Zambia- International treaties – CBD
RATIFIED INTERNATIONAL INSTRUMENTS
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Zambia
Convention on Biological Diversity (CBD)
Art.1
General provisions on biodiversity conservation and sustainable use are reflected in the legal framework.
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Constitution of Zambia (Amendment) Act [No.2] 20160105
Article 257. The State shall, in the utilisation of natural resources and management of the environment— (a) protect genetic resources and biological diversity." |
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Environmental Management Act [No.12] 20110412
Section 26 (1) - The Minister shall strive to attain the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of biological resources." |
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The Forests Act [No.4] 20150814
Preamble. An Act to [...] provide for the implementation of the [...] the Convention on Biological Diversity, and any other relevant international agreement to which Zambia is a party. Section 8. The Minister, Director or persons to whom the Minister or Director has delegated any powers and functions under this Act, shall, in implementing this Act, have regard to— (b) the need to apply the precautionary principle to the development, management, utilisation and conservation of forest ecosystems, biological diversity and habitats, taking into account the best scientific evidence available; (d) the need to achieve optimum utilisation and ecologically sustainable development and management of forest ecosystems, biological diversity and habitats; (f) the need to protect biological diversity in forest areas and protect the ecosystem as a whole, including species which are not targeted for exploitation. Section 9(1). The Minister may, by statutory instrument, make regulations— (a) prescribing criteria for the sustainabilities of forests; 3) Criteria and indicators prescribed under subsection (1) may include those for determining— (a) the level of development and maintenance of— (i) forest resources; (ii) biological diversity in forests;”; Section 24(1). The President may, in consultation with the Ministers responsible for the environment and urban and regional planning, by statutory instrument, declare any forest area or woodland or any part thereof, which has an environmental, ecologocal, cultural, scientific or national significance, to be a botanical reserve for the purpose of preserving, conserving and restoring its biological diversity and natural amenities and may, in like manner, declare that any botanical reserve area or that the boundaries of any botanical reserve may be altered or extended. |
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The Wildlife Act [No.14] 20150814
Preamble. An Act to [...] provide for the implementation of the [...] Convention on Biological Diversity. Section 4 - The following principles shall apply to wildlife conservation and management—[...] (b) wildlife utilisation, management and conservation shall protect biological diversity, preserve the integrity and ensure the sustainability of the ecosystem and biological diversity; (c) wildlife conservation and management shall be integrated, because all the elements of the environment are linked and inter-related. Section 5 (o)- pay out monies into a fund established by a board (CRB) and regulate the use of the funds from profits accrued from the revenues payable under this Act in respect of licenses, certificates and permits issued, hunting concessions granted and services rendered from the use of wildlife within an area of a board as the Minister may prescribe, in consultation with the Director; section28 (5)- Nothing in this section shall prevent the Minister from granting concession agreements within a Game Management Area and land user-rights fees shall be payable to the Ministry by an investor within the Game Management Area which shall be shared between the Ministry and the local community, on such terms as may be prescribed. |
Art.1
The mechanisms for sharing the benefits generated by the use of genetic resources (including those related to wildlife) are enshrined in the legal framework (satisfactory access to genetic resources and appropriate transfer of technology)
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to provide for a transparent legal framework for the protection of, and use of, traditional knowledge, genetic resources and expression of folklore [...] to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressinon of folklore Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absebce of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community. |
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Zambia Wildlife (Community Resource Board Revenue) Regulations [No.89] 20041006
Regulation 1. These Regulations may be cited as the Zambia Wildlife (Community Resource Board Revenue) Regulation, 2004. Regulation 3(1). The Authority shall pay into a fund established by a community resource board fifty percentum of the total revenue earned by the Authority from animal license fees. |
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Wildlife Act [No.14] 20150814
Section 4 The following principles shall apply to wildlife conservation and management- […] (b) wildlife utilization, management and conservation shall protect biological diversity, preserve the integrity and ensure the sustainability of the ecosystem and biological diversity. Section 32(1) A local community along geographic boundaries contiguous to a chiefdom in a Game Managenet Area, an open area or a particular chiefdom with common interest in wildlife and natural resources in that area, may apply to the Minister for registration as a community resource board. |
Art.2
The legal framework provides a definition of “sustainable use”.
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The Environmental Managenet Act [No.12] 20110412
Section 2. In this Act, unless context otherwise requires- "sustainable use" means, the use of the environment which does not compromise the ability to use the environment by future generations or degrade the capacity of the supporting ecosystems. |
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Wildlife Act [No.14] 20150814
Section 2. In this Act, unless context otherwise requires, [...] "sustainable" in relation to the use of wildife, means the use of wildlife in a manner and at a rate that- (a) would not lead to long term depletion; (b) would not interrupt the ecological integrity of the ecosystem in which it occurs; and (c) would ensure its continous use to meet the needs and apsirations of future generattion. |
Art.2
The legal framework provides a definition of “in-situ and ex-situ conservation”.
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The Environmental Managenet Act [No.12] 20110412
Section 2. In this Act, unless context otherwise requires- "ex-situ conservation" means, conservation outside of the natural ecosystem and habitat of the biological organism; "in-stu conservation" means, conservation within the natural ecosystem and habitat of the biological organism. |
Art.2
The legal framework defines biodiversity as the variability of living organisms from all sources and includes not only diversity within species and between species but also that of the ecosystems and ecological complexes of which they are part.
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The Environmental Managenet Act [No.12] 20110412
Section 2. In this Act, unless context otherwise requires- "biological diversity" means, the variability among living organisms from all sources, including terresterial ecosystems, aquatic ecosystems and the ecological complexes of which they are part, and diversity within species, amog species and of ecosystems. |
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Wildlife Act [No.14] 20150814
Section 2. In this Act, unless context otherwise requires- [...] "biological diversity" means, the variability among living organisms from all sources, including terresterial ecosystems, aquatic ecosystems and the ecological complexes of which they are part, and diversity within species, amog species and of ecosystems. |
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The Forests Act [No.4] 20150814
Section 2. In this Act, unless context otherwise requires- "biological diversity" means, the variability among living organisms from all sources, including terresterial ecosystems, aquatic ecosystems and the ecological complexes of which they are part, and diversity within species, amog species and of ecosystems. |
Art.3
The legal framework reflects the responsibility to ensure that activities within the country jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
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The Environmental Management Act [No.12] 20110412
Section 85(1). The Minister may, in consultation with the appropriate authorities and other relevant ministries, collaborate with the relevant authorities of neighbouring countries on environmental management programmes and measures to avoid and minimise trans-boundary environmental impacts. (2) The Minister shall, in cooperation with sector ministries or government agencies, initiate and implement transboundary environmental management programmes with neighbouring countries. |
Art.5
The legal framework provides for the cooperation with other Contracting Parties, directly or, where appropriate, through competent international organizations, in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biological diversity.
