Bindura Rural District Council (Environmental, Land-use and Natural Resources Conservation) By-laws, 2021

14. Mining activities. IT is hereby notified that the Minister of Local Government and Public Works has, in terms of section 90 of the Rural District Council Act [Chapter 29:13], approved the following by-laws made by the Bindura Rural District Council:— Title 1. These by-laws may be cited as the Bindura Rural District Council (Environmental, Land-use and Natural Resources Conservation) By-laws, 2021. Interpretation

2. In these by-laws — “agency” means the Environmental Management Agency; “biological diversity” means the variability among living organisms from all sources including inter alia, 351 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Bindura Rural District Council (Environment, Land-use and Natural Resources Conservation) By-laws, 2021 terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and this includes diversity within species, between species and species and of ecosystem; “council” means Bindura Rural District Council; “council area” means the area for which the council has been established or under its jurisdiction; “effluent” means waste water or other fluid originating from domestic, agricultural or industrial activity, whether the water or fluid or untreated and whether it is discharged directly or indirectly into the environment; “environment “means— (a) the natural and manmade resources, including water, soil, mineral and living organisms, whether indigenous or exotic and the interaction between them; (b) ecosystems, habitats, spatial surroundings or other constituent parts, whether natural or modified or constructed by people and communities; “environmental impact assessment” means an evaluation of a project to determine its impact on the environment, human health and community livelihoods whose specific requirements and procedures are set out in terms of section 97 of the Environmental Management Act [Chapter 20:27] as read with sections 8 to 13 of the Environmental Impact Assessment and Ecosystem Protection Regulations, 2007, published in Statutory Instrument 7 of 2007; “environmental impact assessment certificate” means a certificate issued by the Director-General of the Environmental Management Agency for a particular project in terms of section 97 of the Environmental Management Act; “environmental impact assessment report” means a report on an environmental impact assessment produced by the developer of a project in terms of section 97 of the Environmental Management Act [Chapter 20:27]. 352 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (2) All holders of prospecting, exploration and mining rights “invasive alien species” means, generally, exotic plants which operating in the council area shall submit copies of licences to council have become naturalised and threaten the existence prior to commencement of any prospecting, exploration or mining of indigenous species by penetrating and replacing operations. indigenous vegetation, as specified in the Fifth Schedule (3) Any person who contravenes subsection (1) or (2) shall of the Environment Management Act [Chapter 20:27]; be guilty of an offence and liable to a fine not exceeding level 5. “livestock” means domestic animals including: cattle, donkey, sheep and goats amongst others that are ordinarily kept by people at the homestead; “natural resource” includes— (a) the air, soil, water and minerals; (b) the mammal, bird, fish and other animal life; (c) the trees, grasses and other vegetation; and (d) the springs, vleis, sponges, reed-beds, marshes, swamps and public streams; and any other thing that the Minister responsible for Environment, may, by notice in a statutory instrument, declare to be a natural resource, including a landscape or scenery which, in his or her opinion, should be preserved on account of its aesthetic appeal or scenic value; “occupier” in relation to land or premises, means any person lawfully occupying or controlling the land or premises; “owner” means— (a) in the case of livestock, the person who normally has custody or control thereof; (b) in the case of cultivated land, any person who has the right to the produce of the land, including the spouse of such person and children over the age of eighteen years; and (c) the person registered in the Deeds Registry as the owner of the Land or premises; “sleigh” means any vehicle used for transport which— (a) travels on runners instead of wheels; or (b) travels on any other manner on the surface of the Supplement to the Zimbabwean Government Gazette dated the 12th March, 2021. ground without the use of wheels or trucks driven Printed by the Government Printer, Harare. by wheels; 360 353 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 “vegetation” includes any tree, shrub, fern, flower, grass, (c) carry out any cultivation within 100 metres of a dam creeper, crop or any other plant or organic matter or provided that geographical considerations such as, but any part thereof, whether dead or alive; not limited to, slope and soil types shall be taken into “waste material” includes any containers, wrapping, cartons, account by council and the agency in increasing the cigarette packets, paper, vegetable matter, garden waste, distance. hedge clippings, dead animals, ash, tins, rubbish, bricks, (3) Any person who contravenes subsection (2) shall be guilty stone, soil and any other matter or substance which is of an offence and liable to a fine not exceeding level 3. offensive, unwholesome or untidy; Sleighs “wetlands” means an area of marsh, fen, peat land or water, 12. (1) No person shall own possess use or have in his or her whether natural or artificial, permanent or temporary, custody or control a sleigh. with water that is static or flowing, fresh, brackish or salt and includes riparian land to the adjacent to the (2) Any person who contravenes subsection (1) shall be guilty wetlands. of an offence and liable to a fine not exceeding level 4. Waste management Environmental impact assessments 13. (1) No person shall dispose solid waste, effluent or hazardous

