PART II
THE ENVIRONMENTAL COUNCIL

3.    There is hereby established the Environmental Council which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to this Act, to do all such acts and things as a body corporate may lawfully do or perform.

Establishment of Environmental Council

4.  (1)  The Council shall consist of the following members:

Composition of Council

(a)        the Chairman and the Vice-Chairman who shall be appointed by the Minister;

(b)        a representative from each of the following ministries or organisations:

(i)                the Ministry responsible for water, lands and natural resources;

(ii)               the Ministry responsible for agriculture;

(iii)              the Ministry responsible for commerce and industry;

(iv)              the Ministry responsible for mines;

(v)               the Ministry responsible for health;

(vi)              the Ministry responsible for power, transport and communications;

(vii)             the Ministry responsible for labour, social development and culture;

(viii)            the Ministry responsible for general education, youth and sport;

(ix)              the Ministry responsible for higher education science and technology;

(x)               the Ministry responsible for information;

(xi)              the Ministry responsible for local administration;

(xii)             the Ministry responsible for tourism;

(xiii)            the Ministry responsible for legal affairs;

(xiv)            the National Commission for Development Planning;

(xv)             the National Council for Scientific Research;

(xvi)            the University of Zambia;

(xvii)           the Copperbelt University;

(xviii)          the Industrial Development Company Limited;

(xix)            the Zambia Consolidated Copper Mines Limited;

(xx)             the Zambia National Farmers' Union;

(xxi)            the Chamber of Commerce;

(xxii)           the Zambia Association of Manufacturers;

(xxiii)          the Zambia Bureau of Standards;

(xxiv)          a non-governmental organisation concerned with the conservation of nature designated by the Chairman; and

(xxv)           two other persons in their personal capacities appointed by the Minister.

(2)  Where any member, except the Chairman, Vice-Chairman and a member referred to in paragraph (xxv) of subsection (1) is unable to attend any meeting of the Council his ministry or organisation as the case may be, may in writing nominate another person to attend in his stead and such person shall be deemed to be a member for the purpose of that meeting.

5.  (1)  The Chairman, Vice-Chairman and members referred to in paragraphs (xiv) to (xxv) of subsection (1) of section four shall hold office for three years and shall be eligible for re-appointment.

Tenure of office and vacancies

(2)  Any member referred to in paragraph (a) of subsection (1) of section four may resign upon giving one month's notice in writing to the Minister and may be removed by the Minister at any time.

(3)  The members referred to in paragraph (b) of subsection (1) of section four may resign upon giving one month's notice to the Ministry or authority which appointed him and may be removed by the Ministry or authority which appointed him at any time.

(4)  The office of a member shall become vacant-

(a)        if he is declared to be of unsound mind;

(b)        if he is an undischarged bankrupt;

(c)        if he is detained, or his freedom of movement is restricted under any law in force in Zambia for a period in excess of six months;

(d)        if he is sentenced to a term of imprisonment for a period in excess of six months;

(e)        if he is convicted of an offence involving dishonesty;

(f)         upon resignation or removal under subsection (2) and (3); or

(g)        if he is absent without reasonable cause from three consecutive meetings of the Council of which he had notice.

6.  (1)  Subject to the other provisions of this Act, the functions of the Council shall be to do all such things as are necessary to protect the environment and control pollution, so as to provide for the health and welfare of persons, animals, plants and the environment.

Functions of Council

(2)  Without prejudice to the generality of subsection (1), the Council may-

(a)        advise the Government on the formulation of policies relating to good management of natural resources and the environment;

(b)        recommend measures aimed at controlling pollution resulting from industrial processes or otherwise;

(c)        advise on any aspect of conservation;

(d)        advise on the need to conduct and promote research analysis, surveys, studies, investigations and training, of personnel, in the field of environmental conservation protection and pollution control;

(e)        receive and review reports and make recommendations to the Government on environmental matters;

(f)         conduct studies and make recommendations on standards relating to the improvement of the environment and the maintenance of a sound ecological system;

(g)        co-ordinate the activities of all Ministries and other bodies concerned with the protection of the environment and control of pollution;

(h)        advise on co-operation between national and international organisations on environmental matters;

(i)         advise on the need for, and embark upon, general educational programmes for the purpose of creating an enlightened public opinion regarding the environment and an awareness of an individual and the public on their role in the protection and improvement of the environment;

(j)         identify projects or types of projects, plans and policies for which environmental impact assessment are necessary and undertake or request others to undertake such assessments for consideration by the Council;

(k)        consider and advise, on all major development projects at an initial stage and for that purpose the Council may request information on the major development projects;

(l)         monitor trends in the use of natural resources and their impact on the environment;

(m)       identify, promote and advise on projects which further or are likely to further conservation for sustainable development and the protection and improvement of the environment;

(n)        hold seminars, symposia and prepare studies on matters relating to environmental and natural resources use and protection;

(o)        request for information on projects proposed, planned or in progress by any person anywhere in Zambia;

(p)        request for information on the quantity, quality and management methods of natural resources and environmental conditions from any individual or organisation anywhere in Zambia;

(q)        provide support for environmental conservation, protection and improvement by way of grants or loans, the provision of accommodation, equipment and the common use thereof;

(r)         advise on the effects of any sociological or economic development on the environment;

(s)        publicise all relevant information on any aspect of the environment;

(t)         carry out any other activities relating to the protection of the environment and the control of pollution which are necessary or conducive to the better performance of its functions under this Act.

