CHINHOYI UNIVERSITY OF TECHNOLOGY

INDUSTRIAL MANAGEMENT (CUPE501)

GROUP ASSIGNMENT 1
TITLE: ENVIRONMENTAL MANAGEMENT ACT

GROUP MEMBERS

NAME REG NO

KUDZANAI SEKERERE C1213208F

TAWANDA GAMBUKIRA C1213232G
SAMUEL MOYO C1213661Y
MAO NZARAYEBANI C1214024S
LOUIS MUKUZE C121957H
MUNYARADZI MAWARIRA C1213846Z
TINOTENDA DZADAGU C1212745C
LOVEMORE MASVINGISE C1213450T
TRUSTWORTHY MAPHOSA C1213680T
TAURAI CHIPWANYA C1213177X
TAKUDZWA KAUNYE C1213828E
RONALD ZIKI C1213433A
TINASHE TAFIREI C1212911H
ENVIRONMENTAL MANAGEMENT ACT
The Environmental Management Act (Chapter 20:27) was enacted in 2002 (Act 13 of 2002) and
was amended on 25th March 2006. The Act aims to “provide for the sustainable management of
natural resources and protection of the environment; the prevention of pollution and
environmental degradation”. The Act also provides for the establishment of an Environmental
Management Agency and an Environmental Fund. The Act repeals the following former Acts:
 Natural Resources Act (Chapter 20:13)
 The Atmospheric Pollution Prevention Act (Chapter 20:03)
 The Hazardous Substances and Article Act (Chapter 15:05)
 Noxious Weeds Act (Chapter 19:07).
The Act was put in place in order to afford every citizen of Zimbabwe the following
environmental rights:
 The right to live in a clean environment that is not harmful to their health;
 Access to environmental information;
 The right to protect the environment for the benefit of present and future generations;
and
 The right to participate in the implementation of legislation and policies that prevent
pollution, environmental degradation and sustainable management and use of natural
resources, while promoting justifiable economic and social development.
The Environmental Management Act is a general legislative framework. It does not cover each
and every environmental aspect. It is a framework law that will be complemented by other laws
and policies that are not in conflict with it. However, where there are conflicts this Act will take
precedence. At the same time, this law will be supported by the setting up of the proposed
institutions and the passage of regulations by the Minister. Nevertheless, the Act provides the
general environmental principles that should be followed in environmental management.
Institutional and Administrative Structure for Environmental Management Act in
Zimbabwe
There are four main bodies which are responsible for the enforcement of the Act and related
policies which are the:
 Ministry of Environment and Natural Resources Management (MENRM)
 National Environmental Council (NEC)
 Environmental Management Board (EMB)
 Environmental Management Agency (EMA)
 ORGANISATIONAL RESPONSIBILITIES AND INSTITUTIONAL
ARRANGEMENTS