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The Environmental Management Act [No.12] 20110412
Section 85(1). The Minister may, in consultation with the appropriate authorities and other relevant ministries, collaborate with the relevant authorities of neighbouring countries on environmental management programmes and measures to avoid and minimise trans-boundary environmental impacts. (2) The Minister shall, in cooperation with sector ministries or government agencies, initiate and implement transboundary environmental management programmes with neighbouring countries. |
Art.6 (a)
National strategies, plans or programmes for the management and sustainable use of biological diversity (including wildlife) exists or their development or adapatation are provided by the legal framework
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The Environmental Management Act [No.12] 20110412
Section 21(1). The Minister shall, within three years of the commencement of this Act, and every ten years thereafter, prepare a National Environmental Action Plan. (2) The National Environmntal Action Plan shall include- (a) an assessemnt of both the Agency abd the importance of actions that should be taken in short, medium and long-term in order to prevent, eliminate and reduce adverse effects as prescirbed in the most recent State of Environment Report. Section 22(1). Within three years of the commencement of this Act, each Minister shall ensure environmental management strategy for the ministry for which the Minister is responsible is prepared and submitted to the Agency for approval. [...] (3) After the board has approved the strategy, the Ministry concerned shall within six months of date of approval, publish the strategy in the gazzette and start implementing it; [...] (4) A strategy shall include; [...] (c) a statement of objective of the strategy which shall be designed to further the achievement of the purpose of this Act and the National Environmental Action Plan referred to in sub-section (1). Section 23 (1). The proponent of a policy, program or plan that could have an adverse effect on environmental management or on sustainable management and utilization of natural resources shall conduct a Strategic Environmental Assessment of the draft policy, program or action and present a Strategic Environmental Assessment report to the Agency for approval. (2) the proponent referred to in sub-section (1) shall not adopt or implement the ploicy, plan or program which is not approved by the Agency; [...] (4) where any proponent consider that a program or policy or plan does not require a Stsrategic Environmental Assessment under this section, the proponent shall submit a draft of relevant documents to the Agency and Agency shall, as soon as practicalble, dtermine whether or not, the assessment is required and shal inform the proponent accordingly in writting and the reasons therefore. |
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The National Policy on Environment [2007] 20071130
Policy to avoid conflict of interest, to harmonize sectoral strategies and rationalize legislation that concern the use and management of environment in order to attain an integrated approach to development through a national cross-cutting consensus. |
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National Policy on Wetlands [2018] 20180930
Policy document guiding the national processes to address the degradation by promoting a coordinated approach to management and conservation of wetland ecosystem in Zambia. |
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Zambia's Second National Biodiversity Strategy and Action Plan [NBSAP-2] 20161231
The policy instrument is valid from 2015-2025. The strategy is re-aligned to respond to contemporary development challenges and to fit within the emerging global discourse on addressing biodiversity loss. |
Art.6 (b)
The conservation and sustainable use of biological diversity is integrated and reflected into other relevant sectoral and cross-sectoral national policies.
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The Environmental Management Act [No.12] 20110412
Preamble. Act to [...] provide for integrated environmental management and the protection and conservation of the environment and the sustainable manegemnt and use of natural resources. Section 6. The following principles shall be applied in achieveing the purposes of this Act: […] (b) advesre effects shall be prevented and minized through long-term integrated planning and the coordination, integration and co-operation of efforts which consider the entire environment as the whole entity. Section 9(2) Without limiting the generality of sub-section (1), the Agency shall- [...] (h) ensure the integration of environmental concerns in overall national planning through cordination with appropriate authorities. |
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The National Policy on Environment [2007] 20071130
Policy to avoid conflict of interest, to harmonize sectoral strategies and rationalize legislation that concern the use and management of environment in order to attain an integrated approach to development through a national cross-cutting consensus. |
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National Policy on Wetlands [2018] 20180930
Policy document guiding the national processes to address the degradation by promoting a coordinated approach to management and conservation of wetland ecosystem in Zambia. |
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Zambia's Second National Biodiversity Strategy and Action Plan [NBSAP-2] 20161231
The policy instrument is valid from 2015-2025. The strategy is re-aligned to respond to contemporary development challenges and to fit within the emerging global discourse on addressing biodiversity loss. |
Art.7 (a)
The legal framework identifies components of biological diversity important for its conservation and sustainable use having regard to the indicative list of categories set down in Annex I (ecosystems and habitats; species; genomes and genes).
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The Environmental Management Act [No.12] 20110412
Section 24. Subject to sub-section (2), the Minister may, by statutory instrument, on the recommendation of the Agency and relevant appropriate authority, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area. Section 26(3)(d). The identification of the components of biological diversity important for conservation and sustainable use, having regard to any international standards applicable to Zambia. |
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National Parks and Wildlife (Game Animals) Order [No.41] 20160512
Regulation 1. This Order may be cited as the Zambia Wildlife (Game Animals) Orders, 2016. Regulation 3. A person shall not hunt a game animal of species listed in the Schedule; SCHEDULE (Paragraph2): PROHIBITED EXPORTS 1. Mammals (a) Aardwolf (b) Antbear (c) Cheetah (d) DuickerBlue (e) DuickerYellowBacked (f) Eland (g) Genet (h) Giraffee, Thornicroft (i) Lechwe,Kafue (j) Lechwe,Balck (k) Monkey, Blue (l) Monkey Colobus (m) Pangolin (n) Rhinoceros,White (o) Rhinoceros,Black (p) RoanAntelope (q) Sitatunga (r) Waterbuck,defassa (s) Wildebeest,Cookson’s (t) Zebra, Crawshays, 2. Reptiles (a) AfricanSlendersnoutedCrocodile 3. Birds (a) African Grey Parrot (b) Chaplins(Zambian)Barbet (c) Crane,allspecies (d) Eagle,allspecies (e) Love-bird,blackchecked (f) Owl,allspecies (g) Vulture,allspecies (h) Secretarybird (i) Shoebil. |
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The Forests Act [No.4] 20150814
Preamble. An Act to provide for [...] conservation and use of forests and trees for sustainable management of forest ecosystem and biological diversity. Section 5(2). Without prejudice to the generality of section 1, the functions of the Department are to- [...] (c) adopt and promote methods for the sustainability, conservation and preservation of ecosystem and biodiversity in forest areas and open areas; (h) conduct and support forestry research and development and studies on national resources requirements and devise the best methods for meeting the demands for the multiple users of forestry resources in an integrated manner, compartible with sustainable use and conservation of biological diversity. Section 24(1). The President may, in consultation with the Ministers responsible for the environment, and urban and regional planning, by statutory instrument, declare any forest area or woodlands or any part thereof, which has an environmental, ecological, cultural, scientific, or national significance, to be a botanical rserve for the purpose of preserving, conserving and restoring its biodiversity [...]. |
Art.7 (b)
The legal framework provide for the monitoring, through sampling and other techniques, of the components of biological diversity identified pursuant to subparagraph (a) above, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use;
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The Environmental Management Act [No.12] 20110412
Section 26(3)(e). Provides that monitoring, through sampling and other techniques, the components of biological diversity, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use. |
Art.7 (c)
The legal framework provides for the identification of processes and categories of activities having or likely to have significant adverse impacts on the conservation and sustainable use of biodiversity, and for the monitoring of their effects through sampling and other techniques.
