Chapter One

INTRODUCTION

1.1 Purpose of the Guidelines

The purpose of these Guidelines for Environmental Impact Assessment (EIA) in Malawi is to
facilitate compliance with Malawi’s environmental impact assessment (EIA) requirements by
Government, project developers and the general public. They will help to integrate
environmental concerns in national development. They are applicable to all types of projects, in
the public and private sectors, for which EIA studies may be or are required. It is expected that
sectoral guidelines for specific types of projects (eg. dams, roads, industrial parks) will be
produced in due course by the responsible line agencies with the support of the Environmental
Affairs Department. Both sets of guidelines shall be synchronised with those of various donor
agencies. These guidelines are in the early stage of development. It is expected that as
experience with EIAs grows in Malawi, relevant changes will be made to put them in line with
current practice.

The introduction to the guidelines (Chapter 1) defines EIA, describes objectives of the EIA,
prerequisites and the statutory basis for EIA in Malawi, and indicates how EIA is integrated
into general project planning processes. In Chapter 2, the EIA process, roles and
responsibilities in Malawi are described. The relationship of EIA to other project planning and
approval processes in the country are outlined in Chapter 3. Appendices provide supportive
information on a number of topics.

1.2 What is an Environmental Impact Assessment?

EIA is both a process and a tool for project planning and decision-making. Its purpose is to:

1.2.1 integrate environmental considerations in development planning, thereby promoting

sustainable livelihoods;
1.2.2 ensure that the environmental and socio-economic costs and benefits of economic
development projects are properly accounted for;
1.2.3 ensure that unwarranted negative impacts are avoided or mitigated at an early stage in
the planning process;
1.2.4 ensure that potential benefits are identified and enhanced;
1.2.5 carry out environmental and socio-economic studies of projects in parallel with analyses
of technical and economic feasibility;
1.2.6 ensure that decision-makers are provided with information on a project environmental
costs and benefits to complement information on its technical and economic feasibility
at key decision points in the development of a project;
1.2.7 ensure that all the affected and interested groups (grass-roots communities; government
 authorities, developers, investors, NGOs, etc) participate in the process;
1.2.8 set up a machinery to carry out mitigation and monitoring;
1.2.9 promote inter-sectoral linkages and
1.2.10 conserve the social, historical and cultural values of people and their communities.

These guidelines refer to EIA for projects and their implementation. The word "project" under
the Environmental Management Act (1996) assumes a wide meaning and includes "a
development activity or proposal which has or is likely to have an impact on the environment".
Increasingly project level EIA is becoming recognised as a very useful but limited tool. This is
because projects are proposed within policies, programmes and/or plans which, themselves,
may not have been investigated for their environmental consequences. If these policies,
programmes and plans are skewed to development projects which are less environmentally
sound than they could be, it can be too late, in a project-level EIA, to propose corrective
measures for avoiding or mitigating adverse impacts. EIA at this higher level of analysis is now
often called strategic environmental assessment (SEA). Government will prescribe other kinds
of activities which will benefit from SEA.

1.3 Prerequisites for EIA

A number of factors influence whether or not a nation will have successful Environmental
policies in order to better manage and conserve its environment. Following are the major
factors:

1.3.1 Political Will

Political support and endorsement are vital if EIA procedures are to be accepted. The
commitment of political leadership to create an enabling environment for sustainable
development is a pre-requisite for successful Environmental policies and other
associated activities. This requires the integration of environmental concerns in all
major economic and social policies, plans and decision-making.

1.3.2 Legal Framework

A legal framework is essential for introducing and managing an EIA process. The
Malawi Government has introduced an environmental law within which EIA is a legal
requirement for any prescribed projects under Section 24 (1) of the EMA. The law will
be amended as and when necessary, to be in line with current scientific, technological
knowledge and environmental social needs.

1.3.3 Human Resources Development

EIA capacity and awareness are low in Malawi. To enhance this Environmental Focal
Points have been established in various institutions in the public, private and non-
governmental sectors. Government will design programs of training in EIA within local
institutions such as the University of Malawi and the Malawi Institute of Management.
Environmental education programmes for public awareness are being implemented.
1.3.4 Funding for EIAs
Funding of EIA studies is an obligation of the project developer. This should be
included as part of the project costs.

1.3.5 Environmental Management Plan

Each detailed EIA should have an environmental management plan which provides
details of the work programme and schedule. These may include technical control
measures, an integrated management scheme, monitoring, contingency measures,
operating practices, project scheduling, joint management with affected groups,
mitigation costs and value judgements

1.3.6 Popular Participation

For any successful development activity it is important to have popular participation
right from the grassroots. This allows for accommodating views of those who will
benefit or be affected by the proposed activity. In recognition of this, the EMA calls for
public consultation in the EIA process. This is crucial to ensure environmentally
sustainable development. Public consultations should ensure that women and children
are actively involved since they are the major resource users and managers.

1.3.7 Institutional Set Up

The EIA process requires the establishment and strengthening of competent national
environment authorities through the Act of Parliament. A central authority will
coordinate and advise on all environmental issues, including EIA procedures and
requirements. In Malawi, this is the Environmental Affairs Department (EAD). The
Environmental Affairs Department will collaborate with existing institutions and help
strengthen them and improve their competence in carrying out EIAs. Details of roles of
different institutions are given in Section 2 of these guidelines.

1.3.8 Formal Development Approval System

A formal project development approval process is in place. Public sector development
projects require approval of the National Economic Council prior to the start of
the project. For private sector projects, although there is no need for approval from the
National Economic Council different stages do need approval from different public
sector.

1.4 Statutory Basis for EIA

The application of EIA in Malawi is based upon the requirements of the 1992 Rio Declaration
on Environment and Development and the Environmental Management Act.

1.4.1 By signing the Rio Declaration on Environment and Development, Malawi committed
herself, among other things, to Principle 17 concerning EIA:
1.4.2 Environmental impact assessment, as a national instrument, shall be undertaken for
proposed activities that are likely to have a significant adverse impact on the
environment and are subject to a decision of a competent national authority.

Nationally, the Environmental Management Act outlines an EIA process for Malawi and
requires project developers to comply with that process. The process is managed by the
Director of Environmental Affairs (DEA) in the Environmental Affairs Department (EAD). The
Act specifies that the types and sizes of projects subject to EIA be established and gazetted,
that guidelines are published to assist compliance with EIA requirements, and that non-
compliance is an offence. It also specifies that any project subject to EIA requirements cannot
be licensed and implemented until a satisfactory EIA study has been completed and the project
has been approved by the Director of Environmental Affairs. Project developers are required to
implement any terms and conditions which the Director may attach to his approval. The full
text of the relevant sections of the Act is given in Appendix A.

Thus, EIA is a statutory requirement in Malawi and the Act provides for penalties for non-
compliance. At the same time, the Environmental Affairs Department recognises that legal
sanctions have limited usefulness and that the quest for environmentally-sustainable
development will only succeed if there is society-wide support for achieving its objectives.

1.5 Integrating EIA into the Project Cycle

Any project moves through a number of phases in the course of being transformed from an idea
into an operating concern. Typically, a project begins as a concept then moves through pre-
feasibility and feasibility studies before detailed engineering design and then implementation.
During construction and operation, monitoring and evaluation contribute to the subsequent
development of new project concepts, thus completing the “project cycle”.

Malawi’s EIA process is specifically designed to integrate EIA requirements naturally within
the project cycle. This integration is intentional so that EIA can provide environmental
information at key stages in the project cycle, at the level of detail appropriate for that stage, so
that, whenever possible, impacts can be avoided or minimised through planning and design that
accomplishes both environmental protection and economic development objectives. Thus, early
results from an environmental impact assessment may indicate practical design changes which
would avoid or reduce negative environmental impacts, or better capture environmental
benefits. The project developer may then adopt some or all of these changes into the project
plan, and the final EIA document would be based upon the revised plan and describe both
reduced impact and more modest needs for impact management than it would have otherwise.
Similarly, Government has the opportunity to review and comment upon a project as it is
formulated and, where necessary, requires changes to avoid or reduce adverse environmental
impacts before irrevocable project decisions are made. Thus, the EIA process proceeds in
several stages (Figure 1.1) although not all of which may be required on any particular project.
The Project Brief is intended to be received and reviewed by Government at the project
concept to early pre-feasibility study phase, and for projects which do not require a pre
feasibility stage at feasibility study phase.
If an EIA is deemed necessary, it is timed to coincide with feasibility studies and detailed
engineering design when the detailed information it provides is most useful to project planners.
The purpose of designing EIA requirements in this way is to encourage project developers to
include the “EIA team” within the broader project development team and to make constructive
use of EIA findings as they are generated. The result is that EIA studies should be useful both
to project developers as a planning tool in designing more environmentally sustainable projects
and to Government as an evaluation tool in fulfilling its environmental and natural resources
management responsibilities. The integration of EIA into existing project planning and
approval processes in Malawi is discussed in Chapter 3 of these guidelines

1.6 Who are these guidelines addressed to?

These guidelines are intended for use by:

1.6.1 Government ministries and departments;
1.6.2 Project developers;
1.6.3 The general public;
1.6.4 Politicians;
1.6.5 Consultants;
1.6.6 NGOs and environmental pressure groups
Chapter Two

EIA PROCESS, ROLES AND RESPONSIBILITIES

2.1 INTRODUCTION

The EIA process is managed by the Director of Environmental Affairs (DEA), Environmental
Affairs Department (EAD). EIA requirements apply to both public- and private sector
development projects which are prescribed under Section 24 of the Environmental Management
Act (EMA) and listed in Appendix B of these guidelines.

As provided for in Section 26 of the EMA, a prescribed project cannot receive the required
authorisations to proceed from the relevant licensing authorities unless and until the Director
has issued a certificate stating that an EIA is not required or, on the basis of an Environmental
Impact Assessment (EIA) Report he/she has approved the project. Under the EMA, the
Director is empowered to require changes to a project to reduce its environmental impact and
to reject a project if, in his/her view, it will cause significant and irreparable injury to the
environment. Decisions of the Director may be appealed to the Environmental Appeals
Tribunal (EAT), established under Section 70 of the EMA.

All formal EIA submissions are made to the Director with appropriate scrutiny fee in
accordance with section 29. The preparation of EIA submissions is the responsibility of the
developer.

There are two types of formal submissions which represent sequential stages in the EIA process
they are a Project Brief, and an EIA report. A Project Brief is an information document used
by the Director to determine whether an EIA is required. It should focus on critical issues.

The EAD provides procedural and technical advice to developers, as required, on how best to
comply with EIA requirements. It maintains a directory of local, regional and international
consultants capable of carrying out EIA studies. The EAD also maintains a register of all
projects currently being appraised under the EIA requirements of the EMA.

While the EAD has statutory responsibility for ensuring compliance with EIA requirements, it
relies substantially upon the expertise and advice of the inter-agency Technical Committee on
the Environment (TCE) established under Section 16 of the EMA. The TCE has a rotating
chairperson and the EAD provides secretarial support to it. Through the TCE, member
agencies are informed about projects being appraised under the EIA requirements; participate in
reviews of Project Briefs, EIA ToRs and EIA reports; develop project approval terms and
conditions; develop and monitor project auditing programmes; and recommend courses of
action to the Director. The Director acts on the advice of the TCE but is not bound by it.

2.2 THE EIA PROCESS

The EIA process involves several stages or procedures. As depicted in Figure 2.1, it begins
with a determination by a licensing authority as to whether a proposed project is prescribed
under the EMA. If not, no further action concerning EIA requirements need be undertaken. If
it is, then a Project Brief must be submitted to the Director. The stages which follow after
submission to the Director are:

Screening;
A process of determining what projects should be subject to EIA requirements

Scoping;
Establishes the principle issues to be addressed in an EIA. This is performed by a
project preparation team comprising of the developer and a multi-disciplinary team of
experts. The team should ensure that there is public participation in the EIA process.

EIA study
Five major stages and the report
1 Identification What will happen as a result of the project?
2 Prediction What will be the extent of the change brought
about by the project?
3 Evaluation and Interpretation Do the changes matter?
4 Mitigation What can be done about the changes?
5 Monitoring and Management What are the monitoring and management plans?
6 Report How can decision-makers be informed of what
needs to be done, given the various alternatives?

2.2.1 Project Brief

A Project Brief is a document informing the Director that a prescribed project is being
considered. Guidance on preparing Project Briefs is given in Appendix C of these
guidelines.

For public-sector projects, the Project Brief corresponds to the Project Submission
Document (PSD) used by the National Economic Council (NEC) for internal pre-
appraisal. The PSD would be submitted to the Director at the completion of Stage 2 of
NEC’s project appraisal process.