Ministry of Environment and

Natural

Resources Management

National Environmental Council

Environmental Management Environmental

Agency Management Board

Provincial and District Standards & Enforcement

administrative structures Committee

Ministry of Environment and Natural Resources Management

The ministry with overall responsibility for the Environment is the Ministry of Environment and
Natural Resources Management (MENRM), formerly known as the Ministry of Environment and
Tourism. The general functions of the Minister of Environment and Natural Resources
Management are to:
 Regulate the management of the environment and to promote, co-ordinate and monitor
the protection of the environment and the control of pollution;
 Regulate the activities of all government agencies and other agencies on their impact on
the environment;
 To lay before Parliament a report on the state of the environment at the end of every five
years;
  Monitor the environment and trends in the utilization of natural resources and the impact
of such utilization on the environment;
 To co-ordinate the promotion of public awareness and education on environmental
management;
 To ensure that persons and institutions that are responsible for causing environmental
harm will meet the cost of remedying that harm;
 To formulate and cause to be implemented policies for environmental management;
 To recommend to government which international and regional conventions and treaties
on the environment that Zimbabwe should become a party to and secure their
incorporation into domestic law.
The Minister may delegate to the Agency or the Council such of his functions under this Act as
he thinks fit.
National Environmental Council
The functions of the National Environmental Council are:
 to give advice on policy formulation and directions on the implementation of the
Environmental Management Act;
 to give advice on national goals and objectives for the protection of the environment;
 to promote co-operation among public departments, local authorities, private sector,
NGOs, and other organizations that deal with environmental issues;
 to review and recommend to the Minister guidelines for environmental management
plans and environmental action plan; and
 to review the national environmental plan.
Environmental Management Board
The Agency is controlled and managed by the Environmental Management Board which is
composed of experts from the areas of environmental planning and management, environmental
economics, ecology, pollution, waste management, soil science, hazardous substances, water
and sanitation. In addition, there is a legal representative and a secretary to the Ministry
responsible for the environment.
Standards and Enforcement Committee
There is hereby established a Standards and Enforcement Committee to be a committee of the
Board.
Functions of the Standards and Enforcement Committee:
 Advise the Environmental Management Board on criteria and procedures to be followed
for measuring water quality;
  Recommend the minimum water quality standards for different uses such as drinking
water, water for industrial use, agricultural use, recreational purposes, fisheries, wildlife
and any prescribed use of water;
 Analyse and submit to the Board conditions for discharge of effluent into the
environment;
 Prepare and recommend to the Board, guidelines or regulations for the preservation of
fishing areas, aquatic areas, water sources and reservoirs;
 Identify and recommend to the Board areas of research on the effect of water pollution
on the environment, human beings, flora and fauna;
 Advise the Board to carry out investigations of actual or suspected water pollution;
 Collect, maintain and interpret data from industries and local authorities on the
pretreatment, nature and levels of effluents;
 Recommend to the Board measures necessary for the treatment of effluent before being
discharged into the sewerage system;
 Recommend to the Board measures necessary for the treatment of effluent before being
discharged into the water.
Sections 55-86 of the EMA deal with environmental quality standards for:
 Water pollution (s. 57-59)
 Air quality (s. 63-68)
 Waste management (s. 69-76)
 Noise (s. 80-81)
 Noxious smells (s. 82)
 Littering (s. 83)
 Radioactive wastes (s. 84).
These sections empower the Minister (on the recommendations of the Standards and
Enforcement Committee) to prescribe emission limits and quality standards for the various
pollutants and emissions listed. The relevant sections also required owners or operators of
polluting facilities/activities to obtain a license from the Environmental Management Board and
penalties, fines and measures of recourse for non-compliance are outlined.
Environmental Management Agency (EMA)
The Environmental Management Agency was established in 1975 following the promulgation of
the Environmental Management Act (Chapter 20:27) in 2002. The Agency merge the
Department of Natural Resources, the Water Pollution Control Unit, the Hazardous Substances
Control Unit and the Air Pollution Control Unit. The primary purpose of the Agency is to
regulate the management of the environment and to promote, coordinate and monitor the
protection of the environment and the control of pollution.
The functions of the Agency are:
- To formulate quality standards on air, water, soil, noise, vibration, radiation and waste
management.
- To assist and participate in any matter pertaining to the management of the environment; and in
particular to: -
(i) develop guidelines for the preparation of the national plan, environmental management plans
and local environmental action plans.
(ii) regulate and monitor the collection, disposal, treatment and recycling of waste.
(iii) regulate and monitor the discharge or emission of any pollutant or hazardous substance into
the environment.
(iv) keep records in the form of registers of all licenses and permits issued under the
Environmental Management Act.
(v) regulate and monitor the control of invasive alien species.
(vi) regulate, monitor, review, and approve environmental impact assessments.
(vii) regulate and monitor the management and utilisation of ecologically fragile ecosystems.
(viii) make model by-laws to establish measures for the management of the environment within
the jurisdiction of the local authorities.
