Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case

Cuthbert Casey Makondo; Sydney Sichilima; Matthews Silondwa; Richard Sikazwe; Lombe Maiba; Chawezi Longwe; Yvonne Chiliboyi

doi:doi:10.11648/j.ijepp.20150304.11

Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case

Cuthbert Casey Makondo, Sydney Sichilima, Matthews Silondwa, Richard Sikazwe, Lombe Maiba, Chawezi Longwe, Yvonne Chiliboyi

Published in International Journal of Environmental Protection and Policy (Volume 3, Issue 4)

Received: 28 May 2015 Accepted: 6 June 2015 Published: 19 June 2015

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Abstract

This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.

Published in	International Journal of Environmental Protection and Policy (Volume 3, Issue 4)
DOI	10.11648/j.ijepp.20150304.11
Page(s)	79-87
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2015. Published by Science Publishing Group

Keywords

Extractive Industry, Triple-Bottom-Line, Sustainability, Environmental Management, Compliance, Law and Policy

References

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APA Style

Cuthbert Casey Makondo, Sydney Sichilima, Matthews Silondwa, Richard Sikazwe, Lombe Maiba, et al. (2015). Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. International Journal of Environmental Protection and Policy, 3(4), 79-87. https://doi.org/10.11648/j.ijepp.20150304.11

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ACS Style

Cuthbert Casey Makondo; Sydney Sichilima; Matthews Silondwa; Richard Sikazwe; Lombe Maiba, et al. Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. Int. J. Environ. Prot. Policy 2015, 3(4), 79-87. doi: 10.11648/j.ijepp.20150304.11

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AMA Style

Cuthbert Casey Makondo, Sydney Sichilima, Matthews Silondwa, Richard Sikazwe, Lombe Maiba, et al. Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. Int J Environ Prot Policy. 2015;3(4):79-87. doi: 10.11648/j.ijepp.20150304.11

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@article{10.11648/j.ijepp.20150304.11,
  author = {Cuthbert Casey Makondo and Sydney Sichilima and Matthews Silondwa and Richard Sikazwe and Lombe Maiba and Chawezi Longwe and Yvonne Chiliboyi},
  title = {Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case},
  journal = {International Journal of Environmental Protection and Policy},
  volume = {3},
  number = {4},
  pages = {79-87},
  doi = {10.11648/j.ijepp.20150304.11},
  url = {https://doi.org/10.11648/j.ijepp.20150304.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20150304.11},
  abstract = {This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.},
 year = {2015}
}

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TY  - JOUR
T1  - Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case
AU  - Cuthbert Casey Makondo
AU  - Sydney Sichilima
AU  - Matthews Silondwa
AU  - Richard Sikazwe
AU  - Lombe Maiba
AU  - Chawezi Longwe
AU  - Yvonne Chiliboyi
Y1  - 2015/06/19
PY  - 2015
N1  - https://doi.org/10.11648/j.ijepp.20150304.11
DO  - 10.11648/j.ijepp.20150304.11
T2  - International Journal of Environmental Protection and Policy
JF  - International Journal of Environmental Protection and Policy
JO  - International Journal of Environmental Protection and Policy
SP  - 79
EP  - 87
PB  - Science Publishing Group
SN  - 2330-7536
UR  - https://doi.org/10.11648/j.ijepp.20150304.11
AB  - This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.
VL  - 3
IS  - 4
ER  -

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Author Information

Cuthbert Casey Makondo

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Sydney Sichilima

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Matthews Silondwa

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Richard Sikazwe

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Lombe Maiba

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Chawezi Longwe

Environmental Engineering Department, Copperbelt University, Kitwe, Zambia
Yvonne Chiliboyi

Institute for Water Research, Rhodes University, Grahamstown, Republic of South Africa

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APA Style

Cuthbert Casey Makondo, Sydney Sichilima, Matthews Silondwa, Richard Sikazwe, Lombe Maiba, et al. (2015). Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. International Journal of Environmental Protection and Policy, 3(4), 79-87. https://doi.org/10.11648/j.ijepp.20150304.11