3. (1) The developers of any projects in the council area for waste on land or into a river or into any other surface water or ground which an environmental impact assessment is required in terms of water in the council area whether directly or through drainage or section 97 and the First Schedule to the Environmental Management seepage except under licence approved by the Agency in terms of Act [Chapter 20:27], shall— the Environmental Management Act [Chapter 20 :27] submitted to council. (a) consult council during the consultation process leading to the development of an environmental impact assessment; (2) Every household should have pit to dispose the household waste. (b) involve council in organising public consultation (3) Operators of businesses at business centres should have meetings with traditional leaders and local people in bins for waste disposal. the area regarding the proposed development project; (4) Council shall designate collection points at business (c) submit to council a copy of the environmental impact centres for the management of waste. assessment report and environmental impact assessment certificate for the proposed project approved by the (5) All refuse collected by council shall be disposed at a director-general of the agency upon receipt; designated sanitary landfill. (d) submit to council a copy of the annual environmental (6) Council may fix the fee for the collection of waste in management plan. terms of section 97(9) of the Act. (7) Any person who contravene the section shall be guilty of (2) Council shall request from time to time, at its own an offence and liable to a fine not exceeding level 3. expense all relevant information from the Agency related to quarterly environmental monitoring reports produced by project developers, in Mining activities terms of section 106 of the Environmental Management Act [Chapter 14. (1) No person shall carry out any mining activities in the 20:27], operating in the council area. council area without a mining licence issued by the Minister responsible for mines. 354 359 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (6) Any person who contravenes subsections (1), (2), (4) and (3) Council shall make environmental impact assessment (5) shall be guilty of an offence and liable to a fine not exceeding reports submitted by project developers available and open for public level 3. inspection at all reasonable times at the council offices. Brick moulding (4) Council shall monitor the implementation of the

10. (1) No person shall mould or make bricks for sale or environmental impact assessment report and environmental commercial purposes in the council area without the permission of management plans submitted by project developers jointly with the council. Agency. (2) In the event that a person intends to mould or make bricks (5) Any person who contravenes subsection (1) shall be guilty for sale, commercial or domestic purposes he or she shall demonstrate of an offence and liable to a fine not exceeding level 3. that he or she is capable of taking the following measures before he Environmental rehabilitation works or she is granted permission—

4. (1) Any person who undertakes any project of causing (a) rehabilitating the environment or pits created by his/ environmental damage or environmental degradation or harm in the her activities; Council area shall— (b) using deadwood for burning the bricks and if not available ensure that they only use branches of trees and not the (a) submit to council a rehabilitation plan containing whole tree; and rehabilitation works that will be undertaken before abandonment or closure of the project; (c) in the event that compliance with paragraph (b) is not possible, demonstrate that he or she is capable of carrying (b) rehabilitation any damage to the environment associated out a re-forestation project in the area where trees have with the project. been cut. (2) Council shall monitor the implementation of rehabilitation (3) Council may set aside land for commercial brick making plans of projects with the Agency. in the council areas which land shall be used by brick makers in the (3) Any person who contravenes subsection (1) shall be guilt ward or village under specified terms and conditions as council may of an offence and liable to a fine not exceeding level 3. set. (4) Any person who contravenes subsection (1) shall be guilty Burning of vegetation and prevention of fires of an offence and liable to a fine to not exceeding level 4. 5. (1) Any land user or owner shall put in place appropriate fire Protection of rivers prevention measures on their land.