(ix) develop and implement incentives for the protection of the environment.
(x) recommend to the Government the conventions which the country may join, and incorporate
their provisions into national law.
(xi) co-ordinate the production of a report on the state of the environment every five years.
(xii) undertake any work deemed necessary or desirable for the protection or management of the
environment where it appears to be in the public interest or where in its opinion an appropriate
authority has neglected to do so.
(xiii) serve written orders on any persons requiring them to undertake or adopt such measures as
are specified in the orders to protect the environment.
(xiv) carry out periodic environmental audits of any projects including projects whose
implementation started before the fixed date for the purpose of ensuring that their
implementation complies with the requirements of this Act.
(xv) regulate and monitor access by any person to the biological and genetic resources of
Zimbabwe.
(xvi) recommend to the Minister of Environment and Natural Resources the formulation of any
regulations pertaining to the provisions of this Act.
(xvii) carry out any other duties and functions as directed by the Minister.
Departments in The Agency and Their Roles
Environmental protection Department
The role of the department is to provide environmental protection services. The department
provides environmental protection through the enforcement of environmental legislation and
standards. EP is responsible for the following:
1. Environment Impact Assessments (EIA) and ecosystems protection
2. Monitoring, regulation and control of hazardous substances and hazardous waste, air,
water, effluent and solid waste
3. Provision of laboratory analytical services
Environmental Management Services
This department has the mandate to collate and disseminate environmental information. Key to
its operations is stakeholder participation. The EMS department is the national hub of
environmental information. It spearheads all national environmental events and promotes
community participation in safeguarding the environment through the following:
 · Raise awareness on environmental issues
 · Consultancy and specialist services
 · Training and capacity building of stakeholders
 · Provision of up to date environmental information
 · Land degradation, erosion and hazard monitoring
 · State of Environmental Reporting
 · Land use and environmental planning
 · Project planning
 · Local environmental action Planning (LEAP)
Environmental Impact Assessment(EIA)
To embark on any engineering project, the engineer has to first compile an Environmental
impact assessment report and have it assessed by the Environmental Management Agency who
will then award a license for the project if it meets set regulations and standards.
The provisions of the EMA which relate to EIAs in particular are set out in section 97 of the Act
and summarised below:
 A person who proposes to embark on any of the projects listed in the First Schedule
(Appendix 16-1) is expected to submit an environmental impact assessment report to the
Director-General;
 The developer can only embark on the project if he/she has obtained a certificate from the
Director-General;
 The developer is expected to submit a prospectus to the Director-General with
information on the assessment and the project (see section 16.4.1);
 It is an offence for any person to knowingly implement a project without a certificate
showing that an environmental impact assessment has been carried out.
Some of the sectors in which environmental impact assessments should be carried out are as
follows (see also Appendix 16-1):
 Dams and manmade lakes;
 Drainage and irrigation;
 Housing developments;
 Industry;
 Mining and quarrying;
 Petroleum production, storage and distribution;
 Power generation and transmission;
 Tourist, resorts and recreational developments;
 Waste treatment and disposal;
 Water supply;
 Conversion of forest land into other use;
 Conversion of natural woodland to other use within the catchment area of reservoirs used
for water supply, irrigation or hydropower generation or in areas adjacent to the Parks
and Wildlife Estate.
Regulations
In 2007, several Statutory Instruments (SI) were passed in terms of section 140 of the EMA
(Chapter 20:27). These regulations are significant in that they operationalise the Act in the
sectors which they cover. They provide for the specific procedures to be followed in complying
with the provisions of the Act. More importantly, they incorporate the modern principles of
environmental management such as polluter pays, public participation, preventive principle,
environmental rights and so on.
Environmental Management (Environmental Impact Assessments and Ecosystems
Protection) Regulations, Statutory Instrument No. 7 of 2007
The Environmental Management (Environmental Impact Assessments and Ecosystems
Protection) Regulations, deal with the regulation of the Environmental Impact Assessment (EIA)
process and protection of ecosystems. Part 11 of the Act provides that no industrial project shall
be implemented without an EIA having been done. These regulations provide the method of
doing the EIA. The developer has to submit a prospectus to the Agency (see section 16.4.1)
which issues a license if satisfied by the contents of the prospectus. The prospectus has to
contain details of the environmental impacts of the project and the measures to be taken to
contain or mitigate against such impacts. In preparing an EIA, a developer is obliged to consult
widely with all stakeholders. The Agency will not issue a license if it is not satisfied that the
developer consulted with all stakeholders in the preparation of the prospectus. It should also be
noted that projects which began before the Act was promulgated are subject to periodic
environmental audits by the Agency.
Waste and Solid Waste Disposal Regulations, Statutory Instrument No. 6 of 2007
The Waste and Solid Waste Disposal Regulations, regulate the disposal of effluent and solid
waste. It prohibits any person from disposing waste into a public stream or ground water without
a license. Furthermore, every generator of waste (except households) is now required to come up
with a waste management plan by 31st December each year which deals with quantity of waste,
