Entrepreneurs and environmental law

what the Environmental Management Act (CAP 20:27) expects of the entrepreneurs.
The Problem: The major problem is environmental pollution and degradation. Rivers, dams and groundwater reserves are polluted.
The air that we breathe is also polluted. Poor waste management systems practised by some entrepreneurs are contributing to severe environmental deterioration countrywide.

It is important that entrepreneurs know and implement the provisions of EMA (CAP 20:27). The Act provides for:

  • The sustainable management of natural resources and protection of the environment.
  • The prevention of pollution and environmental degradation.
  • The preparation of the National Environmental Plan and other plans for the management and protection of the environment.

Industrialists, informal traders, developers and operators are encouraged to develop and implement environmental management policies for their organisations. These policies guide them in management and protection of the environment.
It is important that industrialists, developers and operators know that if any other law is in conflict or inconsistency with Environmental Management Act (CAP 20:27), shall prevail.

What are the environmental management principles that affect the entrepreneurs?
Industrialists, developers and operators shall be guided by the following principles as they carry out activities that have an effect on the environment.

  • EMA (CAP 20:27) stipulates that development must be sustainable; that is socially acceptable, economically viable and environmentally friendly.
  • Entrepreneurs shall prevent or minimise negative impacts of their activities on the environment and further safeguard people’s environmental rights.
  • Any person including an entrepreneur who causes pollution or environmental degradation shall meet the cost of remedying such pollution or environmental degradation and any resultant adverse health effects.

Industrialists, developers and operators shall meet the cost of preventing, controlling or minimising further pollution, environmental damage or adverse health effects which their operations and actions have caused.
Why should entrepreneurs observe prescribed environmental quality standards?
1.1 Water pollution prohibition

Every industrialist, developers and operators is required by EMA (CAP 20:27) to observe the following measures in an attempt to prevent water pollution.
Don’ts

  • Do not discharge or apply any poison or toxic, noxious or obstructing matter, radioactive waste or other pollutants into the aquatic environment.
  • Do not permit any person to dump or discharge such matter into aquatic environment in contradiction to the prescribed water pollution control standards.

Dos

  • Discharge any effluent pollutants originating from the trade or industrial undertaking only into existing sewage system and a licence to discharge should be obtained from the local authority operating or supervising the sewage system.
  • Install appropriate treatment plants to treat the effluent before discharging them into the environment. This has to be done prior to being granted a licence to discharge effluent into the environment. Minimising effluent pollutants through cleaner production mechanisms.

Effluent Discharge License
Entrepreneurs can obtain a discharge licence for effluents or any other pollutants into the environment, which is issued by the Environmental Management Agency.
1.2 Minimising air pollution

Any industrialist, company, developer and person is not allowed to emit any substances which cause substantial air pollution (that is, by the emission of substances in excess of prescribed amount for a particular source) in contradiction of emission standards established under the EMA. Industrialists are encouraged to practise cleaner production mechanisms which reduce pollution. Entrepreneurs can obtain an emission licence            from the Environmental Management Agency.

1.3 Standards for Waste Management
It is prohibited to discharge or dispose of any waste, whether generated within or outside Zimbabwe, in such a manner as to cause pollution to the environment or ill health to any person.

Application for Waste Licence
Obtain a waste licence if you intend to transport wastes within Zimbabwe, or to operate waste disposal site or plant or to generate hazardous waste of a prescribed type or quantity from the Environmental Management Agency. Minimise waste production through recycling, recovery, rethinking, redesigning, reuse and rejection of unnecessary waste. There is money in waste.

1.4 Hazardous Waste
No waste shall discharge any hazardous substance, chemical, oil or a mixture containing oil into any waters or any part of the environment contrary to the prescribed terms. Such person found guilty of discharging hazardous substances or chemicals into water bodies shall:

  • Pay the cost of the removal of the hazardous substance, chemical, oil or a mixture containing oil including any cost which may be incurred by any Government agency or organ in the restoration of the environment damaged or destroyed as a result of the discharge; and
  • Pay the cost of third parties in the form of reparation, restoration, restitution or compensation as may be determined by court on application by such third parties.

To be continued

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