ARRANGEMENT OF SECTIONS SECTION

ARRANGEMENT OF SECTIONS SECTION

An Act to make Provision for the protection and management of the environment and the conservation and sustainable utilization of natural resources and for matters connected therewith and Incidental thereto

ENACTED by the Parliament of Malawi as follows:

I ASSENT,
Dr. Bakili Muluzi
The State President of the Republic of Malawi

PRELIMINARY

1. Short title and commencement
2. Interpretation

GENERAL PRINCIPLES

3. National environmeta1 policy
4. Natural and genetic resources
5. Right to a decent environment
6. Role of lead agencies
7. Inconsistent provisions in other written laws

ADMINISTRATION

8. Duties and powers of the Minister
9. Appointment of Director of Environmental Affairs
10. Establishment and composition of the National Council for the Environment
11. Tenure of office and vacancies
12. Functions of the Council
13. Proceedings of the Council
14. Disc1osure of interest
15. Allowances of members of the Council
16. Technical Committee on the Environment
17. Functions of the Technica1 Committee
18. Proceedings of the Technical Committee
19. Functions of District Development Committees
20. District Environmental Officer

ENVIRONMENTAL PLANNING

21. Environmental planning at national level
22. Purposes and contents of action plan
23. Planning at district level

ENVIRONMENTAL IMPACT ASSESSMENT, AUDITS AND MONITORING

24. Projects for which an environmental impact assessment is required
25. Environmental impact assessment reports
26. Review of environmental impact assessment reports
27. Environmental audits
28. Monitoring existing projects
29. Fees

ENVIRONMENTAL QUALITY STANDARDS

30 Power to prescribe environmental quality standards

ENVIRONMENTAL MANAGEMENT

31. Environmental incentives
32. Environmental protection areas
33. Environmental protection orders
34. Enforcement of environmental protection orders
35. Conservation of biological diversity
36. Access to genetic resources
37. Waste management
38. Licences for waste
39. Importation and exportation of hazardous waste
40. Classification of pesticides and hazardous substances
41. Protection of the ozone layer

POLLUTION CONTROL

42. Discharge of pollutants
43. Licence to discharge effluent, etc.
44. Prohibition of pollution

INSPECTION, ANALYSIS AND RECORDS

45. Environmental inspectors
46. Powers of inspectors
47. Procedure for taking samples
48. Establishment or designation of analytical laboratories
49. Appointment of analysts
50. Certificate of analysis, etc.
51. Keeping of records
52. Public access to information and prohibition of disclosure

ENVIRONMENTAL FUND

53. Establishment of Environmental Fund
54. Vesting of Fund in the Minister
55. Advances to the Fund
56. Objects of the Fund
57. Application of the Fund
58. Books and other records of accounts, audit and reports of the Fund
59. Holdings of the Fund
60. Financial year

OFFENCES

61. General offences
62. Hindering obstructing, etc., of inspectors
63. Offences relating to environmental impact assessments
64. Offences relating to records
65. Offences relating to environmental standards and guidelines
66. Offences relating to hazardous materials, processes and wastes
67. Offences relating to pollution

LEGAL PROCEEDINGS

68. Immunity of officials
69. Establishment of Environmental Appeals Tribunal
70. Composition of Tribunal
71. Failure to attend
72. Representation of parties
73. Enforcement orders
74. Costs
75. Liability of bodies corporate, etc.

MICESLLANEOUS PROVISIONS

76. Closure Of premises
77. Regulations