11. (1) All residents in the council area shall sustainably use (2) No person shall deliberately cause fire that he or she cannot and protect rivers. extinguish which causes damage to the environment, property or life. (2) No person shall be allowed to— (3) No person shall light a fire outside the residential or (a) pollute the rivers; commercial premises during the period from 31st July, to 31st October (b) carry out any cultivation within 30 metres of a flood-level of each year. river bank, provided that geographical considerations (4) No person in the council area shall burn growing or such as, but not limited to, slope and soil types shall be standing vegetation on any land without lodging a notice of intention taken into account by council and agency in increasing to burn in terms of section 67 of the Forestry Act [Chapter 19:05]. the distance; 358 355 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (5) In the event of veld fire, it shall be the responsibility of (2) All activities that disturb the soil shall be carried out 30 every inhabitant witnessing the fire, where reasonably possible, to metres away from wetlands. put out the fire. (3) The council shall take appropriate steps to ensure that the (6) Any person who contravenes subsections (1), (2), (3), (4) public is notified of all wetlands in the council area. or (5) shall be guilty of an offence and liable to a fine not exceeding (4) In order to promote the protection of wetlands, council level 4. may take additional measures and make orders for the protection of Invasive alien species wetlands in the council area in the Environmental Management Act [Chapter 20 :27] and section 20 of the Environmental Management

6. (1) Every occupier or owner of land within the Council of (Environmental Impact Assessment and Ecosystems Protection) land within the council area shall keep their land free from invasive Regulations, 2007, published in Statutory Instrument 7 of 2007. alien species in line with the requirements of section 118 of the Environmental Management Act [Chapter 20:27] as read with the Fifth 5) Any person who contravenes subsections (1) and (2) shall Schedule to the Environmental Management Act [Chapter 20:27]. be guilty of an offence and liable to a fine not exceeding level 4. Protection of trees (2) The council may give a written or oral order on occupier 8. (1) Every person who wishes to cut down trees shall do so in owner of land where invasive alien species are growing to clear or accordance with the provisions of the Forestry Act [Chapter 19: 05]. cause to be cleared any invasive alien species from his or her land. Sand abstraction (3) In relation to invasive alien species “clearing means to

9. (1) No person shall— dig up or pull out and burn invasive alien species or to employ other means of destruction authorised by the Environmental Management (a) excavate, remove, possess or transport clay or sand Agency. deposits in excess of one tonne or for commercial purposes without a licence issued by the Environmental (4) In cases where there is imminent threat to the environment, Management Agency; livestock or human health from invasive alien species on land (b) excavate or remove sand deposits from any undesignated belonging to or occupied by a resident in the council area, council site point. may take measures to control, remove or clear the land of invasive alien species, at its own cost and recover the expenses incurred from (2) Any person who wishes to excavate, remove, possess or the land owner or occupier as the case may be. transport sand shall make an application to council which application shall be forwarded to the Agency after consideration by council. (5) Any occupier or owner of land who knowingly fails to (3) The application in sub-section (2) shall be accompanied by keep his land free from invasive alien species without an adequate a detailed excavation and environmental rehabilitation plan together and reasonable explanation or fails to comply with a council order with recommendations from the Village Development Committee, issued in terms of subsection 2 of this section shall be guilty of an Ward Development Committee and the Traditional Chief. The offence and liable to a fine not exceeding level 3. applicant shall have the responsibility of rehabilitating sites. Protection of wetlands (4) No person shall transport sand between sunset and sunrise.

7. (1) No person shall be allowed to cultivate, settle, plant gum (5) Environmental monitors shall monitor sand abstraction tree plantations in a wetland. purposes for domestic purposes. 356 357 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (5) In the event of veld fire, it shall be the responsibility of (2) All activities that disturb the soil shall be carried out 30 every inhabitant witnessing the fire, where reasonably possible, to metres away from wetlands. put out the fire. (3) The council shall take appropriate steps to ensure that the (6) Any person who contravenes subsections (1), (2), (3), (4) public is notified of all wetlands in the council area. or (5) shall be guilty of an offence and liable to a fine not exceeding (4) In order to promote the protection of wetlands, council level 4. may take additional measures and make orders for the protection of Invasive alien species wetlands in the council area in the Environmental Management Act [Chapter 20 :27] and section 20 of the Environmental Management

