1. such fiscal incentives as are necessary for promoting the protection and management of the environment and the conservation and sustainable utilization of natural resources; and 

 
2. such measures as are necessary for preventing the unsustainable use of natural resources and controlling the generation of pollutants. 

In determining whether or not to declare any area an environmental protection area, the Minister shall have regard to— 

1. representations made by any person who has sufficient interest in the area; 

 
2. the natural features and beauty of the area; 

 
3. the flora and fauna of the area; 

 
4. the unique or special geological, physiographical, ecological or historical and cultural features of the area;

 
5. any special scientific feature or biological diversity of or existing in the area; 

 
6. the proneness of the area to any hazards against which the area requires protection;

 
7. the interests of the local communities in or around the area; 

 
8. the need for the Government to comply with any international obligation under any treaty, convention or an agreement to which Malawi is party. 

The Director shall, in consultation with relevant lead agencies, prepare an environmental protection plan for the protection and management of every environmental protection area, and the environmental protection plan shall— 

1. set out policies for the protection and management of the environmental protection area; and 

 
2. provide for the development of social amenities and facilities necessary for carrying out scientific research in the environmental protection area. 

1. take such measures as are necessary for the restoration of any land degraded by reason of the activities of the person against whom the environmental protection order is made including the replacement of soil, the replanting of trees and other flora, and the restoration, as far as may be possible, of unique geological, physiographical, ecological or historical features of the land and of waste disposal sites; 

 
2. stop, prevent or modify any action or conduct which causes or contributes or is likely to cause or contribute to pollution; 

 
3. remove, at the expense of the person against whom the environmental protection order is made, any waste or refuse deposited by that person, or with his or her knowledge cr. authority, in a place specified in the environmental protection order and to dispose of the waste or refuse in such manner and place and within such period as may be specified in the environmental protection order; 

 
4. pay such compensation as may be specified in the environmental protection order to any person whose land is degraded by the action or conduct of the person against whom the environmental protection order is made.

An environmental protection order issued under subsection (1) shall, in addition to the matters referred to in that subsection, specify— 

1. the activity considered by the Director to be detrimental to the protection and management of the environment and the conservation and sustainable utilization of natural resources; 

 
2. the particulars of the person or persons against whom it is made; 

 
3. the period within which anything required to be done by the person against whom it is made shall be done; 

 
4. the penalties which may be imposed for non-compliance with the environmental protection order; and 

 
5. such other matters as the Director may consider necessary for the protection and/management of the environment and the conservation and sustainable utilization of natural resources. 

The Director shall have power to inspect, at any reasonable time, any activity on/any premises for purposes of determining whether the activity i/ harmful to the environment or the conservation of natural resources or whether to make an environmental protection order under Subsection (l). 

For purposes of subsection (4) the Director may enter any premises at any reasonable time to enforce the environmental protection order and the Director shall not be responsible for the consequences of any action reasonably taken by him in good faith under this section. 

Subject to subsection (5), any person aggrieved with the environmental protection order may, within thirty days from the date on which it is made, appeal to the Tribunal, and the appellant shall indicate whether the appeal is against the whole environment protection order or against only a part or parts thereof and, if so, which pan or pans. 

The Director may delegate the power referred to in subsections (4) and (5) to an inspector or any person duly authorized by him and anything done by that person shall be deemed to be done the inspector or by the Director and shall be valid for all purposes. 

An environmental protection order shall be served on the person against whom it is made or his agent or legal practitioner. 
 

Where the Director has taken action pursuant to subsection (1), the Director shall be entitled to recover in full from the person against whom the environmental protection order is made the expenses reasonably incurred by the Director for taking such action, and if the expenses remain unpaid for a period of more than thirty days from the date of first demand in writing by the Director, the amount in respect of the expenses shall be recoverable by the Government as a civil debt.
 

1. identify the components of the biological diversity of Malawi; 

 
2. determine the component or components of biological diversity which is or are threatened with extinction; 

 
3. prepare and maintain an inventory of the biological diversity of Malawi; 

 
4. determine actual and potential threats to the biological diversity of Malawi and devise such measures as are necessary for preventing, removing or mitigating the effect of those threats; 

 
5. devise measures for the better protection and conservation of rare and endemic species of wild fauna and flora; 

 
6. develop national strategies, plans and programmes for the conservation of the biological diversity of Malawi; 

 
7. require in writing any developer, including the Government, to integrate the conservation and sustainable utilization of the biological diversity of Malawi in any project the implementation of which has or is likely to have detrimental effects to the biological diversity of Malawi; 

 
8. on the recommendation of the Technical Committee, prohibit or restrict access by any person to or the exportation of any component of the biological diversity of Malawi. 