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The Environmetal Management Act [No.12] 20110412
Section 26(3)(f). Identifying the processes and categories of activities which have or are likely to have significant adverse impact on the conservation, equitable sharing and sustainable use of biolgocal divesrity, and monitoring their effects through sampling and other techniques. Section 101(1). An owner of premises or a person undertaking a project shall take all reasonable measures to mitigate any adverse effects not contemplated in the environmental impact assessment made in respect of the premises or the project, and shall prepare and submit an environmental audit report on the measures to the Agency annually or as the Agency may, in writing, require ; (2) The Agency shall carry out an environmental audit of all the activities that are likely to have an adverse effect on the environment. (3) An inspector may enter upon any land or premises for the purpose of determining the extent to which the activities carried out on the land or premises conform with the environmental impact assessment made in respect of the land or premises. (4) An owner of premises or a person undertaking a project for which an environmental impact assessment is made shall keep accurate records and make annual reports to the Agency describing the extent to which the project conforms, in operation, with the environmental impact assessment. 102. (1) The Agency shall, in consultation with the relevant agencies or bodies, monitor— (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; or (b) the operation of any industry, project or activity with a view of determining its immediate and long-term effects on the environment. (2) An inspector may enter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried out on that land or premises. |
Art.7 (d)
The legal framework requires data derived from identification and monitoring activities pursuant to subparagraphs (a), (b) and (c) of article 7 of CBD are maintained and organized by any mechanism.
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Environmental Management Act [No.12] 20110412
Section 26(3)(g). The Maintenance and organization by any mechanisms or data derived from identification and monitoring of activities pursuant to this section. Section 87. The Agency shall establish and operate a Central Environmental Information System in which shall be stored any findings, data and statistics generated by both public and private bodies in the course of environmental observation and management. |
Art.8 (a)
The legal framework creates a system of protected areas or areas where special measures are taken to conserve biological diversity.
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The Environmental Management Act [No.12] 20110412
Section 27(1). The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe— (a) procedures for the establishment of a system of protected areas or areas where special measures need to be taken to conserve biological diversity; |
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Forests Act [No.4] 20150814
Section 24(1). The President may, in consultation with the Ministers responsible for the environment, and urban and regional planning, by statutory instrument, declare any forest area or woodlands or any part thereof, which has an environmental, ecological, cultural, scientific, or national significance, to be a botanical rserve for the purpose of preserving, conserving and restoring its biodiversity [...]. |
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Wildlife Act [No.14] 20150814
Section 5(c). adopt methods to ensure the sustainability, conservation and preservation in the natural state of eco-systems and biological diversity in the National Parks, Community Partnerships Parks, bird and wildlife sanctuaries and Game Management Areas; Section 11. Whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended. Section 12(1). The Minister may, on the application of a local community, a person, institution or organization declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation or for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structure, and may, in like manner, declare that any Community Partnership Park shall cease to be a Community Partnership Park or that the boundaries of a Community Partnership Park shall be altered or extended. |
Art.8 (b)
The legal framework provides for the development of guidelines for the selection, establishment and management of protected areas or areas where special measures are taken to conserve biological diversity.
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The Environmental Management Act [No.12] 20110412
Section 27(1) (b) guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) how to regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; (e) the promotion of environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of the areas; (f) the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies; (g) the prevention of the introduction of, control or eradication of invasive alien species which threaten ecosystems, habitats or species;(h) the furnishing of conditions for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; (i) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (j) the adoption of economically and socially sound measures that act asincentives for the conservation and sustainable use of components of biological diversity; (k) the promotion of the equitable sharing of the benefits arising from the utilisation of knowledge, innovations, genetic resources and practices of indigenous and local communities; and (m) the procedures for the establishment of a system of protected areas where special measures need to be taken to conserve biological diversity. |
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Fisheries Act [No.22] 20110415
Section 39(1). The Minister may, in consultation with the Director, a committee, a local authority and a chief, by notice of Gazette, declare any commercial fishing area as a fisheries reserve if the Minister considers that special measures are necessary to- (a) preserve the aquatic environment; (b) protect, preserve or rehabilitate the fish habitat, related ecosystems including wetlands, lakes, lagoons, nursery and spawning areas, which are essential to maintianing the integrity of an ecosystem, species or assemblages of species [...] |
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The Forests Act [No.4] 20150814
Section 24(2). Where a botanical reserve lies within a private forest, the Director shall, in consultation with the Minister, make arrangements for the payment of the owner of the private forest of such compensation as may be determined by a government valuation surveyor. (3) A person, or local community which, intends to use the botanical reserve for cultural, religious, educational or scientific purposes shall apply to the Director in the prescribed manner and form. (4) The Director shall approve the application made under subsection (3) if it does not have adverse effects on the sustainability of ecosystems and biological diversity in the botanical reserve concerned. (5) The Minister may, by statutory instrument, prescribe guidelines for the use, conservation, preservation and management of botanical reserves. |
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Wildlife Act [No.14] 20150814
Section 5(c). adopt methods to ensure the sustainability, conservation and preservation in the natural state of eco-systems and biological diversity in the National Parks, Community Partnerships Parks, bird and wildlife sanctuaries and Game Management Areas; Section 11. Whenever the President considers that the conservation or protection and enhancement of wildlife, eco-systems, biological diversity and natural beauty so demands, the President may, after consultation with the Minister and the local community in the area, by statutory order, declare an area of land within the Republic to be a National Park for the purposes of this Act and may, in like manner, declare that a National Park shall cease to be a National Park or that the boundaries of a National Park shall be altered or extended. Section 12(1). The Minister may, on the application of a local community, a person, institution or organization declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation or for the purpose of conserving, preserving and restoring genes, species or biological diversity and natural amenities and their underlying ecological structure, and may, in like manner, declare that any Community Partnership Park shall cease to be a Community Partnership Park or that the boundaries of a Community Partnership Park shall be altered or extended. |
Art.8 (c)
The legal framework provides for the regulation or management of biological resources important for the conservation of biodiversity, within or outside protected areas, to ensure their conservation and sustainable use.
