The response of the Zambian mining industry to environmental management legislation

"Mining has been going on commercially in Zambia for over 100 years. The backbone of the mining industry has been copper production and its by-products of cobalt and gold. Over these years, the mining industry ownership structure has swung from private ownership to state ownership in 1972, and back to private ownership in 1995. Environmental management was first introduced into the body of Zambian legislation in 1991 through the promulgation of the Environmental Protection and Pollution Control Act (EPPCA). The Act’s main functions included the protection of the environment and control of pollution, and in particular to provide for the health and welfare of the people, animals, plants and the environment in general. This Act, was replaced in 2011 by the Environmental Management Act (EMA). The new Act has a number of new elements including: mainstreaming environment in national planning, it provides for the domestication of multilateral environmental agreements, enhances public participation issue, creates a central environmental information depositary, elaborates access to information principles, establishes an environment fund, creates enforcement orders, provides for both Zambia Environmental Management Authority and members of the public to sue for damages following environmental pollution, and provides for the appointment of honorary Inspectors. In addition to this, the Mines and Minerals Act of 1995 provided, for the first time, a section on environmental management in the mining sector. This section also created the Environmental Protection Fund (for mining), and made it obligatory to undertake environmental impact assessment before mining permits could be issued. The Environmental Protection Fund has now been established, as provided for by the law, and currently has more than USD9.0 million in the account. Secondly, environmental auditing is now being carried out annually on mines around the country, the effect of this has been a significant improvement in the environmental management of mining in Zambia. This paper looks at the response of the Zambian mining sector to these pieces of environmental management legislation, and the direction that the mining sector is expected to take on environmental management going forward."