When the Director receives a Project Brief, he refers it to the TCE for advice. Based
on information in the Project Brief and established project screening criteria (Appendix
D), the TCE assesses the need for an EIA and recommends a course of action to the
Director. The Director then determines whether or not an EIA is required. The
following guiding time frames, in maximum number of working days, will be observed
starting with the date the Director receives the document:
 2.2.1.1 Determining the need for an EIA once a Project Brief is received
By the Director 15 days
2.2.1.2 Review of each draft of EIA terms-of-reference submitted
to the Director 10 days
2.2.1.3 Review of first draft of an EIA report 50 days
2.2.1.4 Review of second and subsequent drafts of an EIA report 25 days

If an EIA is not required, the project is exempt from further compliance with the EIA
requirements. In such instances, the Director issues a certificate to that effect and
advises the developer and relevant licensing authority of the exemption with, if
appropriate, recommendations for environmental management of the project. If an EIA
is required, the Director informs the developer and/or appropriate government
authorities that an EIA must be undertaken and an EIA report prepared.

2.2.2 Environmental Impact Assessment (EIA)

An EIA (EIA) is a comprehensive assessment of the environmental impacts of a project
and is based on terms of reference (ToR) prepared by the developer and approved by
the Director. The written product of an EIA is an Environmental Impact Assessment
(EIA) Report. Guidance on preparing EIA reports is provided in Appendix C of these
guidelines. EIA should be undertaken during pre-feasibility or early feasibility studies
of a project. For public-sector projects, this will be during Stage 3 or 4 of NEC’s
project appraisal process.
Before EIA terms-of-reference are prepared and approved, the issues to be covered in the study
and specified in the ToR are generally identified through scoping discussions between the DEA
and the developer. Scoping is vital to ensure that all potentially significant impacts are included
in the study, that evidently insignificant concerns are excluded and, thus that resources are
conserved and used wisely. The Director may, on the advice of the TCE, require that a more
formal scoping exercise be undertaken, perhaps involving consultations with the public, before
terms-of-reference are approved.

Guidance on preparing EIA terms-of-reference is given in Appendix E of these guidelines. A

model TOR for EIA is given in Appendix F.

Public consultation is mandatory when undertaking an EIA. At a minimum, the proponent must
meet with the principal stake- holders to inform them about the proposed activity and to solicit
their views about it. More problematic activities should involve more extensive consultations.
The methods and results of these consultations must be documented in the EIA. Detailed
guidance on public consultation is given in Appendix G of these guidelines.

When a draft EIA is received by the Director, he initiates a review and refers the EIA to the
TCE. This review is led by EAD staff with the assistance of members of the TCE who have an
interest in the project or expertise needed to complete the review. Depending on the
complexity and scope of the project, individual outside experts or an independent review panel
may be retained to advise the EAD/TCE. Guidance on evaluating the adequacy of an EIA is
given in Appendix H of these guidelines.

EAD staff and or/TCE members may also meet with non-government stake-holders to verify or
extend the proponent's public consultations. The EIA is also made available for public
comment. If considered necessary by the TCE, the Director may also call for a public hearing
(s) on the EIA to solicit direct comments from people who may be affected. Such hearings are
provided for under section 26 of the EMA.

When the reviews are complete and consolidated, the Director meets with the developer and /or
licensing authority to discuss the draft EIA and, if considered necessary by the TCE, require
that corrections and /or additions be made before it is finalised. Subsequent drafts of the EIA
are also reviewed by the TCE until a satisfactory report is produced.

The time periods within which reviews of first and subsequent drafts of EIA should be
completed are outlined in these Guidelines (2.2.1).

Based on the review and the advice of the TCE, the Director determines:

2.2.2.1 That the project must be redesigned to eliminate or reduce adverse impacts, and/or to
enhance environmental benefits, and that the EIA report must be redone and re
submitted for the revised project; or

2.2.2.2 that there is reasonable cause to believe that, even if it redesigned or more detailed
EIA studies are undertaken, the project will cause significant and irreparable injury to
the environment, and that the project is rejected; or

2.2.2.3 That the project will not result in significant injury to the environment and it is
 approved

If the project is approved by the relevant licensing authorities, the Director requests the
TCE to develop and implement a government audit programme to ensure the project
complies with the results of the EIA process. Such programmes are provided for in
Section 27 of the EMA. The compliance with the terms and conditions of the EIA
results is discussed under 2.2.4 below.

2.2.3 Ensuring coordination among different institutions in the EIA process.

Coordination is ensured through the secretarial services provided by the Director to
the NCE which reports through the chair to the Minister. The TCE will provide
technical assistance to the NCE.

2.2.4 Managing Compliance with EIA Results

Compliance with the terms and conditions of project approvals under the EMA is
managed through project audits developed by the TCE and approved by the Director.
It must be emphasised that the EAD’s primary role in project auditing is to facilitate
the development and implementation of audit programmes, and not to over-take the
responsibilities of the licensing authorities.

The EAD relies upon the normal regulatory functions of licensing authorities with
jurisdiction over different aspects of project implementation to carry out the bulk of the
auditing work in accordance with their statutory responsibilities.

In developing an audit programme, it is expected that the TCE will employ practices
and procedures to:
2.2.4.1 Assign lead audit responsibilities to licensing authorities with primary
responsibility for the regulation of projects;
2.2.4.2 Organise technical and logistical support for audit programmes from among the
TCE membership;
2.2.4.3 Prescribe schedules of reports from developers and lead agencies to the TCE;
2.2.4.4 Monitor and report on project audits to the Director; and,
2.2.4.5 Where required, make recommendations to the Director for corrective action
and/or penalties where developers are not complying with the environmental
terms and conditions of project approvals.

2.2.5 Follow - up of EIA process

The participation of lead agencies in the follow up to the implementation of the EIA
is important and for this reason an environmental management and monitoring plan
should form part of the EIA Report to facilitate the monitoring and/or following up of
the EIA process. Details of what needs to be done by whom and when are contained in
this section.

2.3 EIA ROLES AND RESPONSIBILITIES

 EIA activities involve the participation of a number of actors with varying
responsibilities. These actors and their responsibilities include:

2.3.1 Environmental Affairs Department (EAD)

2.3.1.1 Facilitating the EIA process
2.3.1.2 Ensuring compliance with EIA provisions in the EMA
2.3.1.3 Managing the production and updating of guidelines on EIA practice and
procedures
2.3.1.4 Assisting line agencies in the preparation of sector-specific guidelines on EIA
practice and procedures
2.3.1.5 Updating the list of prescribed projects
2.3.1.6 Secretariat to the TCE
2.3.1.7 Maintaining a register of projects being appraised under the EIA process
2.3.1.8 Maintaining a central library of EIA reports
2.3.1.9 Maintaining a directory of local, regional and international consultants capable
of carrying out EIA studies. Criteria used in selecting the consultants will be
outlined at the beginning of the directory.

2.3.2 Technical Committee on the Environment (TCE)

2.3.2.1 Evaluating Project Briefs, EIA terms-of-reference and EIA reports
2.3.2.2 Developing project approval terms and conditions
2.3.2.3 Reviewing and monitoring project auditing programmes
2.3.2.4 Recommending courses of action to the Director.
Reporting to NCE

2.3.3 Functions of the TCE

2.3.3.1 Functions are provided in appendix A

2.3.4 Functions of the NCE

2.3.4.1 Functions are provided in appendix A.

2.3.5 National Economic Council (NEC)

2.3.5.1 Determining if public-sector projects are prescribed under the EMA and
referring PSDs to the Director of Environmental Affairs
2.3.5.2 Assisting the EAD and TCE in updating the list of prescribed projects (e.g.
adding or deleting project types, establishing size thresholds for project referral
to the Director)
2.3.5.3 Participating on the TCE
2.3.5.4 Working with the EAD and TCE to develop and streamline their working
relationship on EIA activities

2.3.6 Sect oral/Line Ministries

 2.3.6.1 Ensuring that their own projects prescribed under the EMA adhere to the EIA
requirements
2.3.6.2 Ensuring that private-sector projects over which they have jurisdiction adhere
to the EIA requirements
2.3.6.3 Participating on the TCE
2.3.6.4 Providing information and advice to project developers
2.3.6.5 Advising project developers on regulations and monitoring requirements related
to licensing their projects
2.3.6.6 Incorporating DEA approval terms and conditions in project licences
2.3.6.7 Ensuring that project licensing terms and conditions are met, including those
specified by the Director of Environmental Affairs

2.3.7 Malawi Investment Promotion Agency (MIPA)/Chamber of Commerce/Local

Authorities
2.3.7.1 Review project briefs from the private sector
2.3.7.2 Make recommendations to the DEA
2.3.7.3 Monitoring compliance by investors

2.3.8 Local Training Institutions

2.3.8.1 Developing and executing short term training programmes on EIA
2.3.8.2 Institutionalise environmental education

2.3.9 Non Governmental Organisations

2.3.9.1 Monitoring compliance with EIAs
2.3.9.2 Identifying projects with potential adverse environmental effects
2.3.9.3 Participating on the TCE

2.3.10 Project Developers

2.3.10.1 Preparing Project Briefs and EIA terms-of-reference and statements and
where they are not able to do so, they should seek the services of the
DEA.
2.3.10.2 Implementing terms and conditions attached to DEA project approvals
2.3.10.3 Reporting on compliance with terms and conditions of DEA approval
to the DEA/TCE and licensing authorities

2.3.11 Public
2.3.11.1 Contributing information and advice to EIA studies
2.3.11.2 Commenting on the content of EIA reports
2.3.11.3 Advising project developers and the DEA/TCE on practical approaches
for avoiding, minimising or compensating for adverse environmental
impacts
2.3.12 Environmental Appeals Tribunal
2.3.12.1 Special interest groups
2.3.12.2 Sensitise public on benefits of EIA
2.3.12.3 Lobby for compliance of EIA
2.3.12.4 Provide information to the affected communities

2.4 PUBLIC CONSULTATION AND ACCESS TO INFORMATION

Public consultation is an integral component of the EIA requirements as indicated in several

places above. The principal elements are:

2.4.1 Developers are required to conduct public consultation during the Project brief and
EIAs.

2.4.2 The Director of Environmental Affairs may, on the advice of the TCE, conduct his or
her own public consultation to verify or extend the work of a developer.

2.4.3 Formal EIA documents are made available for public review and comment. Documents
to which the public has access include Project Briefs, EIA terms of reference, draft and
final EIA Reports, and decisions of the Director of Environmental Affairs regarding
project approval. Practices and procedures for making these documents available to the
public will be developed by the Director on the advice of the TCE.

It is very unusual that an EIA need contain proprietary or market sensitive information
(e.g. technological, financial) which a developer would prefer remain confidential.
Unless public knowledge of such information is crucial to project review, and as
provided for under Section 25(5) of the EMA, the Director will comply with requests
that such information does not appear in an EIA.

2.4.4. Certificates, approving projects will be published by the developer and displayed for
public inspection.

Chapter Three

INTEGRATING EIA INTO EXISTING PROJECT PLANNING AND APPROVAL

PROCESSES

3.1 PUBLIC-SECTOR PROJECTS

The planning, evaluation and approval of public-sector projects in Malawi is administered by

the National Economic Council (NEC). NEC’s Project Planning Manual identifies a number
of key stages in their approval process. Although the need to examine environmental impacts is
indicated, clear guidelines and procedures for doing so are absent. Thus, it is vital that NEC’s
approval process and the EIA process be effectively integrated so that EIA can contribute
materially to the development of public-sector projects without hindering the approval process.

The relationship between the two processes, and the complementarity of their information and
documentation requirements, was indicated in Section 2 above and is elaborated below. This
relationship is in the early stages of its development and it must be recognised that as
experience with EIA in Malawi grows, the modalities of the relationship will become better
developed and streamlined through practice. Thus, it is expected that future editions of these
guidelines will provide more detailed and “field tested” procedures for ensuring that EIA
contributes effectively to the planning and approval of public-sector projects.

The relationship of the two processes is discussed below by describing the stages of NEC’s
process, in italics, and the relationship with the EAD's EIA process.

Stage 1: Identification and Submission

This stage involves identification of a project idea and the preparation of an initial Project
Concept Paper (PCP) by the executing agency. After internal approval, a Project Submission
Document (PSD) is prepared and an internal pre-appraisal is carried out by the executing
agency’s planning unit. Once approved, the PSD is submitted to NEC for pre-appraisal.

During the preparation of PCPs and PSDs, executing agencies should consider the possible
environmental effects of their projects, measures to avoid or minimise those effects, and
whether a project is prescribed under the EMA. If necessary, a “mini EIA” might be
considered for some projects before the PSD is prepared and submitted to NEC. Early
consultations with DEA will help to clarify potential EIA needs for projects.

Stage 2: Pre-appraisal and Entry to the PSIP

NEC conducts a pre-appraisal of the project based on the PSD and a decision is made to:
(a) Reject the project, in which case the proposal lapses;
(b) Refer the PSD back to the executing agency for further preparatory work and re-
submission to NEC;
(c) Fund a pre-feasibility study, at which point the project moves to Stage 3; or
(d) Include the project in the Public Sector Investment Programme (PSIP) for a feasibility
study, at which point the project moves to Stage 4.

If the decision is (c) or (d), and the project is on the list of prescribed projects, the Secretary
for NEC (SNEC) refers the project to the Director of Environmental Affairs to satisfy the
latter’s requirement for a Project Brief. The Director determines whether an EIA is required
for the project and conveys his/her decision to the SNEC and the executing agency.