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The Environmental Management Act [No.12] 20110412
Section 26(1). The Minister shall strive to attain the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of biological resources. (2) The Minister shall regulate appropriate access to biological resources and appropriate transfer of relevant technologies, taking into account all rights over those resources, indigenous biological medical knowledge, general knowledge, technologies and appropriate funding. (3) The Minister may, in consultation with the Agency and the appropriate authorities, make regulations prescribing— (a) the development of national strategies, programmes or plans for the conservation and sustainable use of biological diversity; (b) the adaptation of strategies, plans or programmes for the purposes of conservation of biological diversity; (c) the integration, as far as possible and as appropriate, of the conservation and sustainable use of biological diversity into relevant sectoral or crosssectoral plans, programmes and policies; (d) the identification of the components of biological diversity important for conservation and sustainable use, having regard to any international standards applicable to Zambia; (e) monitoring, through sampling and other techniques, the components of biological diversity, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use; (f) identifying the processes and categories of activities which have or are likely to have significant adverse impacts on the conservation, equitable sharing and sustainable use of biological diversity, and monitoring their effects through sampling and other techniques; and (g) the maintenance and organisation by any mechanism or data derived from the identification and monitoring of activities pursuant to this section. Section 28. The Minister may, in consultation with the Agency and the appropriate authorities, make regulations with respect to exsitu conservation so as to—(a) adopt measures for the exsitu conservation of components of biological diversity originating in Zambia; (b) establish and maintain facilities for exsitu conservation and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) adopt measures for the recovery and rehabilitation of threatened species and for their re-introduction into their natural habitats under appropriate conditions; (d) regulate and manage collection of biological resources from natural habitats for exsitu conservation purposes so as not to threaten ecosystems and insitu populations of species; (e) adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; and (f) co-operate in providing financial andother support for exsitu conservation. |
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The Forests Act [No.4] 20150814
Section 25. A person shall not, in a botanical reserve and without prior approval of the Director- (a) fell, cut or damage any tree or regeneration of the tree or biodiversity in the botanical reserve; (b) squat, camp, reside, build or excavate, construct or use any enclosure, re-open or use any road other than a public road, erect or operate any plant, machinery or equipement; (c) set fire to any tree, undergrowth, grass or forest produce, assist in lighting any fire or allow any fire to be lit by any person or allow any person to enter the botanical reserve; (d) graze domestic animals or allow domestic animals to trespass; (e) clear, cultivate or break up land for cultivation or other purposes, or grow crops; (f) enter or be found in or upon the botanical reserve or for the purposes contrary to an order made by the Director, unless the person is a traveller or on public roads; (g) collect any bees, honey comb or beewax, or hang or place on any tree or elsewhere a beehive or any receptacle for purpose of obtaining bees, comb, beewax, or be found in, or upon, the botanical reserve for the purpose of collecting any bees, comb, or beewax; (h) remove or damage any boundary mark, beacon, notice, fence or gate, or remove or damage any mark placed on any tree by, or on the authority of a forest officer, or; (j) deposits or negligently allow the disposal of any refuse or debris in, or on, the botanical reserve. |
Art.8 (d)
The legal framework provides for the protection of ecosystems and natural habitats, and for the maintenance of viable populations of species in natural surroundings.
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The Environmental Management Act [No.12] 20110412
Section 27(1). The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe— (a) procedures for the establishment of a system of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) how to regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; (e) the promotion of environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of the areas; (f) the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies; (g) the prevention of the introduction of, control or eradication of invasive alien species which threaten ecosystems, habitats or species ; (h) the furnishing of conditions for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; (i) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (j) the adoption of economically and socially sound measures that act asincentives for the conservation and sustainable use of components of biological diversity; (k) the promotion of the equitable sharing of the benefits arising from the utilisation of knowledge, innovations, genetic resources and practices of indigenous and local communities; and (m) the procedures for the establishment of a system of protected areas where special measures need to be taken to conserve biological diversity. |
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Wildlife Act [No.14] 20150814
Section 14. The Minister may, by statutory instrument, after consultation with the Director, declare an area a bird or wildlife sanctuary and provide for control of entry into, regulate the activities of persons within, the bird or wildlife sanctuary. |
Art.8(e)
The legal framework provides for the promotion of environmentally sound and sustainable development in areas adjacent to protected areas as a way to increase their protection.
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The Environmental Management Act [No.12] 20110412
Section 29(1). A person shall not undertake any project that may have an effect on the environment without written approval of the Agency, and except in accordance with the conditions imposed in that approval. (2) A person, appropriate authority or other public body shall not grant a permit or license for the execution of a project referred to in subsection (1) unless approval for that project is granted by the Agency, or the grant of the permit or license is made conditional upon such approval being granted. |
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Wildlife Act [No14] 20150814
Section 16(2). A mining right shall not be granted in a National Park, Community Partnership Park or bird or wildlife sanctuary without an environmental impact assessment conducted in accordance with procedure specified by the Environmental Management Act, 2011, and which procedures shall take into account the need to conserve and protect- (a) air, water, soil, flora, fish, fisheries and scenic attractions in or on the land over which the right is sought [...] Section 38(1). A person who has reasonble gorunds to believe that a proposed or existing government plan or activity of the government, organization or person may have an adverse effect on wildife in a National Park, Community Partnership Park, bird or wildlife sanctuary, Game Management Area or open area, may request the Minister through the Director that wildlife impact assessment be conducted. |
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The Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, S.I [No.28] 19970412
Regulation 1. These regulations may be cited as the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, 1997. Regulation 3(1). A developer shall not implement a project for which a project brief or environmental impact statement is required under these regulations, unless the project brief or environmental impact assessment has been concluded in accordance with these Regulations [...]. |
Art.8 (f)
The legal framework provides for the rehabilitation and restoration of degraded ecosystems and for the promotion of the recovery of threatened species, in particular through the development and implementation of management plans or strategies.