The Minister may, on the advice of the Council and in consultation with the Minister responsible for the matter in question, take such action or measure as is necessary for— 

1. promoting such land use methods as are compatible with the conservation of the biological diversity of Malawi; 

 
2. the selection and management of environmental protection areas for the conservation of the venous terrestrial and aquatic ecological systems in Malawi; 

 
3. the establishment and management of buffer zones near environmental protection areas; 

 
4. the protection of threatened animal and plant species, habitats and ecological systems;

 
5. controlling the importation of alien and plant species; 

 
6. identifying, promoting and integrating traditional knowledge into the conservation and sustainable utilization of the biological diversity of Malawi; and 

 
7. the establishment and management of germplasm banks, botanical gardens, Locus and animal orphanages and such other similar facilities. 

Where the Minister considers it desirable so to do, he may, on the advice of the Council, recommend to the Minister responsible for wildlife, the release of any animal or animal species conserved ex-situ or in-situ into its natural habitat or ecological system.

Without prejudice to the generality of subsection (1), the regulations may— 

1. prohibit the exportation of germplasm, except in accordance with a license issued by the Minister and subject to such conditions as the Minister may impose; 

 
2. provide for the sharing of benefits arising from the technological exploitation of germplasm originating from Malawi between the owner of the technology and the Government; 

 
3. provide for fees payable in respect of an export license issued under subsection (2) (a) and for a charge payable for accessing germplasm.

 

The Minister may recommend to the Minister responsible for local government the promulgation of such rules or the formulation of such measures as are necessary to regulate the collection, transportation and safe disposal of waste by local authorities. 

The Minister may, on the recommendation of the Council— 

1. formulate criteria and standards for the classification and analysis of waste and shall, subject to the rules or measures referred to in subsection (2), determine the method or methods for safe disposal of waste; 

 
2. control the handling, storage, transportation, classification, importation, exportation and destruction of waste; 

 
3. monitor any waste disposal site and direct the control of any such site if its continued use as a waste disposal site constitutes or is likely to constitute a hazard to the health of the people living in the vicinity of, or to the environment adjacent to, the site. 

(2) The Minister may, on the advice of the Council, grant to any person a license to handle, store, transport, classify or destroy any waste, including hazardous waste, or to generate waste or to operate a waste disposal site or plant, subject to such conditions as the Minister may determine. 

(3) An application for a license under this section shall be in the prescribed form or, if no such form is prescribed, in such form as the Minister may determine, and Me form shall contain die applicant's full names, postal and physical address and such other particulars as the Minister may require. 

(4) Any person who, at the commencement of this Act, is carrying on the business of handling, storing, transporting, classifying, destroying or disposing of waste shall apply for a license under this section within six months from the date of the commencement of this Act. 

(5) The Minister may, at anytime, revoke any license issued under this section or vary any condition attached to the license if the activity in respect of which the license is issued constitutes an rent, actual or potential hazard to the environment or natural resources or if the licensee violates any condition endorsed on the license. 

(6) The Minister may delegate the power to issue a license under this section to the Director and any thing done by the Director in the exercise of that power shall be valid for all purposes as if it had been done by the Minister. 
 

(2) No person shall transport within Malawi hazardous waste or substances, except under a permit issued by the Minister subject to such conditions as the Minister may impose. 

(2) Without prejudice to the generality of subsection (1), the rules may make provision— 

1. requiring die registration, labeling and packaging of pesticides and hazardous substances; 

 
2. for measures for controlling the manufacture, importation and exportation of pesticides and hazardous substances; 

 
3. for the distribution, storage, handling and transportation of pesticides and hazardous substances; 

 
4. for monitoring the impact of pesticides and hazardous substances and their residuary effect on public health, the environment and natural resources' 

 
5. for restricting or banning pesticides and hazardous sum stances. 

The Minister may. on the recommendation of the Council, make regulations 

1. restricting or prohibiting the use of any appliance, equipment or any other thing which uses ozone depleting substances; 

 
2. requiring any person to make, in such manner and in such form as the Minister may determine, regular reports to the Minister on the generation, consumption and importation of ozone depleting substances; 

 
3. providing for the progressive reduction and eventual elimination of substances that deplete the ozone layer; 

 
4. providing for the control of activities and practices likely to deplete the ozone layer; and 

 
5. providing for such as matters as are necessary for protecting the stratospheric ozone layer.