components of the waste, goals for reduction of the quantity and pollutant discharges of the
waste, transportation and disposal of the waste and adoption of environmentally sound
management of the wastes. It is an offence for any waste generator to fail to produce the waste
management plan.
Hazardous Substances, Pesticides and Toxic Substances Regulations, Statutory Instrument
No. 12 of 2007
The Hazardous Substances, Pesticides and Toxic Substances Regulations provide for the
labelling, packaging, repackaging and sale of hazardous substances or articles containing
hazardous substances in Zimbabwe. The regulations prescribe conditions which have to be
observed by employers over the handling of hazardous substances at the workplace, conditions
for transporting hazardous substances and procedures to be followed when there is an accidental
spillage of hazardous substances in Zimbabwe.
The Agency is empowered to issue spot fines to any person who violates the law. In addition,
any person whose substances affect the environment is liable to pay for the cost of restoring the
environment i.e. the polluter pays principle. The offender is also liable to pay compensation for
any damage caused by the offence to any person.
The Environmental Impact Assessment Guidelines (1997)
To support the 1997 Environmental Policy, the MET published EIA guidelines to facilitate the
implementation of EIAs within specific sectors.12 These guidelines cover:
 Mining and quarrying
 Forestry
 Agriculture
 Transport
 Energy
 Water
 Urban infrastructure, and
 Tourism.
For each of these sectors, the guidelines provide examples of major activities that are likely to be
undertaken for projects in that sector; the type of environmental impacts; possible measures for
managing such impacts; sample terms of reference; and sources of information for use in an EIA
study. Government authorities, developers and EIA practitioners use the guidelines, which
provide valuable assistance in implementing EIAs and improving the quality of sector-specific
EIAs.
Permits and Licenses
In the past, permits for new projects were granted by the Regional, Town and Country Planning
Act (Chapter 29:12). Under the new EIA Regulations (SI No 7 of 2007), this has changed, and
local authorities can only issue licenses to developers after first having sight of the license from
the Agency confirming that an approved EIA has been done.
Funding and Fees
Project developers are responsible for preparing EIA reports and for meeting the costs associated
with the preparation of the report including the studies, research and compilation of the report.
The GoZ requires a fee to be paid for the review of the EIA by the Agency. These fees change
quarterly and therefore people are advised to consult the Agency regarding the fee tariffs.
Contents of an Environmental Impact Assessment Report.
If the Director-General approves the prospectus, he may also set out certain conditions relating to
the scope of the assessment, including the appointment of an independent expert in
environmental assessment to prepare the EIA Report. The developer is required to comply with
these conditions. EIA Reports must contain the following information:
  A detailed description of the proposed project and the activities which will be undertaken
during its implementation;
 Reasons for the selection of the proposed site of the project;
 A detailed description of the direct, indirect, cumulative short- and long-term impacts the
project will have on the various sections of the environment;
 Specification of the measures proposed for eliminating reducing or mitigating the
anticipated adverse effects of the project;
 Identification and description of methods for monitoring and managing the adverse
environmental effects;
 An indication of whether the environment of any other country is likely to be affected by
the project and the measures that will be taken to minimise any damage to that
environment;
 How the developer plans to integrate biological diversity into the project (where
applicable); and
 A concise description of the methodology used by the developer when compiling the EIA
report.
There are certain projects that may be deemed to be exempt from an EIA after the Agency has
reviewed the prospectus according to their screening guidelines. A project will be considered to
be exempt from undergoing an EIA if:
 It does not utilise natural resources to such an extent that current and future use of those
resources will be affected;
 The potential environmental impacts are minor and can be easily managed;
 the type of project, its environmental impacts and measures for managing these impacts
are clearly understood in Zimbabwe;
 The environmental impacts and the measures for managing them have already been
clearly incorporated into the project design;
 It will not displace a significant number of people;
 It is not undertaken in environmentally sensitive areas such as national parks, wetlands,
productive agricultural lands, sites protected by legislation or sites with rare or
endangered species;
 It will not result in significant emissions of pollutants or release of waste materials whose
disposal is not covered by existing legislation.
The size of the project and the potential for the displacement of people are considered
particularly important criteria.
Every developer shall take all reasonable measures to prevent or mitigate any adverse or
undesirable impacts on the environment that may arise through the implementation of the
project. The measures taken shall be reported to the Director-General unless they are already
contained within the EIA report.
Consideration of EIA Report and Issuing of Certificates.
The Agency will review the final EIA Report or, if the Agency does not have adequate expertise
in a particular area they may ask other government departments to review the report for example:
The Forestry Commission, the Zambezi River Authority and so on. On reviewing the report, the
Agency can:
 Approve the project to which the EIA report relates;
 Require the developer to conduct a further EIA for part or the whole of the project;
 Request the developer to supply additional information or complete such as other tasks as
the Director-General considers necessary.
The Director-General will consider the following when deciding whether or not to approve a