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The Environmental Management Act [No.12] 20110412
Section 75(1). The Agency shall, in consultation with the local authority and other appropriate authorities within five years of the commencement of this Act identify hilly areas, which are at risk of environmental degradation. (2) A hilly area shall be regarded to be at risk of environmental degaradation if - (a) prone to soil erosion, (b) landslides have occired or likely to oocur in that area; (c) vegetation cover has been removed or is likely to be removed from the area at a rate faster than it is being replaced; (d) any other landuse activity in that area is likely to lead to environmental degradation. (3) The Minister shall, by order in the Gazette, issue a list of landscapes and hilly areas regarded to be at risk from environmental degaradtion, and such landscapes and hilly areas shall be protected under this Act; [...] (5) The Agency shall establish strategies and standards for the management of areas protected under this section. Section 80(1). The Agency may, in liaison with the relevant appropriate authority, direct a person responsible for land dereliction or contamination to carry out rehabilitation works within such period as the inspectorate may specify. (2) Where the inspectorate has reasonable grounds to believe that land contamination in an area warrants immediate correction, it may carry out the rehabilitation works and may charge all or part of the costs of those works to the person responsible for causing the dereliction or contamination, and who shall pay such costs within the period specified by the inspectorate. |
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Fisheries Act [No.22] 20110415
Section 28(1). The Director shall, in consultation with the committee appointed under section 29, prepare a fisheries management plan for the conservation and management of fish, and the development of fisheries management areas. (2) A fisheries management plan shall - (a) identify the fishery to which it relates and state its characteristics and its current state of exploitation; (b) specify the objective to be achieved in the conservation, management and developmemt of fisheries management area; (c) specify the strategies to adopted for effective management and development of the fishery; (d) determine fishing quotas, the amount of fish which may be harvested, the number of fishing licenses which may be issued in respect of the fishery, in any fishing season; (e) Identify any possible adverse effect that fishing activities in the fishery may cause to the environment and provide solution for the management of those effects in accordance with the provision of the environmental management Act, 2011. |
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Wildlife Act [No.14] 20150814
Section 2. In this Act, unless context otherwise requires- "general management plan" means, a document which sets out the basic management and development philosophy for a protected area and provides strategies for addressing problems and achieving identified management objectives. Section 29. A person who settles or lives in a Game Management Area shall comply with the provisions of a general management plan for the Game Management Area. Section 32(2). The Minister shall register as a board, a local community which, in addition to the pre-requisites described in subsection (10), meets the requirements of subsection (3) and shall, in consultation with the board, develop management plans for the Game Management Area or open area which is under their jurisdiction. |
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The Forest Act [No.4] 20150814
Section 40(1). The Director shall, in consultation with the local authority, local community, Chief, joint forest management committee and any stakeholder in a forest area, cause to be prepared a management plan for the forest area according to the purposes for which the forest area is established under this Act. (2) A forest management plan shall - (a) include such maps and descriptive matter as may be necessary to illustrate the proposals in the mnagement plan; (b) provide for all matters referred to in a schedule as may be necessary for the purposes of this Act; and (c) state the institution or authority for the actions necessary to implement the forest management plan. Section 41. The Director shall, for the purpose of preparing a forest management plan under this part, conduct national and local inquiries on the management plan and its implementation as may be necessary to obtain representation from a local community, Chief and any other stakeholder in the prescribed manner. |
Art.8 (f)
The legal framework provides for the promotion of the recovery of threatened species, in particular through the development and implementation of management plans or strategies.
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The Environmental Management Act [No.12] 20110412
Section 27(1). The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe—(f) the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies. |
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Fisheries Act [No.22] 20110415
Section 14(1). The Minister may, by notice in the Gazette, impose any of the following measures: (a) closed seasons for designated areas, species of fish, or method of fishing; (b) prohibited fishing areas for all or designated species of fish or method of fishing; [...] (d) limitation on the amount, size, age, age other characteristics and species or composition of species of fish that may be caught, landed or traded; (e) regulate the landing of fish and provide for the management of fish landing areas; (f) control the introduction into, or harvesting or removal from, any fishery waters of any aquatic plants. (2) Where the use of any fishing gear is prohibited in any area, the Minister may, by notice in the Gazette, prohibit the possession of fishing gear in that area. Section 28(1). The Director shall, in consultation with the committee appointed under section twenty seven, prepare a fisheries management plan for the conservation and management of fish and the development of fisheries management area. |
Art. 8 (g)
The legal framework provides for means to regulate, manage or to control the risks associated with the use of living and modified organisms resulting from biotechnology likely to have unfavorable impacts on the conservation and sustainable use of biological diversity, also taking into account the risks for human health
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The Biosafety Act [No.10] 20070424
Section 2. In this Act, unless context otherwise requires, [...] "biotechnology" means, the developmet of products by exploitating biological processes or susbstances using intact original or modified organisms or by using active sell components; "release" means, any intentional introduction into the environment, of a genetcally modified organism for any commercial purpose, food aid, remediation, rsearch purpose i any field experiment, use of genetically modified organism or product of genetically modified organism in any greenhouse, aquaculture facility, animal accommodation, unless the facility is approved for contained use as part of an approved laboratory [...] Section 5 (1). The function of the authority are to- [...] (d) establish and maintain a data base on genetically modified organisms and products of genetically modified organisms intedned for direct use as food, feed, or for research and production, processing and make available such information to the public; (e) prescribe criteria, standards and guidelines as may be necessary for the implementation of the provisions of this Act; [...] (i) review or have made a risk assessment of any genetically modified organism or product of any genetically modified organism; (j) take measures to protect human and animal health, biological diversity and the environment from the risks that may be posed by any genetically modified organisms or products of any genetically modified organisms. |
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Fisheries Act [No.22] 20110415
Section 43. The Aquaculture license may contain conditions- [..] (b) relating to the control of species of aquatic life that may may be introduced into the aquaculture facility. |
Art.8 (h)
The legal framework provides for the prevention of the introduction of, the control or eradication of alien species that threaten ecosystems, habitats or species.
