Land, Environment and Natural Resources

Land shall be held, used and managed in accordance with the following principles: (a) equitable access to land and associated resources; (b) security of tenure for lawful land holders; (c) recognition of indigenous cultural rites; (d) sustainable use of land; (e) transparent, effective and efficient administration of land; (f) effective and efficient settlement of land disputes; (g) river frontages, islands, lakeshores and ecologically and culturally sensitive areas’ (i) to be accessible to the public; (ii) not to be leased, fenced or sold; and (iii) to be maintained and used for conservation and preservation activities; (h) investments in land to also benefit local communities and their economy; and (i) plans for land use to be done in a consultative and participatory manner. [Article 253 added by section 8 of Act 2 of 2016]

Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.

The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed.

Land shall be held for a prescribed tenure. [Article 254 added by section 8 of Act 2 of 2016] Environment and natural resources

natural resources management and development The management and development of Zambia’s environment and natural resources shall be governed by the following principles: (a) natural resources have an environmental, economic, social and cultural value and this shall be reflected in their use; (b) the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment; (c) where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation; (d) the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner; (e) respect for the integrity of natural processes and ecological communities; (f) benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of Zambia; (g) saving of energy and the sustainable use of renewable energy sources shall be promoted; (h) reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted; (i) unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated; (j) origin, quality, methods of production, harvesting and processing of natural resources shall be regulated; (k) equitable access to environmental resources shall be promoted; (l) effective participation of people in the development of relevant policies, plans and programmes; and (m) access to environmental information to enable people preserve, protect and conserve the environment. [Article 255 added by section 8 of Act 2 of 2016]

A person has a duty to co-operate with State organs, State institutions and other persons to’ (a) maintain a clean, safe and healthy environment; (b) ensure ecologically sustainable development and use of natural resources; (c) respect, protect and safeguard the environment; and (d) prevent or discontinue an act which is harmful to the environment. [Article 256 added by section 8 of Act 2 of 2016]

The State shall, in the utilisation of natural resources and management of the environment’ (a) protect genetic resources and biological diversity; (b) implement mechanisms that minimise waste; (c) promote appropriate environment management systems and tools; (d) encourage public participation; (e) protect and enhance the intellectual property in, and indigenous knowledge of, biodiversity and genetic resources of local communities; (f) ensure that the environmental standards enforced in Zambia are of essential benefit to citizens; and (g) establish and implement mechanisms that address climate change. [Article 257 added by section 8 of Act 2 of 2016]