project’s EIA:
 The likely impacts of the proposed project as well as the actual impacts on the
environment of any existing similar projects;
 The extent to which the project complies with the National Plan as well as any LEAPs;
 Any consultations with any authorities’ organizations, communities, agencies or persons
which in his opinion has an interest in the project.
If the project is approved, then the Director General will issue the developer a Certificate which:
 Identifies the project;
 Contains the name and address of the developer, or if the developer is a company the
registered office of the company;
 States the date of issue of the certificate and the date of expiry of the certificate;
 Sets out any conditions imposed by the Director-General;
 Sets out any other matters deemed necessary by the Agency or the Director-General.
Once a certificate has been issued, the developer may then approach the relevant authorities for a
permit to implement a new project. The certificate is valid for two years from the date of issue.
It may be extended by not more than a year for a project that has commenced, but is not
completed within the stipulated period. However, if the project is not commenced within the
two-year period then the validity of the certificate expires and a new certificate will need to be
applied for. The Director-General will keep a register of certificates which is open to inspection
by the public. Transfer of certificates between people is prohibited without prior approval of the
Director-General.
The Director-General is also able to amend, suspend or cancel a certificate if new information is
provided which indicates that the project is a potential source of pollution or any other threats to
the environment which require a new EIA to be conducted. The Director-General may also
amend the certificate or any of the conditions under which the certificate was issued including
directions on minimizing or preventing threats to the environment in the planning, execution and
monitoring of the project. The developer must also inform the Director-General if the project is
not implemented of if the project is altered within the period of the certificate’s validity.
The EIA policy states that the review should be completed within 60 days. If this deadline is not
met, then it can be assumed that the EIA Acceptance has been granted. However larger projects
and developers seek to obtain official EIA Acceptance in order to safeguard against possible
future repercussions.
In the case of the project being rejected the developer has 10 days in which to lodge and appeal
with the Ministry.
Appeals
Any person who is not satisfied with the decision or action of any authority can appeal against
that decision or action in writing to the Minister, who in turn, will refer it to the Administrative
Court, which will decide whether to confirm, vary or set aside the decision or action appealed
against (s. 130 of the EMA). Any person who is aggrieved by the decision or action of an
inspector is allowed to appeal against that decision to the Director-General of the Agency (s. 129
of the EMA).
Environmental Audits of Projects
Section 106 of the EMA allows the Director-General to carry out periodic environmental audits
of any project including those which commenced before a fixed date for the purposes of ensuring
that the project is in compliance with the Act and any conditions set out by the Agency on their
certificate. The developer is also required to keep such records and reports for submission to the
Agency as the Director-General may specify.
Inspection of EIA Reports
Any EIA Report will be available for public inspection at any reasonable time at the Director-
General’s office. The information contained within the report is not to be used by any person for
personal benefit other than for civil proceedings under the Act or any other law as a matter
relating to the protection of the environment.
Public Consultation Process
Public participation is a requirement of the EIA process and the policy states that the public
should participate in the preparation and review of EIA reports. However, in practice public
participation has been more or less limited to consultation with the affected communities. These
consultations typically focus on determining the probable impacts and the mitigation measures
that will be acceptable to the community involved. Consultation methods include questionnaire
surveys, group discussions and informal and formal meetings with community or local leaders. A
few large public meetings have been conducted for very large projects, but generally the public is
unaware of the importance of the role they can play in the EIA process. Centralization of the EIA
review process also has not promoted public participation.
Quality Assurance
The quality of the EIAs produced is promoted by the need for the Agency to review and approve
the EIA report and the terms of reference (ToR). In addition, the review of the EIA report by
various concerned government departments and possibly, by experts invited by the Agency, go a
long way to ensuring that the EIAs produced are of acceptable quality. In addition, no projects
can be approved before an official EIA Acceptance has been issued.
Activities of the Environmentally Conscious Engineer
 Design process
Encourage and enforce the engineers to design with the environment in mind hence reducing
harmful substances to the environment
Example section 56 of the act which state that: recommend to the Board minimum water quality
standards for different uses
Functions of the Standards Enforcement Committee
The Standards and Enforcement Committee shall, in consultation with the Agency—
(a) Advise the Board on how to establish criteria and procedures for the measurement of water
quality;
(b) Recommend to the Board minimum water quality standards for different uses, including—
(i) Drinking water;
(ii) Water for industrial purposes;
(iii) Water for agricultural purposes
(iv) Water for recreational purposes.
(v) Water for fisheries and wildlife.
(vi) Any other prescribed water use.
This affect the environmental engineers in the local boards to adhere to the standards of the act,
if the engineers provide water that is not within the range of the act, there are penalties for that

