline for the
payment of the default, the Agency will not accept payment, the offender will be taken to
Court.
Editor's Note : the "i" probably refers to the inflation correction factor by which all fees are to be
adjusted , which will be the ratio of the current Government Consumer Price Index (CPI) to the CPI at
the base year. The base year is June 2006 and i is 1 for the base year.
This note is no longer part of these Regulations ,but was contained in the Note to the Fee Schedule
which was repealed and substituted by SI 3/2011 below.
Repeals
27 (1) The Natural Resources (Protection) Regulations, 1991, published in
Statutory Instrument 291 of 1991 and the Natural Resources (Sleighs)
Regulations, 1975, published in Statutory Instrument 604 of 1975 are repealed.
FIRST SCHEDULE (Sections 2,10(1),20(2),and 25)
Repealed and substituted by SI 3/11 with effect from the 21st January, 2011.
TABLE 1
FEES FOR SAND ABSTRACTION AND TRANSPORTATION PER QUARTER
Quarterly sand abstraction per point US$ 165
TABLE 2
FEES FOR ENVIRONMENTAL IMPACT ASSESSMENT
Annual environmental consultants
registration US$ 300
(locals)
Notes -
1. All Annual registration fees are paid in advance and cover year of January to December.
2. The year will be reckoned from January to December and not 12 months from date of
issue
3. A 5% administration fee will be charged on all fees.
SECOND SCHEDULE
FORMS
The following activities require a licence before any commercial activity is carried out –
(1) building construction;
(2) brick moulding;
(3) pottery;
(4) moulding of plumbing accessories;
PART I
[To be completed by the Applicant in duplicate]
1. I ………………………………………………………………………………………………………………..
(Insert full name in capital letters)
hereby apply to excavate clay/sand * deposits for commercial purposes on land detailed in
section 3 below.
2. I am the owner/lessee/user of the said land.
3. –
(a) Site identification:
Size of land: …………………………………………………………….
Name of village: …………………………………………………………
Name of ward:……………………………………………………………..
District: …………………………………………………………………
Province: ………………………………………………………….
Name of property: ……………………………………………………..
(b) Land tenure system:-- communal/resttlement/sscfa/cfa/urban area *
Date: ……………………………………………………………………
Signature of applicant: …………………………………………………
4. Endorsement -
I/We agree to the intended activity and location of the said land in respect of which the
application is being made.*
Signed……………………………………………………………………………………..
Date:…………………………………………….
(Owner/lessee/local authority) *
PART II
[To be compiled by the local inspector in consultation with the applicant.]
Environmental rehabilitation/management plan-
5 The following information must be contained in the report with any other relevant
information deemed necessary for the sustainable utilization of the land –
(a) a standard project proposal for the intended operations (to be submitted by applicant);
(b) a detailed baseline survey report;
(c) mandatory environmental rehabilitation/management action plan.
PART III
[To be completed by the Chief Provincial Environment Officer]
6. This application is recommended for approval/rejection based on the following reasons –
*
…………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………….
I certify that this application has been recorded in my register.
Signed:…………………………………………………………………………..Date:…………………………..
(Chief Provincial Environment Officer)
PART IV
[Approval/rejection of application by the Director General]
7. Approval of this application has been granted/ rejected and licence number
………………………………………. issued.*
Approval subject to full compliance with the entire requirement stated in this application
and the maintenance to recommended specifications on any works or other environmental
rehabilitation/management measures stated in this application necessary for sustainable
use of the land referred to in this application.
Signed: …………………………………………………………………………………………………………………………..
Date:…………………………………………………………………
Note:-
(a) On completion of this part the applicant must forward a complete, original and copy of
form to the local inspector.
(b) No operations can commence until this application has been approved and a licence
issued by the Agency.
2. TRANSPORTER'S FORM
2. EMA Form B -,- Transport’s form
Please add this new form.
Application to carry sand from a registered sand extraction site
(i) Details of applicant-
(a) Full name of applicant: ………………………………..
(b) Company name:………………………………….
(c) Physical address of applicant:……………………………..
(d) Local area of operation:………………………………….
(ii) Details of vehicle-
(a) Registration number:……………………………………
(b) Capacity: ……………………………………………..
(c) Fitness certificate number: ………………………………
(iii) Declaration by applicant-
I shall comply with the following conditions of operation-
∙ Transport sand or clay from a legal abstraction point.