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The Environmental Managenet Act [No.12] 20110412
Section 27(1). The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe—(g) the prevention of the introduction of, control or eradication of invasive alien species which threaten ecosystems, habitats or species. |
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Wildlife Act [No.14] 20150814
Section 23(1). A person who, without the written consent of the Director, introduces any vegetation or causes any vegetation to be introduced into a National Park, Community Partnership Park or bird or wildlife sanctuary, commits an offence. |
Art.8 (j)
The legal framework provides for the need to respect, preserve and maintain knowledge, practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, encouraging the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to provide for a transparent legal framework for the protection of, and use of, traditional knowledge, genetic resources and expression of folklore [...] to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressinon of folklore Section 4. This Act protects- (a) a holder against infringement of the holder's right in relation to traditional knowledge, genetic resources and expression of folklore; (d) genetic resources found in-situ and ex-situ against misappropriationa and illegal exploitation. Section 20 (1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absebce of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community Section 21. A person who uses traditional knowledge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use the traditional knowledge in manner that respects the traditional values of the holder. Section 41. Access to traditional knowledge and genetic resources shall, subject to other provisions of this Act, be effected by way of an access agreement between the holder and permit holder. Section 42. The nature and amount to be shared by the holder in the benefits derives from the exploitation of genetic resources or traditional knowledge shall be as prescribed in section twenty or as may be determined on a case by case basis. |
Art.8 (k)
The legal framework provides for the protection of threatened species and populations.
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The Environmental Managenet Act [No.12] 20110412
Section 24(1). Subject to subsection (2), the Minister may, by statutory instrument, on the recommendation of the Agency and relevant appropriate authority, declare an area of land which is ecologically fragile or sensitive to be an Environmentally Protected Area. |
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Zambia Wildlife (International Trade in Endangered Species of Wild Fauna and Flora) Regulations [No.61] 20070803
Regulation 1. These Regulations may be cited as the Zambia Wildlife (International Trade in Endangered Species of Fauna and Flora) Regulations, 2007. Regulation 5. These regulations apply to an animal or plant species listed in the First Scchedule to these Regulations. |
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Wildlife Act [No.14] 20150814
Preamble. An Act to provide for the implementation of [...] the Convention on Biological Diversity [...] and other international instruments to which Zambia is a party. Section 36(1). For the purposes of this Act, the Minister shall, by statutory order, in consultation with the Director and on the advice of a board specify, including by scientific name, a wild animal as a game animal or protected animal and in like manner specify a game animal as a protected animal. |
Art. 9 (a)
The legal framework provides for ex-situ conservation of native wildlife species, preferably in tne country of origin of such components.
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The Environmental Managenet Act [No.12] 20110412
Section 28. The Minister may, in consultation with the Agency and the appropriate authorities, make regulations with respect to exsitu conservation so as to— (a) adopt measures for the exsitu conservation of components of biological diversity originating in Zambia; (b) establish and maintain facilities for exsitu conservation and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) adopt measures for the recovery and rehabilitation of threatened species and for their re-introduction into their natural habitats under appropriate conditions; (d) regulate and manage collection of biological resources from natural habitats for exsitu conservation purposes so as not to threaten ecosystems and insitu populations of species; and (f) co-operate in providing financial andother support for exsitu conservation." |
Art.9 (b)
The legal framework provides for the creation and maintenance of facilities for ex-situ conservation of, and research on animals and micro-organisms, preferably in the country of origin of genetic resources.
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The Environmental Management Act [No.12] 20110412
Section 28. The Minister may, in consultation with the Agency and the appropriate authorities, make regulations with respect to exsitu conservation so as to— (a) adopt measures for the exsitu conservation of components of biological diversity originating in Zambia; (b) establish and maintain facilities for exsitu conservation and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) adopt measures for the recovery and rehabilitation of threatened species and for their re-introduction into their natural habitats under appropriate conditions; (d) regulate and manage collection of biological resources from natural habitats for exsitu conservation purposes so as not to threaten ecosystems and insitu populations of species; (e) adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; and (f) cooperate in providing financial andother support for exsitu conservation." |
Art.9 (c)
The legal framework contains provisions aiming at the recovery and rehabilitation of threatened species and at their reintroduction into their natural habitats under appropriate conditions.
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The Environmental Management Act [No.12] 20110412
Section 27(1) The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe—(f) the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies." |
Art.9 (d)
The legal framework provides for the regulation and management of the collection of biological resources from natural habitats for ex-situ conservation purposes so as not to threaten ecosystems and in-situ populations of species.
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The Environmental Management Act [No.12] 20110412
Section 27(1). The Minister may, in consultation with the Agency and the appropriate authorities, make regulations providing for insitu conservation of biological diversity. (2) Regulations made under this section may prescribe— (a) procedures for the establishment of a system of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) how to regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; (e) the promotion of environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of the areas; (f) the rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species through the development and implementation of plans or othermanagement strategies; (g) the prevention of the introduction of, control or eradication of invasive alien species which threaten ecosystems, habitats or species ; (h) the furnishing of conditions for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; (i) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (j) the adoption of economically and socially sound measures that act asincentives for the conservation and sustainable use of components of biological diversity; (k) the promotion of the equitable sharing of the benefits arising from the utilisation of knowledge, innovations, genetic resources and practices of indigenous and local communities; and (m) the procedures for the establishment of a system of protected areas where special measures need to be taken to conserve biological diversity." |
Art.10 (a)
The legal framework requires the integration of conservation and sustainable use of biological diversity considerations into national decision-making.
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Constitution of Zambia (Amendment) Act [No.2] 20160105
Article 257. The state shall, in the utilization of natural resources and management of the environment - (a) protect genetic resources and biological diversity. |
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The Environmental Management Act [No.12] 20110412
Section 6. The following principles shall be applied in achieving the purpose of this Act: (b) adverse effects shall be prevented and minimized through long-term integrated planning and the co-ordination, integration and co-operation of efforts, which consider the entire environment as a whole entity |
Art.10 (b)
The legal framework requires the adoption of measures relating to the use of biological resources to avoid or minimize adverse impacts on biological diversity.
