ADMINISTRATION
Duties and
powers of
the
Minister
 
8.  It shall be the duty of the Minister to promote the protection and management of the environment and the conservation and sustainable utilization of natural resources, and the Minister shall, in consultation with lead agencies, take such measures as are necessary for achieving the objects in this Act.

Without prejudice to the generality of the foregoing, the Minister shall— 

  1. formulate and implement policies for the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

  2.  
  3. co-ordinate and monitor all activities concerning the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

  4.  
  5. prepare plans and develop strategies for the protection and management of the environment and the conservation and sustainable utilization of natural resources, and facilitate cooperation between the Government, local authorities, private sector and the public in the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

  6.  
  7. initiate, facilitate or commission research and studies on any aspect of the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

  8.  
  9. prepare and lay before the National Assembly at least once in every year a report on the state of the environment; 

  10.  
  11. co-ordinate the promotion of public awareness on the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

  12.  
  13. monitor trends in the utilization of natural resources and the impact of such utilization on any segment of the environment; 

  14.  
  15. receive and investigate any complaint by any person relating to the protection and management of the environment and the sustainable utilization of natural resources; 

  16.  
  17. recommend to the Government, on the advice of the Council, international or regional treaties, conventions or agreements relating to the protection and management of the environment and the conservation and sustainable utilization of natural resources to which Malawi should become party; 

  18.  
  19. promote international and regional co-operation in the protection and management of the environment and the conservation and sustainable utilization of natural resources shared between Malawi and other countries; 

  20.  
  21. on the recommendations of the Council, prescribe, by notice published in the Gazette, projects or classes or types of projects, for which environmental impact assessment is necessary under this Act; 

  22.  
  23. on the recommendations of the Council, prescribe, by notice published in the Gazette, environmental quality criteria and standards necessary for the maintenance of essential ecological processes and a healthy environment;

  24.  
  25. carry out such other activities and take such other measures as may be necessary or expedient for the administration and achievement of the objects of this Act. 
In discharging his duties under this section, the Minister shall, where appropriate, consult the Minister responsible for any segment of the environment. 
Appointment of
Director of
Environmental
 
9.  There shall be appointed in the public service a Director of Environmental Affairs (in this Act otherwise referred to as the "Director") and such other suitably qualified public officers as may be required for the proper administration of this Act. 

The Director shall

  1. carry out the duties and functions provided under this Act and such other duties as the Minister may, from time to time, assign to him; 

  2.  
  3. be responsible to the Minister for the proper discharge of his functions under this Act and for the implementation of such policies relating to the protection and management of the environment and the conservation and sustainable utilization of natural resources as the Minister may determine;

  4.  
  5. furnish the Council with such information or documents as the Council may require and, from time to time, report to the Council the status of the environment and natural resources.

  6.  

 
Establishment
and
composition
of the
National
Council
for the
Environment
 
10. There is hereby established a council to be known as the National Council for the Environment (in this Act otherwise referred to as the "Council") which shall consist of— 
  1. the Chairman of the Council who shall be appointed by the President on the recommendation of the Minister; 
  2. the Secretary to the President and Cabinet, or his representative; 
  3. all Principal Secretaries of Ministries, or their representatives; 
  4. the General Manager of the Malawi Bureau of Standards, or his representative; 
  5. the General Manager of the National Herbarium and Botanical Gardens of Malawi, or his representative; 
  6. one member nominated by the Malawi Chamber of Commerce and Industry representing the industrial sector and appointed by the Minister; 
  7. one member nominated by and representing non governmental organizations concerned with He protection and management of the environment and the conservation of natural resources and appointed by the Minister; 
  8. one representative of the University of Malawi appointed by the Minister; 
  9. one member nominated by and representing the National Commission for Women in Development and appointed by the Minister. 
The Vice Chairman of the Council shall be appointed by the Minister from amongst the members of the Council who are not public officers. 

The Director shall be the Secretary to the Council. 
 

Tenure of
office and
vacancies
 
11. The Chairman, Vice- Chairman and the members of the Council referred to in section 10 (2) (13 to (i) shall hold office for three years and shall be eligible for re-appointment. 

