Environmental pollution poses a significant threat to public health and natural resources. One of the principles of environmental and natural resources management and development under Article 255 (b) of the Constitution of Zambia is that the person responsible for polluting or degrading the environment must pay for the damage done.
In Zambia, the Environmental Management Act No. 12 of 2011 (EMA) provides a framework for addressing pollution-related liabilities. This article outlines the obligations of offenders, the rights of affected persons, and the penalties imposed under Zambian law.
Obligations of Offenders
Under Section 105 of the EMA, the Zambia Environmental Management Agency (ZEMA) inspectors are empowered to issue an environmental restoration order where a contaminant or pollutant discharge poses a risk to human health, property, or the environment.
The restoration order may require the responsible party to:
- Prevent the continuation or cause of pollution.
- Restore land by replacing soil, replanting trees, and preserving geological, archaeological, or historical features.
- Cease any activity that contributes to environmental hazards.
- Remove any waste or refuse and dispose of it properly.
- Restore the environment to its prior state as much as possible.
An environmental restoration order will specify a compliance timeframe. If no date is provided, compliance must be immediate. Failure to comply is an offence under Section 105(4) of the EMA and attracts a fine or imprisonment of up to three years. Additionally, continued non-compliance attracts further fines.
If the offender is a ZEMA licensee and breaches their license conditions, the Director General may issue a compliance order requiring the licensee to take specific measures to prevent or mitigate environmental harm. Failure to adhere to the order may result in license variation or revocation.
Furthermore, Section 110 of the EMA provides that any person may sue for damages arising from an act or omission that contravenes the EMA, even if they have not personally suffered harm. Compensation awarded by a court follows this priority order:
- Reimbursement of legal costs incurred by the plaintiff.
- Compensation for the plaintiff and other affected parties.
- Remaining funds divided equally between the Environmental Protection Fund and the plaintiff.
An action can be commenced by affected persons or any person in the public interest for environmental protection and conservation.
Penalties under Other Laws
ZEMA may also take necessary steps to remedy the breach and recover costs from the licensee.
Rights of Compensation for Affected Persons
The EMA grants affected individuals the right to seek legal redress.
- Section 109(1) of the EMA: Any person may submit a written request to the Director General of ZEMA to investigate an alleged contravention of the EMA.
- Section 36(1) of the Mines and Minerals Development Act No. 11 of 2015: The Director of Mines Safety or Director of Mines may suspend, curtail production, or close a mine where there is uncontrollable pollution from mining operations.
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Water Resources Act
Under Section 48(1) of the Water Resources Management Act, any person who discharges or disposes of organic or inorganic matter, effluent, or wastewater into a water resource, causing pollution, commits an offence.
Punishment:
- Fine or imprisonment for up to one year, or both.
- A convicted offender may also be ordered by the court to:
- Take remedial action as advised by the Water Resources Management Authority (WARMA).
- Reimburse WARMA for remedial measures taken.
- Pay compensation for any environmental damage caused.
Conclusion
Environmental protection is fundamental to sustainable development. Zambian law imposes strict obligations on individuals and entities to prevent and mitigate pollution.
Companies engaged in environmentally impactful activities must comply with licensing conditions and legal requirements. Failure to comply can result in:
- Significant penalties
- Civil liability
- Closure of operations, depending on the severity of the violation
Moreover, as Environmental, Social, and Governance (ESG) considerations become more central, companies risk losing their “social license” to operate if they fail to uphold responsible environmental practices.
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