(3)  The Council may, subject to such terms and conditions as it considers fit, delegate in writing any of its functions under this Act to the Director, any member, the Inspectorate or the Secretary.

(4)  The Minister may give to the Council such general or specific directions with respect to the discharge of its functions as he may consider necessary and the Council shall give effect to those directions.

7.  (1)  Subject to the other provisions of this Act, the Council may regulate its own procedure.

Proceedings of Council

(2)  The Council shall meet for the transaction of business at least once in every three months at such places and at such times as the Chairman may determine.

(3)  Upon giving notice of not less than fourteen days, a meeting of the Council may be called by the Chairman and shall be called if not less than seven members so request in writing:

Provided that if the urgency of any particular matter does not permit the giving of such notice a special meeting may be called upon giving a shorter notice.

(4)  Half of the members shall form a quorum at a meeting of the Council.

(5)  There shall preside at any meeting of the Council, the Chairman or in his absence, the Vice-Chairman or in the absence of both the Chairman and the Vice-Chairman, such member as the members present may elect for the purpose of that meeting.

(6)  A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

(7)  The Council may invite any person, whose presence is in its opinion desirable, to attend and participate in the deliberations of a meeting but that person shall have no vote.

(8)  The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in its membership or by any defect in the appointment of any member or because any person not entitled to do so took part in the proceedings.

(9)  The Council shall cause to be kept minutes of the proceedings of every meeting of the Council and of every meeting of any committee constituted by the Council.

8.  (1)  The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary.

Seal of Council

(2)  The Council may use a wafer or rubber stamp in lieu of the seal.

(3)  The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman, and the Secretary or one other person authorised in that behalf by a resolution of the Council.

(4)  Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Council by the Director or any other person authorised in that behalf by a resolution of the Council.

(5)  Any document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

9.  (1)  The Council may, for the purpose of performing its functions under this Act, constitute any committee the Chairman of which shall be a member of the Council and may delegate to that committee any of its functions.

Committee of Council

(2)  The Council may appoint as members of a committee established under subsection (1), persons who are or are not members of the Council and those persons shall hold office for such period as the Council may determine.

(3)  Subject to any specific or general directions of the Council, any committee established under subsection (1) may regulate its own procedure.

10.  (1)  If any person is present at a meeting of the Council or a committee of the Council at which any matter in which that person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council or committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.

Disclosure of interest

(2)  A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

11.    No action or other proceedings shall lie or be instituted against any member or any member of a committee for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.

Immunity of members

12.  (1)  No person shall, without the consent in writing given by or on behalf of the Council, publish or disclose to any person, otherwise than in the course of his duties the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act.

Prohibition of publication or disclosure of information to unauthorised persons

(2)  Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding two years, or to both.

(3)  If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be liable, upon conviction, to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding two years or to both.

(As amended by Act No. 13 of 1994)

13.  A member of the Council or Committee shall be paid such remuneration or allowance as the Minister may determine.

Remuneration of member of Council

14.  (1)  The funds of the Council shall consist of such moneys as may-

Funds of Council

(a)        be appropriated by Parliament for the purposes of the Council;

(b)        be paid to the Council by way of fees, grants or donations; and

(c)        otherwise vest in or accrue to the Council.

(2)  The Council may-

(a)        accept moneys by way of grants or donations from any source in Zambia and, with the approval of the Minister, from any source outside Zambia;

(b)        with the approval of the Minister, raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions;

(c)        in accordance with regulations made under this Act, charge and collect fees in respect of consultancy and other services provided by the Council and the Standing Technical Advisory Committee; and

(d)        charge and collect fees in respect of programmes, seminars and environmental impact assessments conducted by the Council.

(3)  There shall be paid from the funds of the Council-

(a)        the salaries and allowances and loans to the staff of the Council;

(b)        such reasonable travelling and subsistence allowances for members or members of any committee of the Council when engaged on the business of the Council and at such rates as the Minister may determine;

(c)        grants or loans for the support of environmental conservation, protection and improvement; and

(d)        any other expenses incurred by the Council in the performance of its functions.

15.    The Council may invest in such manner as it considers fit any of its funds which it does not immediately require for the performance of its functions.

Investment of funds

16.    The financial year of the Council shall be the period of twelve months ending on 31st December in each year.

Financial year

17.    The Council shall cause to be kept proper books of account and other records relating to its accounts.

Accounts

18.  (1)  As soon as practicable but not later than six months after the expiry of each financial year, the Council shall submit to the Minister a report concerning its activities during such financial year.

Annual report

(2)  The report of the Council shall include information on the financial affairs of the Council and there shall be appended to it-

(a)        an audited balance sheet;

(b)        an audited statement of income and expenditure; and

(c)        such other information as the Minister may require.

(3)  The Minister shall, not later than fourteen days after the sitting of the National Assembly next after receipt of the report referred to in subsection (1), lay it before the National Assembly.