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 2. In this Act, unless context otherwise require- […] "biological resource" includes genetic resources, organisms or parts of these, populations or any other biotic component of an ecosystem with actual or potential value for humanity. |
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Fisheries Act [No.22] 20110415
Section 2. In this Act, unless context otherwise requires- "aquaculture" means, the cultivation, propagation or farming of fish, aquatic vegetation or other living resources whether from eggs, spawn, spat, or seed or by rearing fish lawfully taken from the wild or lawfully imported into the country, or by other similar process. Section 12. In exercise of the powers under and in relation to this Act [...]- (c) the utilization of country's fisheries resources and aquaculture developmemt to achieve a sound ecological balance; (e) The need to achieve optimum utilization and ecologically sustainable development of fisheries resources; (i) the need to preserve biodiversity in fishery waters; |
Art.10 (c)
The legal framework contains provisions to protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to provide for a transparent legal framework for the protection of, access to, and use of, traditonal knowledge, genetic resources and expression of folklore, which also guarantee equitable benefit sharing and effective participation of holders to recognize the spiritual, cultural, social, political and economic value [...] reognize, protect and support the inalienable rights of traditional communities, individuals and groups over trdaitional knowledge, genetic resources and expression of folkore; to confer rights on traditional communites, individuals, groups and promote the conservation and sustainbale utilization of country's biodiversity resource. |
Art.10 (d)
The legal framework requires to support local populations to develop and implement remedial action in degraded areas where biological diversity has been reduced.
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The Forests (Community Forest Management) Regulations [No.11] 20180214
Regulation 1. These Regulations may be cited as Forests (Community Forest Management) Regulations, 2018. Regulation 3. A local community shall, for forests within the jurisdiction of that local authority, identify, support and encourage local communities to apply to the Director for control, use and management of forest for purpose of social, economic and cultural needs. |
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Water Resources Management Act [No.21] 20110415
Preamble. An Act to [...] provide for the constitution , functions and composition of catchment councils, sub-catchment councils and water user associations. Section 24(1). The Minsiter may, on the recommendation of the Authority, by statutroy instrument, constitute a water user association for any catchment area. |
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Fisheries Act [No.22] 20110415
Preamble. An Act to provide for [...] establishment of fisheries management committees. Section 26(1). The Minister may, after consultation with the Minister responsible for environmental protection and management, national heritage conservation and management and wildlife management and with the Director and the local riparian community, by statutory order, declare any area of water to be fisheries management area for the management and sustainable utilization of such species of fish as may be specified in the order. Section 33(1). The Director may, under the Fisheries committee, appoint a zone and village fisheries management committee for the purpose of fisheries and aquaculture development in the area. |
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The Forests Act [No.4] 20150814
Preamble. An Act to provide for [...] the participation of local communities,local authorities, traditional institutions, non-governmental organizations and other stakeholders in sustainable forest management to provide for the conservation and use of forests and trees for the sustainable management of forest ecosystems and biodiversity. Section 29(1). A community forest management group may be formed by a group of persons who - (a) members of a village or in or near a forest; (b) managing forests or part of a forest; (c) desirous to manage a forest or part of the forest. (2) A community forest group shall be formed for the purpose of communal control, use and management of a forest. (3) A community forest management group shall be guided by the following principles- (a) a person living in close proximity to or deriving their livelihood from or having strong traditional ties to the forest shall be shall be given an opportunity to join a forest management group; (b) the purpose for which a community forest management group is formed shall be explained to all persons wishing to join the community forest managemnt group; [...] |
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Wildlife Act [No.14] 20150814
Preamble. An Act to provide for [...] control and co-management of Community Partnership Parks for the conservation and restoration of ecological structures for non-consumptive forms of recreation and environmental education. Section 12(1). The Minister may, on the application of a local community, a person, institution or organization, declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation, or for the purpose of conserving, preserving or restoring genes, species of biological diversity and natural amenities and their underlying ecologica structure [...]. |
Art.10 (e)
The legal framework provides for the promotion of public-private cooperation in developing methods for sustainable use of biological resources.
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to provide for a transparent legal framework for the protection of access to, and use of, traditional knowledge, genetic resources and expression of folklore, which also guarantees equitable sharing of benefits and effective participation of stakeholders [...] Section 21. A person who uses traditional knolwedge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use in the traditional knowledge in a manner that respects the cultural values of the holder. |
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The Forests Act [No.4] 20150814
Preamble. An Act to provide for […] joint forest management, private forests and community forests …[…] Section 36(1). The Minister may, on the recommendation of the Director, local community or owners or occupiers of an area in a forest, declare by statutory instrument, a Local Forest, botanical reserve, plantation, private forest or open area, a joint forest management area. (2) An area proposed to be declared a joint forest management area under this section shall not be declared as such unless the local community or owner of the forest concerned consents to the declaration. |
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Wildlife Act [No.14] 20150814
Section 12(1). The Minister may, on the application of a local community, a person, institution or organization, declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation, or for the purpose of conserving, preserving or restoring genes, species of biological diversity and natural amenities and their underlying ecologica structure [...]. |
Art.11
The legal framework includes economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity.
No relevant elements identified/documented |
Art.12 (a)
The legal framework requires the establishment of programmes for scientific and technical education and training in measures for the identification, conservation and sustainable use of biological diversity and its components.
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The Environemtal Management Act [No.12] 20110412
Section 9(2). Without limiting the generality of subsection (1), the Agency shall— (g) research or sponsor research on the effects of climate change on human beings and the environment; Section 88(1). The Director General shall, in consultation with the relevant appropriate authorites take measures for the integration of environmental matters into schools, colleges and institutions of higher learning. (2) The Director General may publish any information on the protection, conservation, management and utilization of the environnent and natural resources as the Director General considers necessary for public education and awareness. |
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Fisheries Act [No.22] 20110415
Section 4(3)(c). supply or support fisheries educational programs and codes of practice for fisheries management. |
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Wildlife Act [No.14] 20150814
Section 12(1). The Minister may, on the application of a local community, a person, institution or organization, declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation, or for the purpose of conserving, preserving or restoring genes, species of biological diversity and natural amenities and their underlying ecologica structure [...]. |
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The Forests Act [No.4] 20150814
Section 5(2)(g). Develop and implement public education programs on various aspects of forestry, including indigenous knowledge on sustainable use and conservation of forest resources to ensure better appreciation, management and utilization of forest resources; (h) conduct and support forest research and studies on national resource requirement and device best methods for meeting the demand for multiple users of forest resources in an integrated manner, compartible with sustainable use and conservation of biolgical diversity. |
Art.13
The legal framework promotes and encourages activities directed at rising public education and awareness on the importance of biological diversity.
