What does the law say about EIA?

with ways with which to minimise negative impacts and enhance positive ones.
Prior to the enactment of the Environmental Management Act (Cap 20:27), the EIA process was governed by the 1997 EIA policy which made it voluntary for proponents or project owners to undertake Environmental Impact Assessment.
As such only few projects mostly those undertaken by large conglomerates have been subjected to the EIA process.
The resultant effect has been the proliferation of unsustainable project implementation practices, which caused more environmental damage.
The Government of Zimbabwe passed the Environmental Management Act of 2002 and Statutory Instrument 7 of 2007 (Environmental Impact Assessment and Ecosystems Protection) Regulations, which compels prescribed projects listed under the first schedule of the EMA Act CAP 20:27 to undergo an EIA process prior to implementation.
What types of projects require EIA in Zimbabwe?
These projects are listed in the first schedule of the ACT and are as follows:
1. Dams and man-made lakes.
2. Drainage and irrigation
(a) Drainage of wetlands or wild life habitat;
(b) Irrigation schemes.
3. Forestry
(a) Conversion of forest land to other use;
(b) Conversion of natural woodland to other use within the catchment area of reservoirs used for water supply, irrigation or hydropower generation or in areas adjacent to the parks and wild life estate.
4. Housing developments.
5. Industry
(a) Chemical plants;
(b) Iron and steel smelters and plants;
(c) Smelters other than iron and steel;
(d) Petrochemical plants;
(e) Cement plants;
(f) Lime plants;
(g) Agro-industries;
(h) Pulp and paper mills;
(i) Tanneries;
(j) Breweries;
(k) Industries involving the use, manufacture, handling, storage, transport or disposal of hazardous or toxic materials.
6. Infrastructure
(a) Highways;
(b) Airports and airport facilities;
(c) New railway routes and branch lines;
(d) New towns or townships;
(e) Industrial sites for medium and heavy industries;
(f) Billboards;
(g) Telecommunications infrastructure.
7. Mining and quarrying
(a) Mineral prospecting;
(b) Mineral mining;
(c) Ore Processing and concentrating;
(d) Quarrying.
8. Petroleum production, storage and distribution
(a) Oil and gas exploration and development;
(b) Pipelines;
(c) Oil and gas separation, processing, handling and storage facilities;
(d) Oil refineries.
9. Power generation and transmission
(a) Thermal power stations;
(b) Hydropower schemes;
(c) High-voltage transmission lines.
10. Tourist resorts and recreational developments
(a) Resort facilities and hotels;
(b) Marinas;
(c) Safari operations.
11. Waste treatment and disposal
(a) Toxic and hazardous waste: incineration plants, recovery plants (off-site), wastewater treatment plants (off-site), landfill facilities, storage facilities (off-site);
(b) Municipal solid waste: incineration, composting and recovery/recycling plants, landfill facilities;
(c) Municipal sewage: waste treatment plants, outfalls into aquatic systems, effluent water irrigation schemes.
12. Water supply
(a) Groundwater development for industrial, agricultural or urban water supply;
(b) Major canals;
(c) Cross-drainage water transfers;
(d) Major pipelines;
(e) Water withdrawals from rivers or reservoirs.
The EIA Review Process
The initial stage is to submit a prospectus to the director-general who has 20 days to review the prospectus.
1. The project can be exempted at prospectus stage or a full EIA can be required. If a full EIA is required then the developer has to engage an independent consultant registered with the Agency to prepare an EIA Report in terms of Section 98 of the Environmental Management Act.
2. In terms of Section 99 of the Environmental Management Act an environmental impact assessment report should include a detailed description of the project, likely impacts and mitigating measures.
3. The Director-General has 60 days to review the document and notify the developer of the decision. Upon approval in terms of Section 100 of Environmental Management Act the developer is issued an Environmental Impact Assessment certificate.
4. A developer to whom a certificate has been issued shall not assign, cede, or transfer the certificate to any other person without the prior approval of the Director-General.
5. In terms of Section 105 of the Environmental Management Act the developer is to notify the Director-General if project not implemented or has been altered.
6 The Director-General in consultation with such authorities shall carry out periodic environmental audits of any projects for the purpose of ensuring that their implementation complies with the requirements of the Act. The developer shall submit quarterly reports and ensure that all other licences and permits these could include effluent discharge permit, air emissions, solid waste disposal; hazardous substances are acquired and should be always kept on site.
7. An EIA licence is renewed after two years and the renewal fee includes a 5 percent administration fee.
EIAs are mandatory for all prescribed activities and are meant to enhance development and not inhibit it. E
EIAs are supposed to be part of a project plan and not done in retrospect.
The purpose of EIAs is to make projects sustainable.