General Principals
National
Environmental
Policy
 
3.. (1) It shall be the duty of every person to take all necessary and appropriate measures to protect and manage the environment and to conserve natural resources and to promote sustainable utilization of natural resources in accordance with this Act and any other written law relating to the protection and management of the environment or the conservation and sustainable utilization of natural resources. 

(2) Without prejudice to the generality of subsection (1), every person required under any written law to exercise power or perform functions relating to the protection and management or the environment or the conservation and the sustainable utilization of natural resources shall take such steps and measures as are necessary for— 

  1. promoting a clean environment in Malawi 

    2.  
  2. ensuring the sustainable utilization of the natural resources of Malawi; 

    3.  
  3. facilitating the restoration, maintenance and enhancement of the ecological systems and ecological processes essential for the functioning of Me biosphere, and the preservation of biological diversity; 

    4.  
  4. promoting public awareness and participation in the formulation and implementation of environmental and conservation policies of the Government; 

    5.  
  5. promoting co-operation with foreign governments and international or regional organizations in the protection of the environment and the conservation and sustainable utilization of natural resources; 

    6.  
  6. promoting scientific research, technological development and training relating to die protection and management of the environment or the conservation and sustainable utilization of natural resources 

    7.  
Natural
and
genetic
resources
 
4.. The natural and genetic resources of Malawi shall constitute an integral part of the natural wealth of the people of Malawi and— 
  1. shall be protected, conserved and managed for the benefit of the people of Malawi; and 

    2.  
  2. save for domestic purposes, shall not be exploited or utilized without the prior written authority of the Government.

    3.  
Right to 
a decent
environment
 
5.. (1) Every person shall have a right to a clean and healthy environment. 

(2) For purposes of enforcing the right referred to in subsection (1), any person may bring an action in the High Courts- 

  1. to prevent or stop any act or omission which is deleterious or injurious to any segment of the environment or likely to accelerate unsustainable depletion of natural resources;

    2.  
  2. to procure any public officer to take measures to prevent or stop any act or omission which is deleterious or injurious to any segment of the environment for which the public officer is responsible under any written law; 

    3.  
  3. to require that any on-going project or other activity be – subjected to an environmental audit in accordance with this Act
(3) Any person who has reason to believe that his or her right to a lean or City environment has been violated by any person may, instead of proceeding under subsection (2), file a written complaint to the Minister outlining the nature of his or her complaint and particulars, and the Minister shall, within thirty days from the date of the complaint, institute an investigation into the activity or matter complained about and shall give a written response to the complainant indicating what action the Minister has taken or shall take to restore the claimant's right to a clean and healthy environment, include instructing the Attorney General to take such legal action on behalf of the Government as the Attorney General may deem appropriate, 

(4) Subsection (3) shall not be construed as limiting the right of the complainant to commerce an action under subsection (2): 

Provided that an action shall not be commenced before the Minister has responded in writing to the complainant or where the Attorney General has commenced an action in court against any person on the bash of a complaint made to the Minister. 

 
Role of lead
agencies
 
6.. Nothing in the Act shall be construed as divesting any lead agency of the powers, functions, duties or responsibilities conferred or imposed on it by any written law relating to the protection and management of the environment and the conservation and sustainable utilization of natural resources or limiting such powers, functions, duties or responsibilities.
Inconsistent
provisions in 
other
written laws
 
7.. Where a written how on the protection and management of the environment or the conservation and sustainable utilization of nail resources is inconsistent with any provision of this Act, that written law shall h invalid to the extent of the inconsistency. 
Contents | Part I | Part II | Part III | Part IV | Part V 
Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII 
 I Assent,  Bakili Muluzi