1. These Regulations may be cited as the
Environmental Protection and Pollution Control Act (Ozone Depleting
Substances) Regulations, 2000.
2. In these
regulations, unless the context otherwise requires----
effect" means a change in the physical environment or biota, including a
change in climate, which has a significant deleterious effect on human health
or on the composition, resilience and production of and managed ecosystems,
on materials useful to mankind;
"calculated levels" in relation to-
a controlled substance that is imported or exported means a quantity of
(b) a group of controlled substances set out in column I of the first
schedule, imported or exported during a given period, means the sum of
the calculated levels of importation of the controlled substances within he
group during that period;
determined in accordance with the formula stipulated under regulation 6;
(CFC)" means a fully halogenated chlorofluorocarbon set out in the first
"control period" means the period beginning on January 1st in a
given year and ending on December 31st in the same year;
"controlled substances" means a substance set out in column II of
the first schedule, whether in pure form or in a mixture, and includes
isomers of the substance, unless otherwise indicated;
"Council" means the Environmental Council established under section
three of the Act;
"date of prohibition" means the date set out in the third column of
the Second Schedule;
"halon" means a brominated chemical related to a
chlorofluorocarbon, used in fire fighting and has a very high ozone depleting
"Inspectorate" means the Environmental Inspectorate established
under section eighty-one of the Ac;
"law enforcement officer" means police officer, customs officer,
forest officer or wildlife officer;
"ozone depleting potential" means the ability of a controlled
substance to destroy the atmospheric ozone based on atmospheric lifetime,
stability and reactivity;
"ozone depleting substances" means a substance listed in the First
and Second Schedules;
"ozone layer" means the layer of atmospheric ozone above the
planetary boundary layer;
"person" means an individual, partnership, corporation or
association, whether corporate or incorporate;
"permit" means a permit issued under regulation 14;
of entry" has the meaning assigned to it in the Customs and Excise
"product" means -
a vehicle air conditioning unit, whether incorporated in the vehicle or not;
(b) domestic or commercial refrigeration, and air conditioning or heat pump
equipment, where the equipment contains a controlled substances as a
refrigerant or in insulating materials of the product;
(c) any aerosol product, except medical aerosol;
(d) any cfc portable fire extinguisher;
(e) any insulation board, panel or pipe cover; and
(f) any pre-polymer;
"reclaimed" in respect of a controlled
substance, means recovered, re-processed and up-graded through processes such
as filtering, drying distillation or chemical treatment in order to restore
the controlled substances to industrial accepted re-use standards;
"recovered" in respect of controlled
substance, means -
(a) collected after the substance has been used;
(b) collected from machinery, equipment or a
container during servicing or before the disposal of the machinery, equipment
"recycled" in respect of a controlled substance,
means re-used, recovered, cleaned by a process such as filtering, drying, or
re-used to recharge equipment;
"refrigerant” means substance, whether part
or mixture, that is used as a coolant in a refrigerator, freezer, cold room,
dehumidifier, heat pump or an air conditioner; and
"technician" unless otherwise, means a
person qualified in new technology to service or maintain refrigeration or
air conditioning systems and certified by the council
These regulations apply to
an importer, exporter, producer or distributor of controlled substance
whether in transit or otherwise;
an importer, exporter, producer or distributor of technology or product which
uses or contains a controlled substance;
a person who services refrigerator, air conditioner, mobile or other
technology using controlled substances;
a person or an institution using or servicing fire extinguishers; and
a person, an institution, a farmer or other individual using any controlled
4 A person shall not produce or
conduct any activity likely to produce any controlled substance or any other
substance likely to deplete the ozone layer.
of certain activities
5. A person shall not emit into the
ambient air any controlled substance likely to result in adverse effects on
human health and the environment.
(1) A person shall not import or export any manner
deal with a controlled substance or product containing a controlled
substances except in accordance with these regulations.
(2) A person shall not import or export a recovered, recycled,
reclaimed or used controlled substance except with a permit issued under
(3) The calculated level of any imported o exported controlled
substance shall be determined in accordance with the following formula:
I x ODP, where-
(i) I is the quantity imported during that period; and
ODP is the ozone depleting potential for the controlled substances set out in
column III of he First Schedule.
of import or export of controlled substances
7. (1) Subject to sub
regulation (2), a person shall not use, sale, offer, for sale, distribute,
import, export or in any manner deal in any with a controlled substance
or a product containing any substance within a group set out in column I of
the Second Schedule on or after the date of prohibition set out in
column III of the Second Schedule in respect of that substance.
(2) Sub-regulation (1)
does not apply to-
a controlled substance that was imported before the date of its prohibition ;
(b) a recovered, re-cycled re-claimed, or used
controlled substance imported or exported pursuant to a permit issued
by the Council.