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ACS Style

Cuthbert Casey Makondo; Sydney Sichilima; Matthews Silondwa; Richard Sikazwe; Lombe Maiba, et al. Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. Int. J. Environ. Prot. Policy 2015, 3(4), 79-87. doi: 10.11648/j.ijepp.20150304.11

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AMA Style

Cuthbert Casey Makondo, Sydney Sichilima, Matthews Silondwa, Richard Sikazwe, Lombe Maiba, et al. Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case. Int J Environ Prot Policy. 2015;3(4):79-87. doi: 10.11648/j.ijepp.20150304.11

Copy | Download

@article{10.11648/j.ijepp.20150304.11,
  author = {Cuthbert Casey Makondo and Sydney Sichilima and Matthews Silondwa and Richard Sikazwe and Lombe Maiba and Chawezi Longwe and Yvonne Chiliboyi},
  title = {Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case},
  journal = {International Journal of Environmental Protection and Policy},
  volume = {3},
  number = {4},
  pages = {79-87},
  doi = {10.11648/j.ijepp.20150304.11},
  url = {https://doi.org/10.11648/j.ijepp.20150304.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20150304.11},
  abstract = {This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.},
 year = {2015}
}

Copy | Download

TY  - JOUR
T1  - Environmental Management Compliance, Law and Policy Regimes in Developing Countries: A Review of the Zambian Case
AU  - Cuthbert Casey Makondo
AU  - Sydney Sichilima
AU  - Matthews Silondwa
AU  - Richard Sikazwe
AU  - Lombe Maiba
AU  - Chawezi Longwe
AU  - Yvonne Chiliboyi
Y1  - 2015/06/19
PY  - 2015
N1  - https://doi.org/10.11648/j.ijepp.20150304.11
DO  - 10.11648/j.ijepp.20150304.11
T2  - International Journal of Environmental Protection and Policy
JF  - International Journal of Environmental Protection and Policy
JO  - International Journal of Environmental Protection and Policy
SP  - 79
EP  - 87
PB  - Science Publishing Group
SN  - 2330-7536
UR  - https://doi.org/10.11648/j.ijepp.20150304.11
AB  - This paper is a review of environmental management compliance of the extractive industry; particularly mining in Zambia and the government’s commitment to environmental protection in view of sustainable development .The main objective of this work was to review industrial compliance against Zambia’s environmental legal regime for the period between 2009 and 2014, track environmental policy development, its implementation within the institutional functional framework in view of precautionary principle, polluter pays principle and sustainability. The authors concluded that while the environmental legal framework may be considered relatively new compared to developed nations like United Kingdom, it dates back to the 1970s and is comparable in terms of strength, to that of developed nations. However, there are many challenges regarding effective implementation. Thus, although there are many stiffer and tougher regulations enacted in Zambia (to a point where some advocates of neo-classical frontiers economics have criticized Zambia as slowly introducing one-more among the most highly regulated environmental sectors in the world, deterring development) the authors concluded that implementation was a huge challenge: implementation of Zambia’s environmental regulatory regime faces wide range of problems, from a highly centralized financial and decision-making system and budgetary allocation of negligible size, to lack of appropriate tools, equipment and personnel technical capacity. It was found that while the environmental regulations have been further stiffened around 2011-2013; compliance of mining companies was lagging behind. This was evidenced by failure of 8 in 10 mining firms to submit periodic reports as per regulatory conditions on their permits. Cases of discharging and disposing of hazardous waste to gain savings from the expenses that would otherwise arise through normal disposal procedures still exist. The authors concluded that while new and stronger measures have been put in place by government to ensure that the environmental degradation caused by mining and other extractive industry activities are adequately managed, the measures are not working effectively. These findings are consistent with the findings of the 2014 Auditor General’s Report. It was clear that co-ordination within the government’s regulatory institutional framework with interacting mandates was weak, while the selective nature on the application of the Environmental Impact Assessment (EIA) regulations was demeaning environmental protection and socio-economic justice.
VL  - 3
IS  - 4
ER  -

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