Stage 3: Pre-feasibility Study

A pre-feasibility study is carried out if the project is large and/or complex, and difficult to
appraise from the PSD. Typically, such projects have several possible modes of
implementation, each with widely different costs and implications. The project is re-evaluated
by NEC based on the findings of the pre-feasibility studies. The project is then either:
(a) Rejected; or
(b) Referred back to the executing agency for further preparatory work and re-submission
to NEC; or
(c) Included in the PSIP for a full feasibility study/design with the expectation of being
implemented, at which point the project moves to Stage 4.

If the project requires an EIA, it is carried out concurrently with the pre-feasibility study and
the EIA report is submitted to the Director. The Director’s decision on the EIA and project is
conveyed to the executing agency and the SNEC.

NEC’s re-evaluation of the project takes into account both the pre-feasibility and EIA reports
and the Director’s decision based on the EIA report. If the Director has decided:

(a) that the project is rejected or must be redesigned and the EIA redone: NEC either
rejects the project or refers it back to the executing agency for further work on both
the pre-feasibility study and the EIA; or
(b) that the project is approved: If NEC includes the project in the feasibility study, it
instructs the executing agency to take full account of the EIA approval terms
and conditions in the feasibility study and, if the project is implemented, to
incorporate them into the appropriate licences.

Stage 4: Feasibility Study

A feasibility study gives a detailed analysis of the technical and financial viability of a project,
leading to the development of a Project Design Document (PDD). The executing agency
conducts an internal appraisal of the PDD before submitting it to NEC for appraisal.
Stage 5: Appraisal

NEC appraises the project proposal based on the PDD. A decision is then taken to:
(a) Reject the project; or
(b) Refer the PDD back to the executing agency for further preparatory work and re-
submission to NEC; or
(c) Implement the project.

In practice, it is unusual for a project to be dropped from the PSIP at this stage.

NEC’s appraisal of the project is based on the PDD, and EIA report and the Director’s
decision, including any approval terms and conditions. If the Director has decided:

(a) that the project is rejected or must be redesigned and the EIA redone: NEC either
rejects the project or refers it back to the executing agency for further work on both
the feasibility and EIA studies; or
(b) that the project is approved: If NEC approves the project for implementation, it
instructs the executing agency to incorporate the Director’s approval terms and
conditions into the project plan and appropriate licences.

If NEC approves the project for implementation, the Director has the TCE develop and
implement a government project audit programme.

Stages 6, 7 and 8: Implementation

These stages involve:

 negotiating financing
 Pre-implementation activities (e.g. Hiring staff, preparation of construction documents,
surveying)
 Implementation (investment, development)
 monitoring and evaluation

The TCE monitors the implementation of the government project audit programme, facilitates
its success, and reports on its progress to the Director.

3.2 PRIVATE-SECTOR PROJECTS

Even though private sector projects have certain distinct characteristics from those of the public
sector, the life cycle is quite similar. The EIA process shall be integrated in their cycle as in
Figure 1.1 of these guidelines. In principle these projects will follow the same EIA procedures
as defined in Figure 2.1 of these guidelines.
A developer will prepare a project brief for submission to the Director through a licensing
authority. If, in view of the licensing authority, there is no EIA requirement for the project, the
authority should submit a copy of the licence and brief to the Director for record and
monitoring purposes.

The time frames and tasks that will apply in the approval process are given in Section 2.2 of
these guidelines. The specific EIA process for the private sector projects shall be as follows:

Stage 1: Identification and Submission

This stage will involve preparing a project brief to be submitted to a licensing authority. The
developer should consider possible environmental effects and considerations of the proposed
project at this early stage.

Stage 2: Pre-appraisal

The licensing authority will review the project brief paying particular attention to the possible
environmental effects. The licensing authority will then submit its comments to the Director.
The Director shall respond to the developer within the time frame for the EIA process as
determined in Section 2.2 of these guidelines. In the case where no EIA will be required, the
licensing authority will still submit the brief to the Director including a copy of the licence.

Stage 3: Feasibility Study

Private sector projects will often combine the pre-feasibility and feasibility stages of the cycle.
Should the Director determine that a project requires going through the EIA process, he/she
shall advise whether an EIA be undertaken concurrently with the feasibility study. He/she shall
further advise the developer to prepare an Environmental Management Plan (EMP). The
decision procedures will then follow through the EIA review process as in Figure 2.1.

Stage 4: Appraisal

This stage will be carried out by different institutions for different clients. Some of these will be
financing institutions such as development banks and investment promotion institutions like
MIPA.

The EAD should develop an audit programme based on Stage 3 above.

Stages 5 and 6: Activation, Implementation and Monitoring

At these stages, the private developer is arranging for financing and other necessary activities to
start implementation. During implementation of the project the EAD should put up a team of
monitors as determined by the EMP in Stage 3.

The EAD and TCE will work with MIPA and the licensing authorities (e.g. local authorities) to
ensure (1) that all know about the EIA requirements, (2) that the appropriate authorities will
withhold approval of prescribed projects until the investor has a certificate from the Director
indicating that an EIA is not required or that the project has received his approval, and (3) that
the process of moving private-sector projects through the EIA process is managed efficiently
and effectively.

References

1. ESSA Technologies Ltd. 1995. Report to the Ministry of Research and Environmental
Affairs, World Bank and United Nations Development Programme, April 1995.

2 Government of Malawi. 1992. Project Planning Manual. Department of Economic

 Planning and Development.

3 Gudgeon, Peter; Tukula, Felix and Willingham, Michael. 1994. Report of a TSS-1
Mission by the UN Department of Development Support and Management Services.

4 JICA. 1992. Environmental Guidelines for Infrastructure Projects. JICA

Environmental Guidelines.

5 Malawi Investment Promotion Agency. 1994. Road map: A Guide to the Investment
Process in Malawi.

6. Management Consulting Services. 1995. Report of the National Workshop on

Environmental Impact Assessment and Training in Malawi, Ryalls Hotel, Blantyre, 6-
11 March 1995. Report to the Ministry of Research and Environmental Affairs.

7. World Bank. 1991. Environmental Assessment Source book, Volume II: Sectoral
Guidelines. Environment Department, World Bank Technical Paper Number 140.
Washington, DC.

8. UNEP Publications

9. Environment Management Act (1996)

10. Government of Malawi. 1995. Draft Environmental Management Bill, 1995.

11. Malawi Economic Report on Environmental Policy. Vol I & II

12. Laws of Malawi Acts contained in the edition of the Law of Malawi as at 31st
December, 1986.

13. Report of the EIA Training Workshop for East and Southern Africa Commonwealth
Countries.

14. Proceedings of EIA guidelines workshop held at Kudya Discovery Lodge

 APPENDICES

Appendix A

EIA Provisions of the Environment Management Act

EIA provisions in the Environment Management Act are found in Sections 24, 25, 26, 27, 29
and 63, 69 and 76:

A.1 Projects for which an Environmental Impact Assessment may be required

S-24. (1) The Minister may, on the recommendation of the Council, specify, by notice
published in the Gazette, types and sizes of projects which shall not be
implemented unless an environmental impact assessment is carried out.

(2) A developer shall, before implementing any project for which an environmental
impact assessment is required under subsection (1), submit to the Director, a
project brief stating in a concise manner-

(a) The description of the project;

(b) The activities that shall be undertaken in the implementation of the
project;
(c) The likely impact of those activities on the environment;
(d) The number of people to be employed for purposes of implementing the
project;
(e) The segment or segments of the environment likely to be affected in the
implementation of the project;
(f) Such other matters as the Director may in writing require from the
developer or any other person who the Director reasonably believes has
information relating to the project.

(3) Where, upon examining the project brief, the Director considers that further
information is required to be stated in the project brief before an environmental
impact assessment is conducted, the Director shall require the developer, in
writing, to provide such further information as the Director shall deem
necessary.

A.2 Environmental Impact Assessment Reports

S-25. (1) Where the Director considers that sufficient information has been stated in the
project brief under Section 24, the Director shall require the developer, in
writing, to conduct, in accordance with such guidelines as the Minister may, by
notice published in the Gazette prescribe, an environmental impact assessment
and to submit to the Director, in respect of such assessment, an environmental
impact assessment report giving-
(a) A detailed description of the project and the activities to be undertaken
to implement the project;
 (b) The description of the segment or segments of the environment likely to
be affected by the project and the means for identifying, monitoring and
assessing the environmental effects of the project;
(c) the description of the technology, method or process to be used in the
implementation of the project and any available alternative technology,
method or process, and reasons for not employing the alternative
technology, method or process;
(d) The reasons for selecting the proposed site of the project as opposed to
any other available alternative site;
(e) A detailed description of the likely impact the project may have on the
environment and the direct, indirect, cumulative, short-term and long-
term effects on the environment of the project;
(f) An identification and description of measures proposed for eliminating,
reducing or mitigating any anticipated adverse effects of the project on
the environment;
(g) an indication of whether the environment of any other country or of
areas beyond the limits of national jurisdiction is or are likely to be
affected by the project and the measures to be taken to minimise any
damage to the environment;
(h) An outline of any gaps, deficiencies and the adverse environmental
concerns arising from the environmental impact assessment and from
the compilation of the environmental impact assessment report;
(i) A concise description of the method used by the developer to compile
the information required under this section.

(2) The environmental impact assessment report shall be open for public inspection
provided that no person shall be entitled to use any information contained
therein for personal benefit except for purposes of civil proceedings brought
under this Act or under any written law relating to the protection and
management of the environment or the conservation or sustainable utilization of
natural resources.

A.3 Review of Environmental Impact Assessment Reports

S-26. (1) Upon receiving the environmental impact assessment report, the Director may
invite written or oral comments from the public thereon, and where necessary
may-
(a) Conduct public hearings at such place or places as the Director deems
necessary for purposes of assessing public opinion therein;
(b) require the developer to redesign the project or to do such other thing
as the Director considers desirable taking into account all the relevant
environmental concerns highlighted in the environmental impact
assessment report, any comments made by the public and the need to
achieve the objectives of this Act;
(c) require the developer to conduct a further environmental impact
assessment of the whole project or such part or parts of the project as
 the Director may deem necessary, or to revise the information compiled
in the environmental impact report;
(d) Recommend to the Minister to approve the project subject to such
conditions as the Director may recommend to the Minister.

(2) In considering whether or not to recommend to the Minister the approval of any
project or of any condition, the Director shall take into account any likely
impact of the project on the environment and the actual impact of any existing
similar project on the environment.

(3) A licensing authority shall not issue any licence under any written law with
respect to a project for which an environmental impact assessment is required
under this Act unless the Director has certified in writing that the project has
been approved by the Minister under this Act or that an environmental impact
assessment is not required under this Act.

A.4 Environmental Audits

S-27. (1) The Director shall, in consultation with such lead agency as he may consider
appropriate, carry out or cause to be carried out periodic environmental audits
of any project for purposes of enforcing the provisions of this Act.

(2) For purposes of subsection (1), the Director, may require a developer to keep
such records and submit to the Director such reports as the Director may deem
necessary.

(3) A developer shall take all reasonable measures for mitigating any undesirable
effects on the environment arising from the implementation of a project which
could not reasonably be foreseen in the process of conducting an environmental
impact assessment and shall, within a reasonable time, report to the Director
such effects and measures.

A.5 Monitoring Existing Projects

S-28. The Director shall take such measures as are necessary for ensuring that the
implementation of any project commenced before the coming into force of this Act
complies with the provisions of this Act.

A.6 Fees
S-29. The Minister may, by notice published in the Gazette, prescribe such fees as may be
necessary for covering reasonable costs for scrutinising environmental impact
assessment reports and for the subsequent monitoring of a project which has been
approved for implementation under this Act.
A.7 Offences Relating to Environmental Impact Assessment
S-63. Any person who contravenes Section 24(3) or fails to prepare an environmental impact
assessment report or knowingly gives false information in an environmental impact
assessment report contrary to section 25 shall be guilty of an offence and be liable, upon
conviction, to a fine of not less than K5, 000 and not exceeding K200, 000 and to
imprisonment for two years.

A.8 Closure of premises

S.76. (1) Where the Director believes, on reasonable grounds, that this Act or any
regulations made hereunder have been contravened, the Director may, subject
to subsection (2), order the closure of any premises by means of, or in relation
to which the Director reasonably believes the contravention was committed.

