47.    In this Part, unless the context otherwise requires-

Interpretation

"collection" means the act of removing waste, or materials which have been separated for the purpose of recycling, from a storage point;

"disposal" means the storing, handling, processing, treatment and utilisation and final location of waste to avoid undesirable effects on the environment;

"hazardous waste" means waste which is poisonous, corrosive, irritant, explosive, inflammable, toxic or harmful to man, animal, plant or the environment;

"licence" means a licence to operate a waste disposal site or plant issued under this Part;

"management" means a person who is, directly or through an agent, involved in waste management;

"disposal site" means the land or water area on which waste disposal facilities are physically located;

"waste" means garbage, refuse, sludges and other discarded substances resulting from industrial and commercial operations and from domestic and community activities but does not include waste water as defined in Part IV; and

"storage" means the interim containment of waste after generation and prior to collection for ultimate recovery or disposal.

48.    The Council shall give specific or general directions to District Councils regarding their function relating to the collection and disposal of waste operations under the Local Government Act.

Control of local authorities'
Cap. 281

49.    The Council shall-

(a)        formulate and provide standards on the classification and analysis of wastes and formulate and advise on standard disposal methods and means;

(b)        regulate the handling, storage, transportation, segregation and destruction of any hazardous waste;

(c)        control the export and generation of hazardous waste;

(d)        provide for the monitoring and regulation of any waste disposal sites;

(e)        publicise the correct means of storage, collection and disposal of any class of wastes;

(f)         monitor the contamination and degradation of the environment arising from the operation of any disposal site;

(g)        monitor the safety and health of workers at disposal sites;

(h)        provide for members of the public to make representations to the Council on any matter arising from this Part where the matter may have an influence on the health or aesthetic value of their surroundings;

(i)         initiate and undertake research into problems relating to the collection, storage, transportation and disposal of any class of waste;

(j)         maintain statistical data on the nature, quantity and volume of waste generated, and on sites and waste processing where waste disposal is taking or has taken place;

(k)        provide technical and advisory services to waste operators;

(l)         enforce rulings made under this Part; and

(m)       do all such things as appear to be reasonably necessary for the monitoring and control of waste.

Responsibilities of Council

50.  (1)  No person shall discharge waste so as to cause pollution in the environment.

Prohibition against disposal of waste

(2)  No person shall transport waste to any site other than-

(a)        in accordance with a licence;

(b)        to a disposal site established in accordance with a licence.

(3)  No person shall operate a waste disposal site or plant or generate hazardous waste without a licence.

51.  (1)  The Inspectorate may, on application, grant a licence to generate hazardous waste or to operate a waste disposal site or plant subject to such conditions, if any, as it may impose.

Licences

(2)  If a licence is not granted the notice of refusal shall state the reasons.

52.  (1)  Any person intending to operate a waste disposal site or plant or generate hazardous waste or whom the Inspectorate so requests shall apply in writing to the Inspectorate for a licence.

Application for licence

(2)  An application for a licence to operate a waste disposal site shall only be granted where the applicant has obtained approval of the town and country planning authority.

53.    Any person who owns or operates a waste disposal site or plant or generates hazardous wastes before the commencement of this Act shall apply for a licence within six months after the commencement of this Act.

Application for licence for existing disposal site or plant

54.    The Council shall by an order made by a court immediately stop any hazardous waste generation, handling, transportation, storage and disposal activity which presents an imminent and substantial danger to health and the environment.

Cessation of activity relating to hazardous waste

55.    Regulations made under section ninety-six shall prescribe the contents of an application and the conditions for a licence issued under this Part.

Contents of application and conditions for licence

56.  (1)  No person shall import any hazardous waste into Zambia.

Import, export and transportation of hazardous waste

(2)  No hazardous waste shall be exported to any country without a permit from the Council and the consent of the receiving country.

(3)  No hazardous waste shall be transported within or through Zambia without a permit from the Council.