Sale, importation or exportation of
controlled substance after the date of prohibition
A person shall not import or export any air conditioner or other product
containing or designed to use any controlled substance.
of importation of a refrigerator, and air conditioners
A person shall not import a vehicle fitted with an air conditioner or refrigeration
unit unless the vehicle's cooling unit is fitted with CFC free coolant.
fitted with an air conditioner
(1) Subject to sub-regulation (2), from the date of entry into force
of these Regulations, a person shall not import any aerosol product which
uses Chlorofluorocarbon as a gas or a propellant.
(2) Sub-regulation (1) does not apply to any medical aerosol.
(1) A person, other than technician certified under sub-regulation (2),
shall not service a product or technology that contains or uses a controlled
(2) A technician shall not repair or service any product or technology
that contains or uses a controlled substance unless the technician has a
certificate issued by the Council.
(3) A technician shall not release into the ambient air any
refrigerant that is an ozone depleting substance.
installation, etc, of air Conditioner.
12 A person
shall not retrofit refrigeration or air conditioning equipment with any
refrigeration containing controlled substance
(1) A person shall not use any halon in fire fighting demonstrations
(2) A person shall not use any halon where alternative substances such as carbon
dioxide, water, dry powder, foam or inert gases are available.
(3) With effect from 1st January, 2001, a person shall not refill any fire
extinguishing system with any halon.
(4) With effect from 1st January, 2003, a person shall not sell any fire extinguisher
containing any halon.
(1) A person who intends to import or distribute a controlled substance shall
submit to the inspectorate an application for a permit to in Form I set out in
the third Schedule
(2) A person who intends to import a recovered, recycled,
reclaimed or used controlled substance, shall submit an application for a
permit to the inspectorate in Form 2 set out in third schedule.
(3) A person who intends to export any controlled substance shall submit to
the inspectorate in Form 3 set out in third schedule.
(4) A person who intends to export a recovered, recycled, reclaimed or used
controlled substance, shall submit an application for a permit to the
inspectorate in Form 4 set out in third schedule.
(5) An application for a permit shall be accompanied by a fee set out in the
(1) the inspectorate shall, unless it has otherwise informed the applicant or
is undertaking investigations relevant for purposes of the application,
within twenty-eighty days of receipt of the application for a permit under
regulation 14 issue a permit subject to such conditions as the inspectorate
may determine, if—
the application is in accordance with the provisions of these regulations;
(b) the application or other matter relating to the application does not
contravene any laws or regulations in force.
a permit shall be in Form 2 set out in third schedule.
(3) a permit issued under this regulation shall be valid for a period of one
year starting January 1st to December 31st and shall be renewed
for a like period upon payment of a fee if the applicant has been complying
with the provisions of these regulations.
(1) Where the inspectorate is no satisfied with an application for a
permit, it shall refuse to issue the permit the application.
(2) A decision of he Inspectorate rejecting an application shall be
accompanied by the reasons for the rejection.
to issue permit
17. An applicant for a permit for a
permit who is aggrieved with the decision of the Inspectorate may
appeal to the Council, subject to a further appeal to the High Court.
from decision of inspectorate
18. A person issued with a
permit under regulation 15 shall -
(a) operate in accordance with these regulations and conditions determined by
(b) comply with the general directives issued by the Inspectorate in exercise
of its functions under these regulations
(c) keep a record of activities in form 9 set out in the third schedule and
submit the record to the Inspectorate six months from the commencement of the
(d) comply with any other conditions which the Inspectorate shall consider
relevant for the purposes of these Regulations
19. (1) Where the holder of the
permit is unable to use the permit within three months from the date of issue
of the permit, the holder shall forthwith notify the Inspectorate of the
failure giving reasons thereof, and the Inspectorate shall, where satisfied
with the reasons, specify the period within which the holder shall comply
with the terms of permit.
(2) Where a period of three months from the date of issue of the permit has
expired without the holder of the permit performing the activities in
accordance with the terms of the permit and no notification has been made in
accordance with this regulations, the permit shall be lapsed and shall,
subject to these Regulations be cancelled, and the Council shall publish the
information in the gazette.
to use permit
A permit shall not be transferred a third party.
of a permit
21 The Inspectorate may amend a
permit on application of the holder of the permit-
(a) where some other person has succeeded to the interest in the business
enterprise belonging to the holder of the permit, by substituting for the
name of the holder, the name of the successor;
(b) where the name of business enterprise is altered, by substituting the
name so altered; or
(c) for any other reason submitted by the applicant of the permit which the
Inspectorate may consider necessary.
22. (1) Where the Inspectorate
is satisfied that a person is contravening or is likely to contravene any
provision of these Regulations, or directive issued by the inspectorate in
the exercise of its functions or any other condition of the permit, the
inspectorate shall serve an enforcement notice on that person.
(2) An enforcement notice issued under sub-regulation (1) shall-
state the contravention or likely contravention of the directive or any
conditions of the permit and matters constituting the contravention or making
it likely that the contravention will arise;
(b) specify he steps that have to be taken to remedy the contravention or
avoid the contravention, as the case may be; and
(c) specify the effective date of notice and the time limit within which the
steps described under paragraph (b) have to be taken.