 Innovation
Monitors the manufacturing processes hence engineers can innovate new pollution free
manufacturing processes.
Example is section 57 of the act which state that :Any person, who discharges or applies any
poison or toxic, noxious or obstructing matter, radioactive waste or other pollutants or permits
any person to dump or discharge such matter into the aquatic environment in contravention of
water pollution control standards shall be guilty of an offence and liable for imprisonment for a
period not exceeding five years, or to a fine not exceeding five million dollars, or to both such
fine and such imprisonment.

 Quality
The engineers are encouraged to adhere to quality in the products that they manufacture, hence
products and services that are of higher quality are produced, this can be done by a critically
assessing the design stages of product and services
According to section 59 of the act state that: 59 Effluent to be discharged only into sewerage
system
(1) Every owner or operator of a trade or industrial undertaking shall discharge any effluent or
other pollutants originating from the trade or industrial undertaking only into an existing
sewerage system, and the local authority operating or supervising such sewerage system shall
issue, at a prescribed fee, the necessary licence for the discharge.
(2) The proponent or owner of a trade or an industrial undertaking shall prior to being granted a
licence to discharge effluents into the environment, install an appropriate plant for the treatment
of such effluents before they are discharged into the environment.

 Maintenance of machinery
Encourage engineers to continuously monitor the conditions of their machinery hence keeping
them in good condition by maintenance. According to chapter 68 the Emission by motor vehicles
and other conveyances
(1) No owner or operator of a transport conveyance shall operate it in such a manner or condition
as to cause air pollution in contravention of prescribed emission standards for the class of
transport conveyance concerned.
(2) Subject to this section, any operator of a transport conveyance who pollutes the environment
by contravening the emission standards referred to in subsection commits an offence
 Recycling
The act encourages engineers to manufacture product with recyclable material. According to
chapter 70 Prohibition against discharge of wastes.
(1) No person shall discharge or dispose of any wastes, whether generated within or outside
Zimbabwe, in such a manner as to cause pollution to the environment or ill health to any
person

 Safety
Engineers should produce products that are safe both to the environment and people
According to chapter 74 Standards of pesticides and toxic substances (1) The Standards and
Enforcement Committee, in consultation with the Agency, shall recommend to the Board draft
standards or measures to be prescribed— (a) for the concentration of pesticides residues in raw
agriculture commodities, processed foods and animal feed (b) to regulate the importation,
exportation, manufacture, storage, distribution, sale, use, packaging, transportation and
advertisement of pesticides and toxic substances;

ACRONYMS
EIA Environmental Impact Assessment
EMA Environmental Management Act
EMA Environmental Management Agency
EMP Environmental Management Plan
GoZ Government of Zimbabwe
EMB Environmental Management Board
LEAP Local Environmental Action Plan
MENRM Ministry of Environment and Natural Resources Management
MET Ministry of Environment and Tourism (old name)
NGO Non-governmental Organisation
ToR Terms of Reference