(2) The closure of any premises shall cease after the provisions of this Act or any
regulations made hereunder have been instituted in respect of the contravention,
in which event the premises shall remain closed until the proceedings are finally
concluded.
Appendix B

List of Prescribed Projects

As prescribed under Section 24(1) of the Environmental Management Act, the types of projects
for which an environmental impact assessment may be required:

LIST A
List of projects for which EIA is mandatory

A1. AGRICULTURE /AQUACULTURE PROJECTS

A1.1 Agricultural drainage projects of more than 1 ha.
A1.2 Irrigation schemes designed to serve more than 10 ha.
A1.3 Land development for the purposes of agriculture on greater than a 20 ha
land holding.
A1.4 Agricultural projects necessitating the resettlement of 20 or more families.
Any change form one agricultural land use to another on greater than a 20 ha
land holding.
A1.5 Use of more than 1 tonne of fertilizer per hectare per annum on greater than
a 20 ha landholding except for lime applications
A1.6 Use of the following concentrations of pesticides on greater than a 5 ha
holding: A.1.6.1 more than 5 l/ha of ultra
low volume pesticides per application;
or
A.1.6.2 more than 1 l/ha of aerial application of pesticides; or
A.1.6.3 more than 20kg/ha for each application of granular pesticides.
A1.7 Construction of fish-farming or ornamental pond(s) where the capacity is
greater than 100 cubic metres or where there is any direct discharge from a
fish pond to a receiving water body.
A1.8 Any proposal to introduce fish species in an area where they do not presently
exist.

A2 PROJECTS IN THE FOOD AND BEVERAGE PRODUCTION INDUSTRY

A2.1 Construction of new abattoirs or slaughtering houses with a capacity of greater
than 100 animals/day and expansions to existing abattoirs or slaughtering
houses to a capacity of greater than 100 animals/day
A2.2 Construction of new canning and bottling operation with work space of greater
than 5000 square metres or expansion to an existing canning or bottling
operation to a work space of greater than 5000 square metres
A2.3 Construction of new breweries and distilleries with a production capacity of
greater than 25,000 litres per day, or expansions to existing breweries or
distilleries to a production capacity of greater than 25,000 litres per day
 A2.4 Construction of new sugar production operations or expansions to existing
sugar production operations by greater than 10%
A2.5 Construction or expansions to tea or coffee processing industries.

A3 WATER RESOURCES DEVELOPMENT

A3.1 Construction, or expansion of, ground water utilization projects where the
utilization will be greater than 15 1/s or where the well is 60 m or deeper
A3.2 Construction of new water pipelines or canals longer than 1 km, or expansion
to existing water pipelines or canals by longer than 1 km, where the cross-
sectional area is greater than 20 square metres and the volume of water to be
carried will be greater than 50 cubic metres per second.
A3.3 Water pumping stations adjacent to lakes, rivers, and reservoirs which withdraw
more than 2 cubic metres per second
A3.4 Drinking water supply schemes to serve a population of greater than 10,000
people, or expansions of existing schemes to serve such a population, or
water reticulation networks with more than 10 kilometres of pipeline
A3.5 area of greater than 100 ha, or expansions of existing reservoirs by greater than
500,000 l or greater than 100 ha.
A3.6 Construction or expansion of dams with a height of 4.5 m or higher .

A4 INFRASTRUCTURE PROJECTS
A4.1 Construction of new sanitary sewerage works, or expansion of existing sanitary
sewerage works, to serve a population of more than 5,000 people.
A4.2 Construction of new storm sewerage works, or expansion of existing storm
sewerage works, to drain an area of greater than 10 ha.
A4.3 Any new sewerage outfall to a receiving water body or location of sewerage
systems or septic tanks within 1 km of a water body.
A4.4 Construction or expansion of septic tanks servicing more than 100 people or
20 homes or which receive more than 100 cubic metres per day of waste water.
A4.5 Construction of new highways and feeder roads or expansion of existing
highways and feeder roads.
A4.6 Construction of new airport and airstrips or expansion of existing and airstrips
and their ancillary facilities.
A4.7 Construction of hospitals with a bed capacity of greater than 200 beds, or
expansions of existing hospitals to a capacity of greater than 200 beds.
A4.8 Construction of new, or expansions to existing, railway lines
A4.9 Construction of new, or expansions to existing port or harbour facilities.
A4.10 Establishment or expansion of industrial estates.

A5 WASTE MANAGEMENT PROJECTS

A5.1 Establishment, or expansion, of any of the following hazardous waste

management facilities:
A.5.1.1 incineration plant
A.5.1.2 off-site recovery plant
 A.5.1.3 off-site waste disposal facility
A.5.1.4 off-site storage facility
A.5.1.5 landfill site
A5.2 Establishment, or expansion, of any of the following municipal solid waste
management facilities serving a population of greater than 1,000 people:
A5.2.1 landfill site
A5.2.2 incineration facility
A5.2.3 composting facility
A5.2.4 recovery/recycling facility
A5.2.5 waste depots/transfer stations
A5.3 Establishment or expansion of, on-site waste treatment facilities.

A6 ENERGY GENERATION, TRANSMISSION AND STORAGE PROJECTS

A6.1 Construction or expansion of electrical generating facilities designed to operate

at greater than 4 MW or, in the case of hydro-electric generating
facilities, where the total head is greater than 20 m or where there is a firm flow
of 100 cubic metres per second.
A6.2 Construction of electrical transmission facilities operating at a voltage of 132
kV or greater
A6.3 Construction or expansion of oil and gas pipelines longer than 1 km.
A6.4 Construction or expansion of storage facilities (excluding services station) for
oil, gas, petrol or diesel located within 3 kilometres of
commercial, industrial or residential areas and with a storage capacity of
500,000 litres or more
A6.5 All activities associated with nuclear power development

A7 INDUSTRIAL PROJECTS

A7.1 Construction of, and expansions to, industries involving the use, manufacturing,
handling storage, transport or disposal of hazardous or toxic chemicals as
regulated under the hazardous chemicals regulation under the Environment
Management Act.
A7.2 Construction of, or expansion to, any of the following industrial operations:
A7.2.1 tanneries
A7.2.2 pulp and paper mills
A7.2.3 lime plants
A7.2.4 cement plants
A7.2.5 all types of smelters
A7.2.6 soap and detergent plants
A7.2.7 fertiliser manufacturing operations
A7.3 Construction of textile manufacturing operations (including carpet-making
which consume greater than 5,000 square metres of surface
area, or expansions to existing textile manufacturing operations to a capacity of
more than 5000 square metres
A8 MINING AND QUARRYING PROJECTS

A8.1 All mining of minerals, expansions to mines, mining exploration activity,

minerals prospecting activity, quarries, gravel pits and removal of sand
or gravel from shore lines, except for those activities which have received a
project specific exemption under subsection 26 (3) of the Environment
Management Act signed by the Director for Environmental Affairs and co-
signed by the Director of Mines

A8.2 Explosives manufacturing

Extraction of top soil or the expansion of such an operation, when the operation
or the expansion is greater than 0.5 ha or when the depth of a pit to burn bricks
from the top soil is deeper than 3 m

A9 FORESTRY PROJECTS

A9.1 Establishment or expansion of logging operations covering an area of greater

than 50 ha.
A9.2 Establishment of, or expansions to existing, logging operations on hill sides
with a slope of greater than 10% covering an area of greater
than 10 ha or any conversion of forested land with a slope of greater than 10%
to another land use on greater than 10 ha.
A9.3 Establishment of logging or conversion of forested land to another land use
within the catchment area of reservoirs
A9.4 Establishment of forest plantations of greater than 50 ha.

A10 LAND DEVELOPMENT, HOUSING AND HUMAN SETTLEMENT

PROJECTS

A10.1 Establishment of, or expansion to an existing; housing development of a size

greater than 5 ha or where more than 500 people are intended to be housed.
A10.2 Resettlement programmes for 500 or more people or the creation of refugee
camps intended to shelter 500 or more people.
A10.3 Filling in water bodies for the purposes of land development where the surface
area of gross fill deposit is greater than 50 ha
A10.4 Land reclamation projects greater than 100 ha.

A11 REMEDIAL FLOOD AND EROSION CONTROL PROJECTS

A11.1 Construction of breakwaters, seawalls, jetties, dikes and groynes of greater than
2 metres in height or 1 km in length to remedy shoreline erosion or flooding
 A11.2 Construction of dams or weirs with a height of greater than 2 metres, or which
divert more than 20 cubic metres per second, or any bypass
channels or channel realignments to remedy riverine erosion or
flooding .
A11.3 Shoreline stabilisation projects where the shoreline involved is greater than
50m.

A12 TOURISM DEVELOPMENT PROJECTS

A12.1 Construction of resort facilities and hotels with a capacity of more than 50
people, or expansions to existing facilities by a factor of greater than 50 people.
A12.2 Construction of safari lodges and operations with a capacity of more than 50
people, or expansions to existing facilities by factor of greater than 50 people.
A12.3 Construction of marine facilities with more than 10 boat slips, or expansion
of existing marine facilities by more than 10 boat slips.
A12.4 Development of tourism master plans which have several projects associated
with them.

A13 PROJECTS, IN PROXIMITY TO, OR WHICH HAVE THE POTENTIAL TO

AFFECT:

A13.1 areas of unique historical, cultural, scientific or geographical significance or

which have received some kind of world heritage designation.
A13.2 national parks, game reserves and protected areas
A13.3 wetlands
A13.4 water bodies
A13.5 flood zones
A13.6 major sources of drinking water, including communal wells
A13.7 cemeteries or ancestral shrines
A13.8 residential, school and hospital areas, as designed in local planning documents.

A14 MAJOR POLICY REFORMS

For example:
A14.1 Degazettment of Forestry Reserves
A14.2 Changes to Zoning Plans.
A14.3 Proposed introduction of exotic species
 LIST B
List of projects for which EIA may be required

B.1 Agriculture/aquaculture schemes

B.2 Drainage and irrigation

B.2.1 large-scale irrigation or drainage schemes
B.2.2 drainage of wetland or wildlife habitat

B.3 Forestry and logging schemes

B.4 Industry
B.4.1 large-scale industrial plants
B.4.2 industries involving the use, manufacture, handling, storage, transport or
disposal of hazardous or toxic materials
B.4.3 breweries
B.4.4 tanneries
B.4.5 agro-industries
B.4.6 pulp and paper mills
B.4.7 lime plants
B.4.8 cement plants
B.4.9 smelters other than iron and steel
B.4.10 iron and steel smelters
B.4.11 petrochemical plants
B.4.12 chemical plants

B.5 Infrastructure
B.5.1 industrial estates
B.5.2 major roads and highways
B.5.3 major railway lines
B.5.4 ports, harbours and lake structures
B.5.5 airports and airport facilities

B.6 Land development

B.6.1 reclamation and new land development
B.6.2 refugee and resettlement schemes
B.6.3 housing developments (large-scale)
B.6.4 dams and man-made lakes
B.6.5 urbanisation

B.7 Mining
B.7.1 mineral prospecting
B.7.2 mineral mining
 B.7.3 ore processing and concentrating
B.7.4 quarrying
B.7.5 brick-making

B.8 Energy generation, transmission and use

B.8.1 thermal power stations
B.8.2 hydropower schemes
B.8.3 high voltage transmission lines
B.8.4 major oil and gas pipelines
B.8.5 biomass burning

B.9 Tourism
B.9.1 major resort facilities and hotels
B.9.2 marinas
B.9.3 safari lodges and operations

B.10 Waste treatment and disposal

B.10.1 municipal sewage: waste treatment plants, outfalls into aquatic systems,
effluent water irrigation schemes
B.10.2 municipal solid waste: landfill and incineration facilities, composting and
recycling plants.
B.10.3 toxic and hazardous waste: incineration plants, recovery plants (off-site), waste
water treatment plants (off-site), landfill facilities, storage facilities (off-site)

B.11 Water supply

B.11.1 ground water development for industrial, agricultural or urban water supply
B.11.2 water withdrawals from rivers, lakes or reservoirs
B.11.3 major water pipelines and canals
B.11.4 cross-drainage water transfers

B.12 Health and population

B.13 Areas protected under legislation

B.13.1 Forest Reserves, Game Reserves.
B.13.2 National Parks
B.13.3 Monuments and declared historical sites

B.14 Areas containing rare or endangered flora and fauna

B.15 Areas containing unique or outstanding scenery

B.16 Tribal habitats

Cemeteries
Ancestral shrines
Appendix C

Preparing EIA Submissions

There are two sequential types of formal EIA submissions which represent progress reports to
meet the requirements of Malawi’s EIA process. They are a Project Brief, and an
Environmental Impact Assessment (EIA) Report.

C.1 PROJECT BRIEF

A Project Brief is a short report informing DEA that a prescribed activity is being
considered. Its sole purpose is to provide sufficient information to allow DEA to
determine the need for an EIA based on screening criteria discussed in Appendix D of
these guidelines. Thus, a Project Brief must contain the information needed by DEA to
evaluate the report against the screening criteria.

Unless a project is likely to have evidently significant environmental impacts, project

developers should be able to prepare a Project Brief with little or no assistance from
environmental specialists. Since projects and their stage in the project cycle vary
widely, detailed guidelines for the content of a Project Brief are not possible. However,
Section 24 of the EMA requires that a Project Brief should at least state:

C.1.1 the nature of the project;

C.1.2 the activities that shall be undertaken;
C.1.3 the possible products and by-products anticipated;
C.1.4 the number of people the project shall employ;
C.1.5 the area of land, air or water that may be affected; and
C.1.6 any other matters as may be prescribed.

