Environment Management Act, 2017 (No. 19 of 2017).

This Act concerns the conservation and management of the environment in Malawi and prescribes environmental standards. It also concerns the conservation and managebasment of biological (genetic) resources. The Act consists of 119 sections divided into 17 Parts, covering main areas of environmental concern as follows: Preliminary (I); General principles (II); the Environment Protection Authority (III); Other Institutional Arrangements for Environmental Management (IV); Environmental Planning (V); Environmental and Social Impact Assessment, Audits and Monitoring (VI); Environmental Standards (VII); Management Of The Environment and Natural Resources (VIII); Pollution control (IX); Biological and Genetic Resources (X); Environmental Protection Orders and Environmental Easements (XI); Inspection, analysis and records (XII); Financial Provisions (XIII); Environmental Fund (XIV); Offences (XV); Dispute Settlement (XVI); Miscellaneous provisions (XVII).
Part II defines for all persons environmental obligations and the right to a clean and healthy environment. Part III establishes the Malawi Environment Protection Authority ("Authority") and defines its functions and powers. It shall be the principal agency for the protection and management of the environment and sustainable utilization of natural resources. For purposes of management of the environment under this oversight Act, the Authority shall oversee the following institutions and authorities- (a) lead agencies; (b) advisory committees; (c) District Environment Sub-Committees, and (d) Local Environment and Natural Resources Committee. The Authority may in the performance of its functions under this Act delegate any of those functions to a lead agency, relevant advisory committee or any other public officer under this Act; the functions when so delegated and performed shall be deemed always to have been performed by the Authority. Functions of these authorities are defined.
The Authority shall prepare and publish a National Environment Action Plan under Part V. This Plan shall take into account District Environment Action Plans (made pursuant to this Act) be approved by Cabinet.
The Minister may, on the recommendation of the Authority, specify, by notice published in the Gazette, the type and size of a project which shall not be implemented unless an Environmental and Social Impact Assessment is carried out. The Authority shall, in consultation with such lead agency as it 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 and carry out, in consultation with the lead agency environmental monitoring.
The Authority may in liaison with relevant lead agencies, prescribe different environmental quality standards to apply in different areas of Malawi with respect to different segments of the environment and the Authority may from time to time vary the standards. Rules for the establishment of standards for air, water, effluent, soil, radiation and nuisance are included. The Authority shall also, in liaison with relevant lead agencies, issue guidelines and prescribe measures for the use and management of rivers and lakes and guidelines and prescribe measures for the recognition and protection of traditional and indigenous interests and rights of local communities customarily resident within or around a lake basin, wetland or river basin or forest and shall provide with respect to the protection of river banks and lake shores (Part VIII). Provision is also made in this Part for the protection of wetlands, natural heritage sites and mountainous areas, (hazardous) waste management and control and management of factors affecting climate change.
As for the protection of biological and genetic resources, the Act formulates principles and requires the Authority to initiate legislative proposals, issue guidelines and prescribe measures for the protection, conservation and sustainable management and utilization of genetic resources and for access to genetic resources. The Authority shall, among other things, regulate access to genetic resources by non-citizens or non-residents of Malawi, ensure that prior informed consent of communities is obtained for bioprospecting, ensure effective .equitable sharing of benefits and sustainable business mechanisms for the transfer of biotechnology and protect indigenous property rights of communities. The Authority shall, in consultation with relevant lead agencies, among other things- (a) identify, prepare and maintain an inventory of biological diversity of Malawi; (b) determine a component of biological diversity which is threatened with extinction; (c) develop national strategies, plans and programmes for the conservation of the biological diversity of Malawi. it shall also prescribe or take measures for in-situ and ex-situ conservation of threatened species and the control and management of alien and invasive species.
The Act establishes an Environment Fund and an Environmental Tribunal. The Authority shall have power to issue environmental protection orders against any person whose acts or omissions have or are likely to have adverse effects on the protection and management of the environment and the conservation and sustainable utilization of natural resources and the Tribunal or the High Court may grant an environmental easement. The object of an environmental easement is to further the principles of environmental management set out in this Act by facilitating conservation and enhancement of the environment, in this Act referred to as the benefitted environment, through the imposition of one or more obligations in respect of use of land, in this Act referred to as the burdened land, being the land in the vicinity of the benefitted environment.