PART I

Preliminary

1.  These Regulations may be cited as the Environmental Protection and Pollution Control Act (Ozone Depleting Substances) Regulations, 2000.

Title

2.  In these regulations, unless the context otherwise requires----

Interpretation

"adverse 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) a controlled substance that is imported or exported means a quantity of controlled substance;

(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;

"Chlorofluorocarbon (CFC)" means a fully halogenated chlorofluorocarbon set out in the first schedule;

"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 potential;

"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;

"port of entry" has the meaning assigned to it in the Customs  and Excise Act;

"product" means -

(a) 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; or

(b) collected from machinery, equipment or a container during servicing or before the disposal of the machinery, equipment or container;

"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

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3.   These regulations apply to

(a) an importer, exporter, producer or distributor of controlled substance whether in transit or otherwise;

(b) an importer, exporter, producer or distributor of technology or product which uses or contains a controlled substance;

(c) a person who services refrigerator, air conditioner, mobile or other technology using controlled substances;

(d) a person or an institution using or servicing fire extinguishers; and

(e) a person, an institution, a farmer or other individual using any controlled substance.

Application

PART II
CONTROL MEASURES

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.

Prohibition 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.

Prohibition of Pollution

6.                 (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 these regulations.

(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

(ii) ODP is the ozone depleting potential for the controlled substances set out in column III of he First Schedule.

Prohibition 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) a controlled substance that was imported before the date of its prohibition ; or

(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

8.     A person shall not import or export any air conditioner or other product containing or designed to use any controlled substance.

Prohibition of importation of a refrigerator, and air conditioners

9.    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.

vehicle fitted with an air conditioner

10.   (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.

Aerosol Product

11.   (1) A person, other than technician certified under sub-regulation (2), shall not service a product or technology that contains or uses a controlled substance.

(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.

Servicing installation, etc, of air Conditioner.

12   A person shall not retrofit refrigeration or air conditioning equipment with any hydrochlorofluoro- carbon

retrofitting refrigeration containing controlled substance

13.   (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. 

Fire fighting services

PART III
PERMITS

14.   (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 Fourth Schedule.

Application for permit

15   (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—

(a) 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.

(2) 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.

Issue of permit

16.    (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.

Refusal 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.

Appeal 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 he Inspectorate;

(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 permit; and

(d) comply with any other conditions which the Inspectorate shall consider relevant for the purposes of these Regulations

Conditions of permit

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.

Failure to use permit

20.   A permit shall not be transferred  a third party.

Transfer 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.

Amendment of permit

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-

(a) 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.

Enforcement notice

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 false information.

(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.

(2) 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 high court.

Suspension 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.

Register

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 third Schedule.

(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 15^th  January every year.

Annual report

PART III
PERMITS

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 regulations.

(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 schedule.

(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.

Supplier and Distributor

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.

(a) 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 be; or

(b) the substance is sealed in a package or other material to avoid any leakage and labeled as required under paragraph 28 (a)

Distributor

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 controlled substances.

(2) A person shall no dispose any controlled substance without he approval and authorization of the Inspectorate

Storage and Disposal

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.

Transportation

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.

Offenses and penalties

32.   The Council shall, before the 31st of December of every year, publish a list of controlled substances in the gazette.

Publication 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 Regulations.

Transitional Provision