More generally, a Project Brief should also contain:

C.1.6.1 A basic description of the project purpose, size, location and preliminary design,
including any alternatives which are being considered (e.g. site, technology,
construction and operation procedures, handling of waste).
C.1.6.2 The stage of the project in the project cycle.
C.1.6.3 A location map of the project site or site alternatives, and a site plan as it is currently
known. Maps and plans should conform to the standards discussed below.
C.1.6.4 A discussion of which aspects of the project are likely to cause environmental concerns,
and of proposed environmental management measures.

C.2 GENERAL REQUIREMENTS OF AN EIA REPORT

Section 25 of the EMA contains a specific list of topics that must be covered in an EIA report.
The intention of this appendix is to elaborate on those topics to give a fuller appreciation of
what an EIA report should contain. Additional topics are also discussed to fill out the contents
of the highest quality of report.

C.2.1 Quality Standards

Project developers and their EIA teams should be mindful that an EIA will be evaluated
by EAD using standard, comprehensive evaluation criteria discussed in Appendix H of
these guidelines. Thus, the criteria embodied in these guidelines represent quality
standards which EAD expects project developers to meet in preparing an EIA report.

C.2.2 Terms of Reference

The terms of reference under which the EIA was prepared should be included in the
report, usually as an appendix.

C.2.3 Identification of the EIA Team

An EIA report should contain a listing of all the team members involved in preparing
the report, their qualifications in summary, and an overview of what each member
contributed to the report preparation.

C.2.4 Discussion of EIA Methods

The methods used in carrying out an EIA should be documented in an EIA report to
assist reviewers in understanding the results and how they were obtained. These
methods include those for identifying potential impacts (e.g. checklists, interaction
matrices), for collecting data and information (e.g. field surveys, public consultation),
and for analysing impacts and assessing their significance.

It is especially important in EIA to make the distinction between the severity of an

impact (e.g. its magnitude, areal extent, duration, frequency and reversibility) and its
significance. This is a fundamental distinction which is often overlooked. Assessing the
significance of an impact involves combining information about its likely severity and
about the importance of the environmental feature being affected. In other words,
impact analysis deals with the question “what’s so?” or is likely to be so. Impact
significance deals with the question “so what?” Decision-makers need to know the
answer to both questions. When methods are unclear and the distinction between
severity and significance are blurred, the usefulness of EIA results to decision-makers is
substantially diminished.

C.2.5 Public Consultation

The methods and results of consulting the public should be documented.

C.2.6 Information and Mapping Standards

All sources of data and information used in an EIA should be suitably documented.
Secondary sources should be acknowledged and properly referenced. Where the
relevance of the information for EIA purposes may be debatable, the EIA should justify
 its use with a discussion of its quality, currency and precision. The EIA should also
identify data and information gaps and analyse their effect on the study results and
reliability.

Other than small-scale location maps, all maps presented in an EIA Report should be at
1:50,000 or larger scale. All maps must be drawn to scale with the scale given.
Thematic information (e.g. Roads, streams, vegetation types) should be mapped using
standard symbols identified in a legend.

C.3 STRUCTURE OF AN EIA REPORT

The typical elements of an EIA report are presented below. While the discussion refers to
“sections” of a report, those that prepare an EIA should not feel constrained by the suggested
structure but use one which best communicates the project and the EIA results. In terms of
content, however, an EIA report should contain material discussed below.

C.3.1 Executive Summary

This is a short but comprehensive summary of the report, with an emphasis on expected
impacts and management measures. In most cases, the summary should be no more
than two or three pages long.

C.3.2 Introduction
The introduction will identify the type of project proposed (e.g. a multi-purpose dam),
its location (or location alternatives) and if the project is part of a larger proposal. The
project developer must be clearly identified as must be the team which carried out the
EIA. It will outline the background to the project and the reasons or necessity for it.

C.3.3. Project Description

The project description will indicate the status of the project in the project cycle -- e.g.
Pre-feasibility, feasibility, detailed engineering and design -- so that the level of detail
and available planning or design options can be understood by reviewers of the report.
The description of the project and its alternate sites, designs and implementation
strategies will be given in only enough detail so that impact forecasts and management
measures can be understood and appreciated. Detailed descriptions of aspects of the
project irrelevant to the forecasting and management of impacts must be omitted. In
most cases, it is not necessary to include detailed process or market-sensitive
information which a developer might want to remain confidential. In most cases, the
description will include:

C.3.3.1 inputs (raw materials), outputs (products), processes and major types of
equipment;
C.3.3.2 maps, flow diagrams and photographs where necessary; and
C.3.3.3 a summary of technical, economic and environmental features essential to
 understanding the project.

The possible project options available within the existing economic, technical and
environmental constraints will be discussed and compared. These could be options in
terms of size, site, technology, layout, raw materials, energy sources and even products.
The principal features of each option will be given and the economic, technical and
environmental advantages and disadvantages of each option will be discussed and
evaluated. Reasons for selecting the preferred option(s) will be given.

C.3.4 Environmental Planning and Design

The report includes a discussion of the environmental planning that has gone into the
project. All the issues that have been taken into account for avoiding or minimising
impacts, for capturing potential benefits, for compensating for residual impacts, and for
impact management are discussed.

The design management features to which the developer is committed are highlighted
as these form a key part of the project design on which impact analysis is carried
out.

The design process should pay particular attention to human health issues.

C.3.5 Public Consultation

The report discusses the objectives, methods and results of public consultations during
the EIA.

C.3.6 Environmental Setting

Most importantly, the report contains a description of the environmental setting. This is
given in only enough detail to allow for an understanding of the analysis and assessment
of impacts. It describes at least the following:

C.3.6.1 the spatial and temporal boundaries within which the environmental setting was
considered;
C.3.6.2 the existing condition of the physical, biological and human environments of the project
area, as well as trends and the anticipated future environmental conditions
should the project not go ahead; and
C.3.6.3 environmentally-sensitive areas of special or unique biophysical, socio-economic or
cultural value.

C.3.7 Assessment of Environmental Impacts

A description of how beneficial and adverse impacts, both direct and indirect, are
expected to occur is necessary for each feature of the environment identified as
 important during the scoping of the study requirements. Possible cumulative and
synergistic effects are highlighted. In each case, the report discusses:
C.3.7.1 the source(s) or cause(s) of the impact;
C.3.7.2 the severity of impact (i.e. Its magnitude, areal extent, duration, etc.) as well as the
likelihood of its occurrence as forecast;
C.3.7.3 the assessed significance of the impact; and
C.3.7.4 possible measures for avoiding or mitigating the impact

It is imperative that the analysis of impacts be based upon a comparison of future

environmental conditions with and without the project. Comparison of project-
induced changes to existing conditions only is not acceptable.

The section includes a discussion of the analytical methods used to forecast impacts, of
how environmental data was gathered, and of the methods and criteria used to judge
impact severity and significance.

This section of the report concludes with a summary of those impacts considered to be
of greatest significance and measures proposed to avoid, reduce and/or manage them.
It also discusses the distribution of adverse and beneficial impacts locally and regionally.
It identifies which impacts the developer is committed to managing during project
implementation and which are residual impacts -- i.e. those which cannot be avoided or
minimised.

C.3.8 Environmental Management Plan

This section summarises the earlier discussion of the planning and design measures that
have been adopted into the project plan to reduce or eliminate potential impacts. It
presents a plan for monitoring and managing impacts during project implementation,
and outlines which activities will be undertaken by the proponent and which should be
the responsibility of government.

C.3.9 Resource Evaluation

Where possible, the report includes an economic evaluation of the environmental costs
and benefits of the project, and identifies those which cannot be evaluated in monetary
terms. The distribution of costs and benefits (i.e. who benefits? Who pays?) is also
discussed.

C.3.10 Summary and Recommendations

Appropriate conclusions should be drawn in each section of the EIA report. It is useful
to have the conclusions summarised in a series of brief statements referring to relevant
sections of the report. The section focuses on significant impacts, the measures
recommended for avoiding or minimising them and the impact management proposals
during project implementation.
C.3.11 Appendices
Appendices contain information not directly useful in the text of the report but needed
for reference or detailed review by technical experts. These could include:
C.3.11.1 The terms-of-reference for the EIA
C.3.11.2 Sources of data and information. All individuals and agencies consulted for
specialist information or knowledge used in the report are referred to in the text
and documented here. Written opinions received from outside specialists may
also be appended. Field data collection programmes completed during the EIA
is also described.
C.3.11.3 Detailed data reduced for use in the main body of the EIA report.
C.3.11.4 Detailed technical analyses of particular impacts (e.g. pollution dispersion, soil
erosion, projections of demands for social services).
C.3.11.5 A summary of the programme for consulting the public in project planning and
assessment, plus a complete record of all parties consulted.
C.3.11.6 Names, qualifications and roles of the team members who carried out the study.
Appendix D

Project Screening Criteria

Once a Project Brief has been received and reviewed by DEA, a prescribed project is exempted
from further compliance with EIA requirements if all of the following conditions are satisfied:

D.1 The project will not substantially use a natural resource in a way that pre-empts the use,
or potential use, of that resource for any other purpose.

D.2 Potential residual impacts on the environment are likely to be minor, of little
significance and easily mitigated.

D.3 The type of project, it's environmental impacts and measures for managing them are
well-understood in Malawi.

D.4 Reliable means exist for ensuring that impact management measures can and will be
adequately planned and implemented.

D.5 The project will not displace significant numbers of people, families or communities.

D.6 The project is not located in, and will not affect, any environmentally-sensitive areas
such as:
D.6.1 national parks
D.6.2 wet-lands
D.6.3 productive agricultural land
D.6.4 important archaeological, historical and cultural sites
D.6.5 areas protected under legislation
D.6.6 areas containing rare or endangered flora or fauna
D.6.7 areas containing unique or outstanding scenery
D.6.8 mountains or developments on or near steep hill-slopes
D.6.9 dry tropical forests ( e.g Brachystegia woodlands)
D.6.10 development near Lake Malawi or its beaches
D.6.11 development providing important resources for vulnerable groups such as fishing
communities along the lake-shore
D.6.12 developments near high population concentrations or industrial activities where further
development could create significant environmental problems
D.6.13 prime ground-water re-charge areas or areas of importance for surface run off of water

D.7 The project will not result in and/or:

D.7.1 policy initiatives which may affect the environment such as changes in agricultural
pricing subsidies or the tobacco liberalization
D.7.2 major changes in land tenure
D.7.3 changes in water use through irrigation, drainage promotion or dams, changes in fishing
 practices

D.8 The project will not cause:

D.8.1 adverse socio-economic impact
D.8.2 land degradation
D.8.3 water pollution
D.8.4 air pollution
D.8.5 damage to wildlife and habitat
D.8.6 adverse impact on climate and hydrological cycle
D.8.7 air pollution
D.8.8 creation of by-products, residual or waste materials which require handling and disposal
in a manner that is not regulated by existing authorities.

D.9 The project will not cause significant public concern because of potential environmental
changes. The following are guiding principles:
D.9.1 Is the impact positive, mainly benign or harmful?
D.9.2 What is the scale of the impact in terms of area affected, numbers of people or wildlife?
D.9.3 What is the intensity of the impact?
D.9.4 What will be the duration of the impact?
D.9.5 Will there be cumulative effects from the impact?
D.9.6 Are the effects politically controversial?
D.9.7 Have the main economic, ecological and social costs been quantified?
D.9.8 Will the impact vary by social group or gender?
D.9.9 Is there any international impact due to the proposed projects?

D.10 The project will not necessitate further development activity which is likely to have a
significant impact on the environment.
Appendix E

Scoping and Preparing EIA Terms-of-Reference

E 1. EIA Scoping

E 1.1. Definition:

Procedure for determining the extent of and approach to an EIA. It is carried out at an initial
stage of project planning after completion of screening. It involves the following tasks:
1.1.1 involvement of relevant authorities and interested and affected parties
1.1.2 identification and selection of alternatives
1.1.3 identification of significant issues to be examined in the EIA
1.1.4 Determination of ToR for the EIA

E 1.2. Aim of scoping

The main aim of scoping is :

1.2.1 to provide an opportunity for the developer, consultant, relevant authorities and
interested and affected parties to exchange information and express their views
and concern regarding a project proposal before an EIA is undertaken,
1.2.2 to focus the EIA study on reasonable alternatives and only relevant issues so as to
ensure that the EIA is useful to decision makers and addressees the concerns of the stake
holder and
1.2.3 to facilitate an efficient assessment process that saves time and resources and reduces
delays

E.1.3. Scoping responsibility and methods

The developer is responsible for scoping. It may be appropriate to appoint a multi disciplinary
team or advisory group to guide the scoping process. The selection of the group members
should be to the satisfaction of the EAD. The group should represent a wide range of interests
points of view and fields of relevant expertise to project The group should be responsible for a
scoping plan or programme which should indicate:
1.3.1 the authorities and public that are likely to be concerned
1.3.2 how they will be notified
1.3.3 what methods will be used to inform them of the proposal and solicit comments
1.3.4 at what stage of the EIA opportunities will be provided for public input.