The Chairman, Vice- Chairman and any member referred to in section 10 (2) (f) to (i) shall cease to be a member of the Council— 

  1. if he or she resigns as a member of the Council; 
  2. if he or she ceases to be a member or employee of the organization that nominated him or her for appointment as a member of the Council; 
  3. if, upon conviction of any offense, he or she is sentenced to a term of imprisonment exceeding six months without the option of a fine; 
  4. if he or she is of unsound mind; and 
  5. in circumstances where the member is compromised to such an extent that his or her ability to impartially exercise the duties of his or her office is seriously in question. 
.
Functions
of the
Council
 
12. The Council shall— 
  1. advise the Minister on all matters and issues affecting the protection and management of the environment and the conservation and sustainable utilization of natural resources;
  2. recommend to the Minister measures necessary for the integration of environmental considerations in all aspects of economics planning and development; 
  3. recommend to Me Minister measures necessary for the harmonization of activities, plans and policies of lead agencies and non governmental Organizations concerned with the protection and management of Me environment and die conservation and sustainable utilization of natural resources. 
Proceedings
of the
Council
 
13. Save as is provided in this section, the Council shall regulate its own procedures 

The Council shall hold at least four ordinate meetings in a year, and such number of extraordinary meetings as may be necessary, at such place or places and at such time or times, as the Chairman my determine 

The Chairman shall convene an extraordinary meeting on his own motion or at the request of one third of the members of the Council within such reasonable period as the chairman shall deem appropriate.

Half of the members shall form a quorum at a meeting of the Council. 

The Chairman, or in his absence the Vice- Chairman, shall preside at any meeting of the Council and, in the absence of both the Chairman and the Vice Chairman, the members present shall elect amongst their number a chain to preside at the meeting of the Council. 

A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.

The Council may invite any person whose presence is in its opinion desirable to attend and participate in the deliberations of the Council but that person shall have no right to vote.

The Council shall cause to be kept minutes of the proceedings of every meeting of Me Council and of every meeting of any committee constituted by the Council.
 

Disclosure
of
interest
 
14. If any person is present at a meeting of the Council or a committee of the Council at which any matter in which that person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council or committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. 

A disclosure of interest made under this section shall be recorded in the minutes of the Mating at which it is made.
 

Allowances of
members of the
Council
 
15. A member of the Council or committee shall be paid such allowance as the Minister may determine.
Technical
Committee
on the
Environment
 
16. There is hereby established a committee to be known as the Technical Committee on the Environment (in this Act otherwise referred to as the "Technical Committee") which shall consist of not less than ten members and not more than twenty members each of whom shall have sufficient knowledge and training in the protection and management of the environment and the conservation and sustainable utilization of natural resources. 

The members of the Technical Committee shall be appointed by the Minister on the recommendation of the Council and shall serve in a personal capacity for such period, and shall be paid such allowances and remuneration, as the Minister may determine. 

A member of the Technical Committee may, by written notice to the Minister, at any time resign his position
 

Functions
of the
Technical
Committee
 
17. The Technical Committee shall—
  1. examine any scientific issue which may be referred to it by the Minister, the Council, the Director or any lead agency relating to the protection and management of the environment and sustainable utilization of natural resources and shall recommend to the Minister, the Council or lead agency, as the case may be, such action as is necessary for achieving the purposes of this Act; 

  2.  
  3. Carry out investigations Ad conduct studies into the scientific, social and economic aspects of any activity, occurrence, product or substance which may be referred to the Minister, the Council, she Director or any lead agency and shall, at the completion of the investigation or study, recommend to the Minister, the Council or lead agency, as the case may be, such action as is necessary for achieving the objectives of this Act; 

  4.  
  5. recommend to the Council the criteria, standards and guidelines for environmental control and regulation, including the form and content of environmental impact assessments. 
 
Proceedings
of the
Technical
Committee
 
18. The Technical Committee shall adopt its own rules of procedure and every meeting of the Committee shall be presided over by a Chairman elected by the members from amongst their number, and the Director shall be the Secretary to the Committee. 

The Technical Committee may, where it deems it necessary, invite any person to attend and participate in the meetings of the Committee provided that such a person shall not have a right to vote at such a meeting. 
 

Functions
of District
Development
Committees
 
19. A District Development Committee shall, in addition to its existing role 
  1. under the supervision of the Distinct Environmental Officer, prepare every five years, a district environmental action plan 

  2.  
  3. coordinate the activities of lead agencies and non governmental organizations in the protection and management of the environment and conservation and sustainable utilization of natural resources in He district; 

  4.  
  5. promote and disseminate information relating to the environment through public awareness programmes and prepare reports on the state of the environment in the district every two years at least two months before the end of each second calendar year.
 
District
Environmental
Officer
 
20. There shall be appointed for each district a District Environmental Officer who shall be a public officer. 

The District Environmental Officer shall be a member of the District Development Committee and shall 

  1. advise the District Development Committee on all matters relating to the environment and in the performance of its functions under section l9; 

  2.  
  3. report to the Director on all matters relating to Be protection and management of the environment and conservation and sustainable utilization of natural resources; 

  4.  
  5. submit such reports to the Director as the Director may require 

  6.  
  7. promote environmental awareness in the district on the protection and management of the environment and the conservation of natural resources; 

  8.  
  9. gather and manage information on the environment and the utilization of natural resources in the district; and 

  10.  
  11. perform such other functions as the Director may, from time to time, assign to him. 
 

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