∙ Ensure that the consignment is secure and does not spill during normal travel.
Signature of applicant:: ……………………………………………………….Date:…………………
3. REGISTRATION OF EIA CONSULTANCY
EMA "C" EMA Form C1 - registration of EIA consultant
Please do the following amendments.
∙ Remove [to be filled in duplicate]
(i) Details of applicant-
(a) Full name of applicant:…………………………………………………………………………………..
(b) Company name:…………………………………………………………………………………………
(c) Physical address of applicant: '………………………………………………………………………..
………………………………………………………………………………………………………….
(ii) Details of company-
(a) Certificate of incorporation number :………………………………………..
(b) Tax certificate clearance number…………………………………….
(c) Profile of EIA studies undertaken to date………………………………………….
Year Title of EIA study
………………… …………………………………………………………...
………………….. ………………………………………………………….
(iii) Details of EIA team members-
List the persons comprising your team and provide separate detailed curriculum
Vitae for each member
Name Qualification
……………………………. ………………………………………..
…………………………….. ……………………………………………
(iv) Declaration by applicant-
I,……………………………………………… representing ………………………………… do hereby
declare that the above information is accurate. I further declare that the company does not
employ and will not engage employee/s of the Agency in the execution of EIA studies.
Signed at …………………………………….On………………………………………………..
(v) Application approved/rejected-
……………………………………. Date………………………………….. Certificate number
……………………………………
Signature for Director General
EMA Form C2--Extension of period of validity of an EIA certificate
(i) Details of applicant-
Full name of applicant ……………………………………………………………..
Name of developer…………………………………………………………
Physical address o f developer…………………………………………………
…………………………………………………………………………………………
(ii) Details of project-
(d) EIA certificate number ……………………………………………………………………………..
(e) Date issued…………………………… Date when project commenced ……………………………………
(f), Provide a separate detailed project progress report that includes: –
∙ Activities completed and outstanding activities.
∙ Proposed project implementation plan.
∙ Reasons for need of extension of validity of certificate.
(g) Summary of reasons for seeking extension……………………………………………………..
4. APPLICATION FOR LICENCE TO OPERATE IN PROTECTED AREAS
EMA "D" FORM Application for certain activities on certain land
Application to obtain a licence to operate on land within an area protected in terms of the
Protection of Wetlands and Public Streams and other certain Areas, Part VI of these
regulations: –
(a) wetland; or
(b) land within 30 metres of naturally defined banks of a public stream; or
(c) land within 30 metres of the high flood level of body of water conserved in artificially
constructed water storage work on a public stream; or bed, bank or course of any river or
stream.-hereinafter referred to as "the land".
PART I
(a) Name of applicant:…………………………………………………………………………..
(b) Title; Owner/User/Village head/Headman/Chief [delete the inapplicable]
(c) Details of land:-
Name of site/land ;………………………………………… Size of land ………………………………….
Name of /Property…………………………………………. Name of chief………………………………………………
Name of district……………………………………………. Land tenure………………………………………
(d) State the intended use of land –
…………………………………………………………………………………………………………
………………………………………………………………………………………………………….
(e) Note that in the case of private property, if the applicant is not the owner of the land
he/she is required to obtain the owner's written consent to this application to be endorsed
hereon or attached hereto.
(f) Endorsement: [Consent of the Owner/Local authority]
I/ we agree to the action and location of the land in respect of which a licence is sought.
Signed……………………………………………. Date……………………………………
Owner/Local authority representative. .
PART II
[To be compiled by an official from the Ministry of Agriculture in consultation with the
applicant]
5. Agriculture production and conservation report:
The following information must be contained in the report with any other relevant
information deemed necessary for the economic productivity of the land –
(a) Gross margin analysis of the intended activity;
(b) Appropriate soil conservation measures to be adopted.
PART III
[To be compiled by the local inspector in consultation with the applicant.]
6. Environmental management plan:
The following information must be contained in the report with any other relevant
information deemed necessary for the sustainable utilization of the land – -
(a) A standard project proposal for the intended operations;
(b) A detailed baseline survey report; and
(c) Suggested mandatory environmental management action to be taken.
PART IV
[To be completed by the Chief Environment Officer]
7. This application is recommended for approval/rejection based on the following reasons. *
–
……………………………………………………………………………………………………………..
I certify that this application has been recorded in my register.
Signed: ………………………………………………………………………….. Date:…………………..
(Chief Provincial Environment Officer)