E 1.4. Scope of EIA

Determine the scope of the EIA involves input from interested and affected parties on:
1.4.1 identification and selection of alternatives
1.4.2 identification of significant issues to be addressed
1.4.3 identification of appropriate mitigating measures and
1.4.4 determination of specific ToR for EIA

E 1.5. Scoping Report (ToR) for the EIA

A written report of the results of the scoping exercise should be prepared by the developer for
record purposes to the interested affected parties.

The report should at least indicate:

1.5.1 how scoping was undertaken
1.5.2 the authorities represented and affected parties consulted
1.5.3 alternatives which should be examined in EIA
the issues of concern
1.5.4 the specific guidelines (ToR) for EIA studies

It is recommended that there should be an opportunity to object to the scoping procedure. The
scoping document, now the EIA ToR, thus many be available for public and authority review
before investigations are too for advanced. The objections would come in if key parties were
not consulted in the scoping or where significant alternatives or issues were omitted from the
investigations. This will reduce unnecessary appeal relating to the adequacy of the EIA at a
late stage.

Model ToR for an EIA are given in Appendix F. The model should only be used as a guide
since projects, their status in the project cycle and proponent needs vary widely. ToR contents
cannot be standardised. Nonetheless, the minimum contents of ToR are:

E.2 EIA ToR

E.2.1 An introduction which presents the developer, the project proposal, its stage in the
project cycle, and the purpose and objectives of the EIA.

E.2.2 Project-related information. The project proposal and any alternatives being considered
should be described in sufficient detail to guide the development of a study proposal.
Available background reports and studies concerning the project and its environment
should be summarised to provide an indication of the kinds of information available for
the study. Project-related policy, legislation and rules should be outlined, as well as
planning and implementation approvals which will be needed from central and local
government authorities.
E.2.3 Specific EIA requirements should be identified in a ToR, especially the particular
environmental concerns to be examined as defined through scoping. These concerns
will have been identified through discussions with government and, perhaps, people
who may be affected by the project.

E.2.4 The need for the EIA to address measures for avoiding, mitigating and managing
 impacts should be clearly stated. In particular, an environmental management plan for
construction, operation and decommissioning phases of the project should be required.

The ToR should require that costs be estimated for all measures recommended to deal
with anticipated impacts, including the implementation of an environmental
management plan. These should include capital, operating and training costs.

E.2.5 The ToR should require a detailed work plan describing the overall study strategy, the
specific tasks to be undertaken, the EIA team members and their responsibilities, the
time schedule for carrying out the work, and the expected outputs.

E.2.6 The nature of the relationship among the EIA team, the proponent, government and the
public should be addressed. To maximise the opportunity for good environmental
planning and design, the ToR should specify that the EIA team work in close
collaboration with the proponent’s engineering team. Thus, the EIA team should be
given the mandate to participate in project planning as well as impact assessment.

E.2.7 The ToR should indicate who should be consulted during the work from both the public
and private sectors. Most importantly, the proponent’s expectations for the extent of
public consultation should be emphasised. The ToR should require that a consultation
strategy be clearly presented (eg. consultation objectives, list of stake-holder or
audiences, methods to reach audiences, scheduling of consultation activities, how
consultation results will be analysed). Guidance on public consultation is given in
Appendix G of these guidelines.

E.2.8 Some ToRs indicate the format of the EIA. This is a useful guide for the team
preparing the EIA but, as a minimum requirement, the EIA should contain the
information discussed in Appendix C of these guidelines.

E.2.9 Expectations for meeting EAD requirements (eg. report contents, number of copies of
the report, responding to review comments) should be specified.
Appendix F

Model EIA Terms-of-Reference

Following are model terms-of-reference (ToR) for an EIA. They assume the project developer
is soliciting proposals from consultants to carry out the work. Thus, the ToR inform the
consultant about the developer’s intentions as well as about what work is expected. Where
project-specific text needs to be inserted by the developer, it is shown in italics.

F.1 INTRODUCTION

(Name of developer) requests proposals from qualified consultants to carry out an

Environmental Impact Assessment (EIA) for the (name of project) in accordance with the
requirements of Malawi’s EIA process. (Name of developer) intends that this project will
incorporate all practical, cost-effective measures for avoiding or minimising negative
environmental impacts, for capturing environmental benefits and, overall, for ensuring sound
environmental management. Thus, the purpose of the study is two-fold:

F.1.1 To provide (developer’s name) with advice on how the project design or plan may be
changed or adapted to avoid or mitigate negative impacts and to better capture
anticipated environmental benefits; and

F.1.2 To prepare an Environmental Impact Assessment (EIA) acceptable to the Director

of Environmental Affairs.

(The developer, the project proposal and its stage in the project cycle are described
in general terms.)

F.2 PROJECT DESCRIPTION

(The project proposal and any alternatives being considered are described in sufficient detail
to inform the preparation of a study proposal. Available background reports and studies
concerning the project and its environmental setting are summarised to provide an indication
of the kinds of information available for the study. Project-related policy, legislation,
regulations and rules are outlined, as well as planning and implementation approvals which
will be needed from central and local government authorities. If it exists, the developer’s
corporate environmental policy is included.)

F.3 ENVIRONMENTAL CONCERNS TO BE ADDRESSED IN THE EIA

In consultation with the Director of Environmental Affairs, the following biophysical, resource
use and socio-economic concerns were identified as the key issues to be addressed in the EIA.

(The agreed upon concerns are listed.)

While the study is to be focused on the above issues, the consultant may, in the course of his
work, identify further concerns which should be addressed. These will be brought to the
immediate attention of (developer’s name) for consideration and possible inclusion in the study
after consultation with the Director of Environmental Affairs.

F.4 ENVIRONMENTAL MANAGEMENT

The consultant will pay particular attention to identifying and recommending measures or
practices for avoiding, mitigating or managing negative impacts of the project, and for
capturing or enhancing potential environmental benefits. As potential measures or practices
begin to be identified, the consultant will bring them to (developer’s name)’s attention for
possible inclusion in the project plan.

In particular, the consultant will prepare an environmental management plan for the
construction, operation and decommissioning of the project. The consultant will estimate the
costs of implementing this plan, including all capital, operating and training costs.

F.5 RELATIONSHIP OF EIA TO PROJECT PLANNING AND DESIGN

To maximise the opportunity for good environmental planning and design of the project, the
consultant will work closely with (developer’s name)’s engineering team. As appropriate, the
consultant will offer suggestions on how the project design or plan may be changed to improve
its environmental performance. Any changes accepted by (developer’s name) will be
incorporated into the project plan and will revise the basis upon which the consultant forecasts
impacts and recommends environmental management measures, practices and costs.

F.6 PUBLIC CONSULTATION

(Developer’s name) intends that all concerned public and private stake-holder in the project
have adequate input to its planning and design, and that the project will be well-received by
them. Thus, in addition to the usual government liaison, the consultant will propose an
adequate programme of consulting the public during the EIA. The purpose of the programme
will be to assist (developer’s name) to both inform all interested parties about the project and
solicit their views about it. Specifically, the consultant will propose an effective, comprehensive
public consultation strategy which includes at least its objectives, an initial list of stake-holder
or audiences to be consulted, methods for reaching these stake-holder/
audiences, the scheduling of consultation activities, and how the consultation efforts will be
analysed. In devising a public consultation programme, the consultant will pay close attention
to the guidance provided in the Guidelines for Environmental Impact Assessment (Appendix
G) published by the Environmental Affairs Department

F.7 CONTENT OF THE EIA REPORT

At minimum, the EIA report produced by the consultant will contain the information outlined in
the Department's Environmental Impact Assessment (Appendix C). The consultant will ensure
that the report can be readily evaluated against the Department's review criteria (Appendix H of
the guidelines).

F.8 REPORTING REQUIREMENTS

The consultant will submit monthly progress reports on the work to (developer’s name).

The consultant will submit (number) copies of the draft EIA report to (developer’s name)
within (number) weeks of signing the study contract. When (developer’s name) has reviewed
the report and the consultant has made any mutually agreed upon changes, the consultant will
submit (number) copies of the final draft report to (developer’s name). (Developer’s name)
will submit the desired number of copies to the Director of Environmental Affairs.

The consultant will make himself available for subsequent discussions about the EIA report
with the Environmental Affairs Department and Technical Committee for the Environment. He
will make any additions, clarifications or changes to the EIA Report agreed upon by both
(developer’s name) and the Director of Environmental Affairs.

F.9 EIA TEAM MEMBERS

The consultant and team members should be recognised by the Minister . At the same time,
the consultant is expected to meet the EIA quality standards expected by the Director of
Environmental Affairs as outlined in Appendix H of the Guidelines for Environmental Impact
Assessment.

F.10 CONSULTANT PROPOSAL

The consultant will submit a technical and cost proposal in response to these terms-of-reference
to (name and address of developer’s representative) by (time and date). The technical
proposal will describe the proposed overall study strategy and detailed work-plan of the specific
tasks to be undertaken, the study team members and their qualifications and responsibilities, the
time schedule for carrying out the work, and the expected outputs. It will include evidence that
the consultant, through past experience and training, is qualified to carry out the work to the
satisfaction of (developer’s name) and the Director of Environmental Affairs. Curriculum vitae
of all principal team members are to be submitted.

The cost proposal will be based on daily fee rates for each team member and the number of
days they will be involved. Proposed field subsistence rates will be given and reimbursable
expenses will be estimated. All expenses will be billed at cost.
Appendix G

Consulting the Public

G.1 WHY CONSULT THE PUBLIC

The EIA process typically involves consultations with members of the public --
individuals, community and business leaders, elected officials, and non-governmental
organisations, for example. These people are consulted because they are usually
“stakeholders” in that, in a number of ways, they can have a “stake” in a project. For
example, a project may provide opportunities for employment and sales of goods and
services, it may displace them from their homes, or it may create noise and pollution
which can affect their health.

Who is consulted during EIA activities, when, how and by whom will vary considerably
from project to project, depending on project needs, but there are a number of reasons
why this consultation is important:

G.1.1 A project creates change. Irrespective of whether it is good or bad, change is usually
upsetting. When people are informed about a project, their anxiety and concerns tend
to be reduced and the project developer finds that his proposals are more readily
accepted by people and government authorities.

G.1.2 When people are informed, they are better able to appreciate the opportunities a project
will have for them such as a job or a market for their goods and services.

G.1.3 People in a project area have a wealth of knowledge and information about local
conditions which can be valuable to those carrying out an EIA or more general project
planning.

G.1.4 Consultations can help avoid EIA omissions and mistakes. Local people can point out
issues of concern to them, and what they value most in their environment, so these can
be incorporated into an EIA.

G.1.5 Local people can easily have suggestions not readily apparent to outsiders on ways to
avoid or minimise adverse impacts, to capture potential benefits, or to resettle displaced
families in a humane manner.

G.1.6 In democratic societies like Malawi, people expect to be consulted about activities
which will affect their families, livelihoods, communities or historical, cultural or
favourite recreational sites. Failure to consult them can result in problems for
government and delays for project developers.
G.2 Methods of Public Consultation
Figure G.1
1 Press conferences
2 Information notices
3 Brochures/fliers
4 Interviews
5 Questionnaires and polls
6 Open houses
7 Community meetings
8 Advisory committees
9 Public hearings

METHODS OF PUBLIC CONSULTATION

There are a number of distinct methods for consulting the public (Figure G.1) but it is
essential to note, at the outset, that no one method is usually sufficient by itself. An
effective public consultation programme typically incorporates two, three or more
methods which complement each other in ensuring adequate input to the EIA process.

G.2.1 Press conferences, information notices & brochures/ fliers

Typical methods used to disseminate public information about a project. The sole
objective of these methods is to inform the public so, strictly speaking, they are not
genuine consultation. They are one-way communication "with" no attempt made to
solicit people’s views about the project. However, using information programmes can
play the very useful purpose of letting people know what is going on and of stemming
the proliferation of incomplete and inaccurate information via rumours and false
reports. Public information methods are most useful if there are a series of information
releases as a project moves through the project cycle, timed to coincide with major
planning stages and decision points.

Genuine public consultation goes beyond issuing information to using two-way

communication methods which allow the public both to be informed and to express
their views about a project. Open dialogue is considered to be the best way to share
information and views, and to resolve issues, in a mutually satisfactory manner. The full
range of consultation methods should be considered in the design of an appropriate
public consultation programme. These methods include interviews, questionnaires,
polls, open houses, community meetings, advisory committees and public hearings.
Generally, more complex or sensitive situations require a more thorough consultation
effort.