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The Environemtal Management Act [No.12] 20110412
Section 9(2). Without limiting the generality of subsection (1), the Agency shall— (g) research or sponsor research on the effects of climate change on human beings and the environment; Section 88(1). The Director General shall, in consultation with the relevant appropriate authorites take measures for the integration of environmental matters into schools, colleges and institutions of higher learning. (2) The Director General may publish any information on the protection, conservation, management and utilization of the environnent and natural resources as the Director General considers necessary for public education and awareness. |
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Fisheries Act [No.22] 20110415
Section 4(3)(c). supply or support fisheries educational programs and codes of practice for fisheries management. |
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Wildlife Act [No.14] 20150814
Section 6(2)(e). Sensitize and educate the general public on the necessity of wildlife conservation and the importance of wildlife to foster appreciation of economic and aesthetic value of wildlife as natural asserts. Section 12(1). The Minister may, on the application of a local community, a person, institution or organization, declare, by statutory instrument, an area that has an environmental, ecological or scientific value or significance to be a Community Partnership Park for environmental education and recreation, or for the purpose of conserving, preserving or restoring genes, species of biological diversity and natural amenities and their underlying ecologica structure [...]. |
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The Forests Act [No.4] 20150814
Section 5(2)(g). Develop and implement public education programs on various aspects of forestry, including indigenous knowledge on sustainable use and conservation of forest resources to ensure better appreciation, management and utilization of forest resources; (h) conduct and support forest research and studies on national resource requirement and device best methods for meeting the demand for multiple users of forest resources in an integrated manner, compartible with sustainable use and conservation of biolgical diversity. |
Art.14 (1-a)
The legal framework provides for environmental impact assessment of projects likely to have significant adverse effects on biodiversity, allowing for public participation as appropriate.
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The Environmental Management Act [No.12] 20110412
Section 29(1). A person shall not undertake any project that may have an effect on the environment without the written approval of the Agency, and excpet in accordance with any conditions imposed in that approval. |
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Wildlife Act [No.14] 20150814
Section 38 (1). A person who has reasonable grounds to believe that a proposed or existing government plan or activity of the Government, an organization or person may have an adverse effect on wildlife in a National Park, Community Partnership Park, bird or wildlife sanctuary, Game Management Area or open area, may request the Minister through the Director that a wildlife impact assessment be conducted. |
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The Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, S.I [No. 28] 19970227
Regulation 3(1). A developer shall not implement a project for which a project brief or an environmental impact statement is required under these Regulations, unless the project brief or an environmental impact assessment has been concluded in accordance with these Regulations and the Council has issued a decision letter. |
Art.14 (1-b)
The legal framework requires that environmental consequences of national programmes and policies likely to have significant adverse impacts on biodiversity are duly considered.
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The Environmental Management Act [No.12] 20110412
Section 23(1). The proponent of a policy, programme or plan that could have an adverse effect on environmental management or on the sustainable management and utilisation of natural resources shall conduct a strategic environmental assessment of the draft policy, programme or plan and present a strategic environmental assessment report to the Agency, for approval. |
Art.14 (1-c)
The legal framework promotes, based on reciprocity, collaboration with other States, through notification, exchange of information and consultation, on activities likely to significantly affect adversely biodiversity beyond the limits of national jurisdiction.
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The Environmental Management Act [No.12] 20110412
Section 85(1). The Minister may, in consultation with the appropriate authorities and other relevant ministries, collaborate with the relevant authorities of neighbouring countries on environmental management programmes and measures to avoid and minimise trans-boundary environmental impacts. (2) The Minister shall, in cooperation with sector ministries or government agencies, initiate and implement transboundary environmental management programmes with neighbouring countries. |
Art.14 (1-d)
The legal framework provides, in the case of imminent or grave danger or damage, originating under the State's jurisdiction or control, to biological diversity within the area under jurisdiction of other States or in areas beyond the limits of national jurisdiction, for :
- immediate notification to potentially affected States ;
- adoption of action to prevent or minimize such danger or damage.
- immediate notification to potentially affected States ;
- adoption of action to prevent or minimize such danger or damage.
No relevant elements identified/documented |
Art.14 (1- e)
The legal framework provides for national arrangements for emergency responses to
activities or events, whether caused naturally or otherwise, presenting a grave and imminent danger to biological diversity, and promotes international cooperation to supplement national efforts, including through joint contingency plans as appropriate.
activities or events, whether caused naturally or otherwise, presenting a grave and imminent danger to biological diversity, and promotes international cooperation to supplement national efforts, including through joint contingency plans as appropriate.
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The Environmental Management Act [No.12] 20110412
Section 41(1). The Minister shall, in consultation with the Agency and relevant appropriate authority, prepare guidelines for the management of environmental emergencies including (a) oil spills and gas leakages; (b) spills of toxic substances; (c) industrial accidents; (d) natural and climate change related to disaster such as floods, cyclones, droughts and major pest infestations or the introduction and spread of invasive alien species; (e) the influx of refugees; and (f) fire. (2) Notwithstanding subsection (1), the Minister shall not issue separate regulations in relation to the matters to be prescribed where similar regulations have been issued under another law dealing with the particular subject matter. (3) The Agency shall, where regulations are issued under other laws, have the general power to supervise and enforce those regulations to ensure adequate and effective protection of the environment as if issued under this Act. (4) The Minister shall, with a view to prepare an emergency preparedness plan appropriate to the risk anticipated in any establishment, premises or any area of land, consult with the Disaster Management Unit, appropriate authorities, public and private bodies, local and international organisations and members of the public Section 42(1). The Minister may, by notice in the Gazette, where the Minister considers that an emergency has arisen in an area in relation to a pollution incident, declare an environmental emergency in that area. (2) The Minister shall, as soon as an emergency is declared under subsection (1), establish an emergency committee which shall include amongst others, all relevant appropriate authorities to co-ordinate the remedial emergency action under the direction and control of the Director-General. (3) The Minister may, where the Minister declares an environmental emergency in an area, make a statutory order— (a) specifying the conditions applicable to the area; (b) prescribing the signage to designate the area; (c) prescribing the conditions for entry into the area and the activities which may or may not be conducted in the area; (d) prescribing the method of securing the area; (e) regulating the use of the area for a specified period after the lifting of the emergency situation; and (f) any other matter necessary for the purposes of environmental emergencies. |