23. (1) Subject to the other
provisions of these Regulations, the Inspectorate may suspend or cancel any
permit if the holder of the permit-
(a) obtained the permit by fraud or deliberate or negligent submission of
(b) contravenes these Regulations or any terms and conditions of the permit;
(c) fails, without reasonable cause, to comply with an enforcement notice
issued under regulation twenty two (22); or
(d) fails, without reasonable cause, to use the permit within the time
stipulated under these regulations.
The Inspectorate shall, before suspending or canceling a permit, give its
written notice to the holder of the permit of its intention to suspend or
cancel the permit and specify the grounds for the suspension or cancellation
and require the person to show cause, within a period of more than thirty
days, why the permit should not be suspended to cancelled.
(3) The Inspectorate shall not suspend or cancel a permit if the holder of
the permit takes remedial measures to the satisfaction of the inspectorate,
within the period of thirty days.
(4) If the holder of a permit notified under this regulation fails o show cause
the satisfaction of the Inspectorate or does not take remedial measures to
the satisfaction of the Inspectorate, within the time specified in this
regulation, the Inspectorate may suspend or cancel the permit.
(5) Any person who is aggrieved by any decision of the Inspectorate under
this regulation may appeal to the Council, subject to a further appeal to the
or cancellation of permit
24 The Inspectorate shall
keep a register of permits and therein all matter relating to permits issued
under this Par and shall, at least once every year, publish in the Gazette a
list of all persons holding a permit under these regulations.
25 (1) A person who import a
controlled substances report or product containing a controlled substances
shall submit to the Inspectorate an annual report in Form 5 set out in the
(2) A person who imports a recovered, recycled, reclaimed or used controlled
substance, shall submit to the Inspectorate an annual report in Form 6 set
out in the third Schedule.
(3) A person who exports a controlled substance shall submit to the
inspectorate an annual report in Form 7 set out in the third schedule.
(4) A person who export a recovered, recycled, reclaimed or used controlled
substance, shall submit to the inspectorate an annual report in Form 8 set
out in the third schedule.
(5) An annual report shall be submitted to the inspectorate on or before the
15th January every year.
26 (1) A person who import a
controlled substances or product containing a controlled substances shall
provide a copy of permit to the Inspector at port of entry or exit.
(2) A person who imports or export any product into Zambia shall tender to the Inspector for certification as to whether or not the product
contains or is made of any controlled substance.
(3) A customs officer shall inspect and certify whether the controlled
substance imported into or exported out of Zambia is in accordance with these
(4) Where the exportation or importation is contrary to these regulations, an
inspector or law enforcement officer shall seize the products or substances.
(5) The sized products shall be disposed off by the inspector or law
enforcement officer in accordance with he guidelines se by the Council
27. (1) An importer of controlled
substance shall cause a person who receives or buys any controlled substance
from the importer to sign a declaration set out in Form 10 of the third
(2) A person who supplies or distributes any controlled substances shall keep
a record of names and address of the person of whom the substances have been
supplied or distributed and shall submit to the record to the Inspectorate
within fourteen days of such supply or distribution.
28. An importer, producer or
distributor or seller or exporter shall not import, produce or distribute
sell or in any manner deal with a product or other material containing an
ozone depleting substance unless.
the product or material containing an ozone depleting substance is labeled
with words "ozone friendly," or “Not ozone friendly", or ozone
depleting". or "CFC free” or "No CFC", as the case may
(b) the substance is sealed in a package or other material to avoid any
leakage and labeled as required under paragraph 28 (a)
29 (1) An importer, exporter,
distributor or seller transported or supplier of any controlled substances
shall ensure that the controlled substances is stored in a secure premises
licensed or approved by the inspectorate for the purposes of storing
(2) A person shall no dispose any controlled substance without he approval
and authorization of the Inspectorate
30. (1) Any person who intends
to transport any controlled substance or any product or equipment containing
a controlled substance except for personal omestic use , whether in transit
or otherwise, shall apply to the inspectorate for a permit.
(2) A person shall not , where the substance or product transported
under sub-regulation (1) is in transit to another country, use, distribute,
sell, dispose off in any manner deal with the substance or product.
31. Any person who contravenes any
provisions of these regulations commits an offence and is liable, upon
conviction, to the penalty provided for under section ninety-one of the Act.
32. The Council shall, before the
31st of December of every year, publish a list of controlled substances in
of controlled substances
33. A technician or person who
services or repairs any product or technology that contains or uses any
controlled substance shall, within six months from the coming into force of
these Regulations, apply to the Council for the certificate.
(2) An importer, or exporter, or distributor or seller or transporter or
supplier of any controlled substances or person of whom these regulation
apply shall within three months from the coming into force of these
Regulations, apply to the Inspectorate for a permit in accordance with these