G.2.2 Interviews, questionnaires and polls

Useful for soliciting information about an environmental and socio-economic setting for
use in an EIA. They assist in gathering the views of the public about the project
proposal, its desirability, and how it might best fit into the local community.
G.2.2.1 Interviews
Generally conducted individually with a selected group of people, hopefully
representative of the range of “stakeholders” in a project. They tend to be unstructured
conversations, guided by some general questions, in which the interviewer seeks key
information about a project and responses to it.
G.2.2.2 Questionnaires and polls
The methods seek more specific information from a broader sample of people. They
are not simple “instruments” to design and implement. The questions must be carefully
crafted to avoid ambiguity and “leading” the respondent to a particular reply. Both
“closed” and “open” questions can be asked, the first presenting a set range of replies
for the respondent to choose from, and the second allowing the respondent to say
anything. The two types are often used together to cover the same topic and provide
the opportunity for unexpected answers. Questionnaires and polls must be pre-tested
before implementing them in the field to ensure that difficulties in wording and
presentation are eliminated. They are always implemented with a sample of the
population large and diverse enough to get an accurate picture of the entire population -
- ie. they are not a census. The design of questionnaires, polls and sampling strategies
is a complex subject, particularly if statistically valid results are desired.

G.2.3 Open houses

Informal forums where project sketches, maps and other information is displayed, hand-
outs are available, and developer representatives are present to answer questions.
Visitors come and go as they please. Open house events can be scheduled for different
days, time periods and venues to be convenient to all stakeholders. It is often helpful to
provide a questionnaire or comment sheet to assist visitors in providing feedback.

G.2.4 Community meetings

More structured gatherings where the developer, stakeholders and, perhaps,
government representatives exchange information, views, concerns and suggestions.
Open and genuine dialogue can be very beneficial for all concerned but it must be
handled with great care to avoid degenerating into open conflict and polarised
positions. In particular, any hint that the consultation is not genuine will undermine the
effectiveness of a meeting. Moreover, all participants must be clearly aware of what
their role is and the extent of their ability to influence the project being discussed.

G.2.5 Advisory committees

Normally comprised of a cross-section of affected people, groups and organisations.
They are often employed in more complex project situations with a greater potential for
conflict but can also be very effective in simpler situations. Their purpose is to provide
a forum for the ongoing exchange of information and views between stakeholders and
the proponent throughout the project cycle, and for the timely identification of
problems and solutions as project planning and implementation unfolds. In establishing
committee membership, a balance of interests should be maintained to promote broad
thinking and creative solutions. Terms-of-reference should clearly state the committee’s
mandate and guide its work (eg. will recommendations be made and to whom, will the
 committee have any authority to make binding decisions?). Advisory committees
require time, effort and money to be effective but can contribute substantially to
achieving acceptable results for all concerned. A proactive developer may well consider
this method from early in the project cycle to enhance the chances for smooth project
planning, approval and implementation.

G.2.6 Public hearings

Formal meetings are usually held to consider the official approval of an EIA or of an
entire project. They are structured proceedings, presided over by an administrative
authority, in which testimony is given and examined, arguments for and against
approval are heard, and a decision is made concerning approval or not. Depending on
the jurisdiction, public groups may or may not have “standing” in the proceedings -- ie.
have the right to participate. Where standing does exist, some jurisdictions provide
“intervenor funding” so that public groups can participate meaningfully when lack of
funds is a significant constraint. Thus, public hearings provide an opportunity for
stakeholders to challenge a proposal but little opportunity for the constructive exchange
of information and ideas which other forms of public consultation are intended to
achieve. To ensure that such hearings are efficient and effective, it is best if they are
preceded by other methods of public consultation.

G.3 GUIDELINES FOR PUBLIC CONSULTATION

When considering the extent of public consultation needed for a project, one must consider the
reasons why public consultation is important (Section G.1 above). Obviously, some
consultation is desirable, if only to gather local information for project planning and to produce
an acceptable EIA report. However, as discussed above, public consultation can take many
forms and range from a limited to a very comprehensive and extended programme. Because
project needs and local sensitivities will vary widely, what will be desirable for a particular
project cannot be generically specified. Both Government and developers will need to be
adaptive, responsive and willing to learn from experience before more prescriptive guidelines
can be designed.

Most importantly though, public consultation should not be conceived as a “one-time” exercise
but as a programme extending throughout the project cycle. In general, the programme
should:
G.3.1 be started as early as possible in the project cycle. This will ensure that information is
given and received in a timely fashion to expedite the EIA and to dispel unfounded
rumours and suspicions which may make project planning and implementation more
difficult.

G.3.2 be continued at some level throughout the project cycle. A sustained programme will
contribute to better project planning, to enhanced public confidence in a project, and to
timely notice should difficulties with public acceptance of a project begin to develop.

G.3.3 have its major elements timed to coincide with significant planning and decision-making
 activities in the project cycle. In terms of Malawi’s EIA process, public consultation
could be undertaken during:
G.3.3.1 the preparation of EIA terms-of-reference
G.3.3.2 the carrying out of an EIA
G.3.3.3 government review of an EIA report
G.3.3.4 the preparation of environmental terms and conditions of approval

G.3.4 Make substantial efforts to overcome evident constraints to public consultation in a

developing country such as poverty, the dispersed nature of rural populations, illiteracy,
cultural characteristics which might inhibit participation by some people (eg. women,
minority groups), and the dominance of interest groups. Information and consultation
approaches need to be appropriate to both a project and its social setting.

G.3.5 Ensure that it reaches all important stakeholders in a project area and both informs them
about a project and gathers their views on its costs and benefits and how these can best
be managed.

In terms of informing the public, the developer should at least place advertisements in national
and project area newspapers, and perhaps on the radio, letting people know when a Project
Brief, an EIA report has been submitted to the EAD; where they can review the document; and
who they should contact if they want further information.

The objectives, methods and results of consulting the public during an EIA must be
documented in the EIA report. Lists of individuals, groups and organisations which were
consulted should be included as an appendix to the study report.
Appendix H

Evaluating the Adequacy of an EIA REPORT

An EIA should be able to assist;

(a) PROJECT DEVELOPERS

to plan, design and implement their projects in a way that minimises adverse impacts
on the biophysical and socio-economic environments, and captures potential
environmental benefits;

(b) GOVERNMENT OR LICENSING AUTHORITIES

to decide whether or not a project should be approved and, if so, under what terms
and conditions; and

(c) THE PUBLIC

to understand a project and its environmental effects, and to make informed and
substantive comments in the process of project review and approval.

To serve these purposes, an EIA must perform a number of distinct tasks. The objective of
evaluating reports is to determine whether the tasks are adequately performed.

H.1 BASIC GUIDELINES

For an EIA report to be useful, it has to disclose all relevant environmental considerations
associated with a project and also provide information needed by decision-makers to assess the
acceptability of the environmental consequences. Thus, the reviewer asks a number of basic
questions before coming up with conclusions on the effectiveness of the report:

H.1.1 Has the EIA report addressed all the important issues in the terms-of-reference?
Does it analyse all the relevant environmental issues associated with the project?

H.1.2 Is it suitably focused on the key questions which need to be answered to make a
decision about the proposed project?

H.1.3 Are the methods used to gather and analyse information both scientifically and
technically sound?

H.1.4 Is the EIA report clearly and coherently organised and presented so that it can be
understood, especially by the lay public and decision-makers?

H.1.5 Does the EIA report provide the information needed by decision-makers to assess
whether or not the environmental consequences are acceptable?
H.2 REVIEW TOPICS FOR EVALUATING AN EIA REPORT

Standard, comprehensive review topics are presented below to assist reviewers of an EIA
Report to answer the above basic questions in a consistent, systematic and consistent manner.
While this is their primary purpose, the review topics should also be useful to project
developers in drafting terms-of-reference for an EIA report and in appreciating what the
Environmental Affairs Department expects from an EIA report. They should also be useful to
the public to guide their own reviews of an EIA report and focus their comments on salient
issues.

The review topics are designed to alert reviewers to areas of weakness or omission in an EIA
Report. These most often occur when certain tasks are omitted; unsuitable or ad hoc methods
are used; biased or inaccurate supporting data are introduced; or the rationale or justification
for conclusions is not given. In this way, sources of weakness can be identified and, if
necessary, become the subject of revision or further, specialist investigation.

The review topics are organised into four Review Areas:

H.2.1 Description of the development, the local environment and the baseline conditions;

H.2.2 Identification, analysis and assessment of impacts;

H.2.3 Consideration of alternatives and impact mitigation; and

H.2.4 Communication of the results.

Each Review Area contains a number of Review Categories (the numbered items) with more
detailed Review Criteria (the bullated items). By considering the integrity of an EIA report
for each set of Review Criteria, a reviewer can make a judgement about its adequacy in the
Review Category. Overall, the effectiveness of the EIA report in the four Review Areas
contribute to judging the value of the EIA as whole. Review topics which should be treated
satisfactorily for an EIA report to meet the minimum requirements generally expected of such
reports are printed in bold.

The review topics are arranged, so far as is possible, to reflect the order in which tasks should
be performed in carrying out an EIA. This is important because many of the later tasks (topics)
require information which will only be available if earlier tasks have been adequately performed.
The comprehensive treatment of mitigation measures, for example, will only be possible if all
significant impacts have been correctly identified and analysed. The reviewer should be alert to
these interactions and take them into account in his/her evaluations. Thus, in using the review
topics, it is best to work through the four Review Areas in order.

Reviewers should bear in mind that a review topic is properly handled if there is sufficient
information to allow a decision-maker to make an informed decision without having to seek
further advice. Also, the information needed to consider any particular topic may not be
located all in one place, and may be implicit in the treatment of other topics rather than
explicitly provided.

Finally and most importantly, use of these review topics assist a reviewer to make a judgement
as to whether or not an EIA report does a good job of assessing the impacts of a development
project. They do not assist in determining whether or not these impacts are acceptable. This
distinction is important because an EIA report should provide information to support decision-
makers in carrying out their responsibilities, and not try to carry out their responsibilities for
them. Report reviewers have the same task. It is their role to analyse an EIA report, determine
if it does a proper job or needs revision or further study, and then advise decision-makers of the
results so that decisions can be considered and made about the project being reviewed.

Review Area 1:
Description of the development, the local environment and the baseline conditions

11 Description of the development:

The purpose(s) of the development is described as well as its physical characteristics,
scale and design. Quantities of materials needed during construction and operation are
included and, where appropriate, a description of the production processes.

1.1.1 The purpose(s) and objectives of the development are clearly explained.

1.1.2 The design, size or scale of the development, and the nature and duration
of construction and operation activities, are clearly described. There is an
proper indication of the physical presence or appearance of the completed
development within the receiving environment. Diagrams, plans, charts,
maps and/or photographs are used effectively for this purpose.

1.1.3 The report describes the environmental planning that went into the design
of the project to minimise negative environmental effects and capture
potential benefits.

1.1.4 Important design features, especially those for environmental and socio-
economic management (eg. pollution control, waste management, erosion
control, handling of toxic or hazardous materials, worker services) are
highlighted.
1.1.5 The nature and quantities of materials needed during both the construction and
operational phases are described as well as, where appropriate, the nature of the
production processes.

1.1.6 The number of workers involved with the project during both
construction and operation are estimated.
1.2 Site description:
 The on-site land requirements of the development are described as well as the duration
of each land use.

1.2.1 The land area taken up by the development site is well defined and its
location clearly shown on a map.

1.2.2 The uses to which this land will be put are described and the different land use
areas demarcated.

1.2.3 Where alternate plans, designs or sites are being considered, each is adequately
discussed in detail.

1.3 Residuals:
The types and quantities of residual and/or waste matter and energy created are
estimated, the expected rate of production given, and the proposed disposal routes to
the environment defined.

1.3.1 The types and quantities of waste matter, energy and residual materials,
and the rate at which these will be produced, are properly estimated.
Uncertainties are acknowledged and ranges or confidence limits given
where possible.

1.3.2 The ways in which it is proposed to handle and/or treat these wastes and
residuals is indicated, together with the routes by which they will
eventually be disposed of to the environment.

1.4 Bounding the study:

Appropriate boundaries to the study area and time horizon are identified.

1.4.1 The environment expected to be affected by the development is delimited

with the aid of suitable scale map(s).

1.4.2 The affected environment is defined broadly enough to include any

potentially significant effects occurring away from the immediate project
site(s). These may be caused by, for example, the dispersion of pollutants,
off-site infrastructure requirements, etc.

1.4.3 The time horizon of the study is defined and long enough to account for delayed
effects.

1.5 Baseline conditions:

A description of the affected environment as it is currently, and as it could be
expected to develop if the project were not to proceed, is presented.

1.5.1 The important components of the affected environments are clearly

 identified and described. The methods and investigation undertaken for
this purpose are disclosed and are appropriate to the size and complexity
of the assessment task. An appropriate amount of field work was done.
Uncertainties are indicated.

1.5.2 Existing data sources were searched and, where relevant, used. These include
local authority records and studies carried out by, or on behalf of, government
and private-sector organisations.

1.5.3 Local land use and development plans were consulted and other data collected
as necessary to assist in the determination of the probable future state of the
environment, in the absence of the project, taking into account natural
fluctuations and human activities.

Review Area 2:
Identification, Analysis and Assessment of Impacts

2.1 Identification of impacts:

All potentially significant impacts are identified. Key impacts are also identified and the
main investigation centred on these.

1.2.1 All important issues identified in the EIA terms-of-reference are included
in the report. Deviations and exclusions are properly
accounted for.

1.2.2 Direct and indirect impacts are identified using a systematic methodology
(eg. project-specific checklists, interaction matrices, impact networks,
expert judgement, extensive consultations). A brief description of the
impact identification methods is given along with the rationale for using
them.

1.2.3 Due attention is paid to environmentally-sensitive areas; to off-site, time-

delayed or recurring (eg. seasonal) impacts; and to cumulative or synergistic
effects with existing and anticipated developments.

1.2.4 Consideration is not limited to effects which will occur under design operating
conditions. Where appropriate, impacts which might arise from non-standard
operating conditions, or due to accidents, are also included.

1.2.5 All phases of the project are considered -- eg. pre-construction,

construction, operation and decommissioning.

1.2.6 Key impacts were identified and selected for more intense investigation.
The scoping methods are described and their use justified.
2.3 Analysis of impact severity:
The likely impacts of the development on the environment are analysed and described in
as precise terms as possible.

2.3.1 Impacts are analysed as the deviation from baseline conditions, ie. the
difference between environmental conditions expected if the development
were not to proceed and those expected as a consequence of it.

2.3.2 The data used to estimate the severity of impacts is sufficient for the task
and clearly described. Any gaps in the required data are indicated and
accounted for.

2.3.3 The methods used to predict impact severity are described and are
appropriate to the size and importance of the projected disturbance. The
assumptions and limitations of the methods used are explicitly discussed.

2.3.4 Descriptions of impact severity encompass the appropriate characteristics of

impact (eg. magnitude, areal extent, duration, frequency, reversibility,
likelihood of occurrence).

2.3.5 Where possible, estimates of impacts are recorded in measurable quantities with
ranges and/or confidence limits as appropriate. Qualitative descriptions, where
necessary, are as fully defined as possible (eg. “minor means not perceptible
from more than 100 metres”).

2.4 Assessment of impact significance:

The expected significance that the projected impacts will have for society are properly
assessed. The sources of quality standards plus the rationale, assumptions and value
judgements used in assessing significance are fully disclosed.

2.4.1 The significance of all impacts which will remain after mitigation are
described and clearly distinguished from impact severity.

2.4.2 The significance of impacts is assessed using appropriate national and

international quality standards where available. Explicit account is taken of the
values placed on affected environmental features locally, nationally and (where
appropriate) internationally.

2.4.3 The choice of standards, assumptions and value systems used to assess
significance are justified and the existence of opposing or contrary opinions
acknowledged.

2.4.4 Wherever possible, economic values are attributed to environmental costs and
benefits.
 2.4.5 Individuals, groups, communities and government agencies affected by the
project are clearly identified.

Review Area 3:
Alternatives and Mitigation

3.1 Alternatives:
Project alternatives are considered. These are outlined, the environmental implications
of each are presented, and the reasons for their adoption or rejection briefly discussed.

3.1.1 Alternate sites, processes, designs and operating conditions are considered
where these are practicable and available to the developer. The main
environmental advantages and disadvantages of these are discussed and
the reasons for the final choice given.

3.1.2 Where possible, alternate construction strategies (eg. timing, local versus
imported labour) are considered and assessed for their environmental and socio-
economic implications.

2.1.3 For public-sector proposals, alternate means of achieving project goals are
considered (eg. energy efficiency investments versus dams for energy supply).
If not, the report discusses why this was not done.

3.2 Scope and effectiveness of mitigation measures:

All significant adverse impacts are considered for mitigation. Evidence is presented to
show that proposed impact management measures will be appropriate and effective.

3.2.1 Concerned stake holder (eg. individuals, groups, communities,

government agencies) have been adequately consulted and their views
accounted for in the development of mitigation measures.

3.2.2 The mitigation of all significant adverse impacts is considered. Wherever

possible, specific mitigation measures are defined in practical terms (eg.
costs; manpower, equipment and technology needs; timing).

3.2.3 Any residual or unmitigated impacts are discussed and justification offered as to
why these impacts should not or cannot be mitigated.

3.2.4 It is clear to what extent the mitigation methods will be effective. Where the
effectiveness is uncertain or depends on assumptions about operating
procedures, climatic conditions, etc., data is introduced to justify the acceptance
of these assumptions.

3.2.5 An effective environmental monitoring and management plan is presented

 to deal with expected, possible but uncertain, and unforeseen impacts
caused by the project. Training needs are identified. The costs of the
programme are estimated. Developer and government responsibilities are
distinguished and reporting procedures are specified.

3.3 Commitment to mitigation:

The project developer clearly expresses his/her commitment to, and capability of,
carrying out the mitigation measures.

Review Area 4:
Communication

4.1 Public consultation:

There were genuine and adequate consultations with concerned project stake
holder to appraise them of the project and its implications, and to obtain their
views on key issues to be investigated and managed. The objectives, scope and
results of the public consultation programme are clearly documented in the
report.

4..2 Layout:
The layout of the report enables the reader to find and assimilate information easily and
quickly. External data sources are acknowledged.

4.2.1 There is an introduction briefly describing the project, the aim of the
environmental impact assessment and how this can be achieved.

4.2.2 Information is logically arranged in sections or chapters and the

whereabouts of important data is indicated in a table of contents or index.
Terms-of-reference and data used in the assessment are included in
appendices. The study team members are identified.

4.2.3 When data, conclusions or quality standards from external sources are
introduced, the original source is acknowledged at that point in the text. A full
reference is included in a footnote or in a list of references.

4.3 Presentation:
Care is taken in the presentation of information to make sure that it is accessible to the
none-specialist.

4.3.1 Information is comprehensible to the non-specialist. Tables, graphs and

other graphics are used as appropriate. Unnecessarily technical or
obscure language is avoided. Technical terms, acronyms and initials are
defined, either when first used in the text or in a glossary.
 4.3.2 The report is presented as an integrated whole. Data presented in appendices is
fully discussed in the main body of the text.

4.4 Emphasis:
Information is presented without bias and receives the emphasis appropriate to its
importance in the context of the project.

4.4..1 Prominence and emphasis is given to all potentially significant impacts,

both adverse and beneficial, in a balanced manner.

4.4.2 The report is unbiased and does not argue for any particular point of view.

4.5 Non-technical summary:

There is an adequate non-technical summary outlining the main conclusions and how
they were reached.
4.5.1 There is an adequate non-technical summary of the analysis and main
findings of the study. Technical terms, lists of data and detailed
explanations of scientific reasoning are avoided.

4.5.2 The summary is comprehensive, containing at least a brief description of the

project and its environmental setting, an account of the main impacts and
mitigation measures to be undertaken by the developer, and a description of any
remaining or residual impacts. A brief explanation of the methods by which
information and data were obtained, and an indication of the confidence which
can be placed in them, is also included
Annex

List of Sectoral Legislation

With Environmental and Natural Resources provisions

1 LAND RESOURCES LEGISLATION

1.1 LAND ACT (CAP 57.01) - customary, public and private land, use of land, trespass
and encroachment.

1.2 REGISTERED LAND ACT (CAP 58.01) - registration of title, land and dwellings on
registered land.

1.3 CUSTOMARY LAND (DEVELOPMENT) ACT (CAP 59.01) - rights and interests in
customary land including land allocation ; aim to promote better land development.

1.4 LILONGWE AGRICULTURAL DEVELOPMENT AREA BORDER

customary land borders in Lilongwe.

1.5 LOCAL LAND BOARDS ACT (CAP 59.02) - establishment and power of Local Land
Boards - control of land transactions.

1.6 LAND SURVEY ACT (CAP 59.03) - land surveys, licensing and control of land
matters.

1.6.1 LAND SURVEY REGISTRATION BOARD advise on Act

1.6.2 LAND SURVEY RULES - provisions on survey methods

1.7 PLANNING SUB DIVISION CONTROL ACT (CAP 59.04) - subdivision of land
outside town planning areas.

1.7.1 Advised by CONTROL BOARD

1.7.2 Supported by TOWN PLANNING COURT under Town and Country Planning
Act

2. WATER RESOURCES LEGISLATION

2.1 WATER RESOURCES ACT (CAP 72.03) - control and use of water resource: water
rights, pollution of public water: can designate controlled areas to protect water
supplies.

2.2 WATER RESOURCES (WATER POLLUTION CONTROL) REGULATIONS

control of water pollution discharge of effluent into public water : analysis of water and
 effluent

2.3 WATER WORKS ACT (CAP 72.01) - establishment of water boards and water areas;
injury pollution of water and earth.

2.4 INLAND WATERS SHIPPING ACT (CAP 72.01) - survey, registration, licensing and
safety of vessel agreements with other countries.

2.5 INLAND WATERS SHIPPING (HARBOUR ) REGULATIONS - Carriage of

materials

2.6 BLANTYRE WATER WORKS ACT (CAP 72.02) - administration of Blantyre water
area and water board.

2.7 LILONGWE WATER BOARD ACT (CAP 72. 04) - administration of Lilongwe water
area and water board.

3. PLANTS ANIMALS LEGISLATION

3.1 FISHERIES ACT (CAP 66.05) - regulation and control of fishing, prohibits use of
explosives and poison.

Supporting legislation on various aspects and fishing methods

3.2 CROCODILES ACT (CAP 66.06 ) - control and protection of crocodiles.

3.3 FOREST ACT (CAP 63.01) - control and regulation of forest products, declaration of
forest reserves: protection, control and management of forest products tree planting and
enterprises.

3.4 FOREST RULES - regulations in forest areas reafforestation, felling , etc

3.5 PLANT PROTECTION ACT (CAP 64.01) - eradication of pests and diseases, export
and importation of plants.

3.6 NOXIOUS WEEDS ACT (CAP 64.02) - eradication of noxious weeds

3.6 SPECIAL CROPS ACT (CAP 65.01) - controls development and marketing of crops,
flue cured tobacco, cashew nuts, cotton, groundnuts, tea.

3.8 TOBACCO ACT (CAP 65.02) - production, manufacture and marketing of tobacco.

3.9 COTTON ACT (CAP 65.04) - production , marketing and processing of cotton
3.10 COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF
MALAWI ACT (CAP 41.SC) - development and management of herbarium and
 botanical gardens.

3.11 NATIONAL PARKS ACT (CAP 66.07) - establishment of national parks, preservation
of animals vegetation and objects of special interest in parks.

3.12 GAME ACT (CAP 66.03) - preservation and control of game in controlled areas and
game reserves.

3.13 CONTROL AND DISEASES OF ANIMALS ACT (CAP 66.02) - control of animals
/diseases.

4. MINERALS, CHEMICALS AND POLLUTION LEGISLATION

4.1 MINES AND MINERALS ACT (CAP 61.01) - regulates the search and mining of
minerals protection of the environment and natural resources

4.2 PETROLEUM (APPLICATIONS ) REGULATIONS (CAP 61.02) - regulates the

search and production of petroleum , provides for protection of the environment ,
exploration, licensing.

4.3 EXPLOSIVES ACT (CAP 14.09) - regulation control etc.

4.4 FERTILIZERS, FARM FEEDS AND REMEDIES ACT (CAP 67.04) - registration of
fertilizers farm seeds, etc.

5. INDUSTRIAL INFRASTRUCTURE AND URBAN DEVELOPMENT

5.1 INDUSTRIAL DEVELOPMENT ACT (CAP 51.01) - controls the orderly

development and promotion of industry.

5.2 FACTORIES ACT (CAP 55.07) - regulation of employment conditions, health, welfare
and safety in the work place.

5.3 ELECTRICITY ACT (CAP 73. 01.) -establishment of Electricity Supply Commission
of Malawi (ESCOM) - gives power with respect to generation, supply and use of
electricity relevant for clearing of land and transmission lines.

6. OTHER ACTS

6.1 TREATIES AND CONVENTION PUBLICATIONS ACT (CAP 16.02) - provision

for international treaties.
6.2 MONUMENTS ACT (CAP 29.01) - protection of places of distinctive natural beauty
and of sites, buildings etc.
6.3 PUBLIC ROADS ACT (CAP 69.02)- provides for matters relating to public roads,
construction and maintenance including compensation for land taken under roads
construction .

6.4 ROAD TRAFFIC ACT (CAP 69.01) - road traffic and vehicles

6.5 LOCAL GOVERNMENT (URBAN AREAS ) ACT ( CAP 22.01) - powers to acquire
land and by laws on agriculture, forestry health, sanitation and water supplies in urban
areas.

6.6 BLANTYRE SANITATION AND EFFLUENT BY - LAWS - disposal of domestic

wastes

6.7 TOWN AND COUNTRY PLANNING ACT (CAP 23.01 ) - town and country
planning ; development control, acquisition of land compensation and development land
by.

6.8 PUBLIC HEALTH ACT (CAP 34.01) - preservation of public health: prevention of
infectious diseases, sanitation and housing , sewerage and drainage.

6.9 MALAWI HOUSING CORPORATIONACT (CAP 32.02) - establishes the Malawi

Housing Corporation.

6.9 RAILWAYS ACT (CAP 69.03) - regulates the construction, control, management and
operation of railways.

Note

Currently there is a law and legislation reform process which will result in some acts being
replaced or amended