6. (1) Every occupier or owner of land within the Council of (Environmental Impact Assessment and Ecosystems Protection) land within the council area shall keep their land free from invasive Regulations, 2007, published in Statutory Instrument 7 of 2007. alien species in line with the requirements of section 118 of the Environmental Management Act [Chapter 20:27] as read with the Fifth 5) Any person who contravenes subsections (1) and (2) shall Schedule to the Environmental Management Act [Chapter 20:27]. be guilty of an offence and liable to a fine not exceeding level 4. Protection of trees (2) The council may give a written or oral order on occupier 8. (1) Every person who wishes to cut down trees shall do so in owner of land where invasive alien species are growing to clear or accordance with the provisions of the Forestry Act [Chapter 19: 05]. cause to be cleared any invasive alien species from his or her land. Sand abstraction (3) In relation to invasive alien species “clearing means to

9. (1) No person shall— dig up or pull out and burn invasive alien species or to employ other means of destruction authorised by the Environmental Management (a) excavate, remove, possess or transport clay or sand Agency. deposits in excess of one tonne or for commercial purposes without a licence issued by the Environmental (4) In cases where there is imminent threat to the environment, Management Agency; livestock or human health from invasive alien species on land (b) excavate or remove sand deposits from any undesignated belonging to or occupied by a resident in the council area, council site point. may take measures to control, remove or clear the land of invasive alien species, at its own cost and recover the expenses incurred from (2) Any person who wishes to excavate, remove, possess or the land owner or occupier as the case may be. transport sand shall make an application to council which application shall be forwarded to the Agency after consideration by council. (5) Any occupier or owner of land who knowingly fails to (3) The application in sub-section (2) shall be accompanied by keep his land free from invasive alien species without an adequate a detailed excavation and environmental rehabilitation plan together and reasonable explanation or fails to comply with a council order with recommendations from the Village Development Committee, issued in terms of subsection 2 of this section shall be guilty of an Ward Development Committee and the Traditional Chief. The offence and liable to a fine not exceeding level 3. applicant shall have the responsibility of rehabilitating sites. Protection of wetlands (4) No person shall transport sand between sunset and sunrise.

7. (1) No person shall be allowed to cultivate, settle, plant gum (5) Environmental monitors shall monitor sand abstraction tree plantations in a wetland. purposes for domestic purposes. 356 357 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (6) Any person who contravenes subsections (1), (2), (4) and (3) Council shall make environmental impact assessment (5) shall be guilty of an offence and liable to a fine not exceeding reports submitted by project developers available and open for public level 3. inspection at all reasonable times at the council offices. Brick moulding (4) Council shall monitor the implementation of the

10. (1) No person shall mould or make bricks for sale or environmental impact assessment report and environmental commercial purposes in the council area without the permission of management plans submitted by project developers jointly with the council. Agency. (2) In the event that a person intends to mould or make bricks (5) Any person who contravenes subsection (1) shall be guilty for sale, commercial or domestic purposes he or she shall demonstrate of an offence and liable to a fine not exceeding level 3. that he or she is capable of taking the following measures before he Environmental rehabilitation works or she is granted permission—

4. (1) Any person who undertakes any project of causing (a) rehabilitating the environment or pits created by his/ environmental damage or environmental degradation or harm in the her activities; Council area shall— (b) using deadwood for burning the bricks and if not available ensure that they only use branches of trees and not the (a) submit to council a rehabilitation plan containing whole tree; and rehabilitation works that will be undertaken before abandonment or closure of the project; (c) in the event that compliance with paragraph (b) is not possible, demonstrate that he or she is capable of carrying (b) rehabilitation any damage to the environment associated out a re-forestation project in the area where trees have with the project. been cut. (2) Council shall monitor the implementation of rehabilitation (3) Council may set aside land for commercial brick making plans of projects with the Agency. in the council areas which land shall be used by brick makers in the (3) Any person who contravenes subsection (1) shall be guilt ward or village under specified terms and conditions as council may of an offence and liable to a fine not exceeding level 3. set. (4) Any person who contravenes subsection (1) shall be guilty Burning of vegetation and prevention of fires of an offence and liable to a fine to not exceeding level 4. 5. (1) Any land user or owner shall put in place appropriate fire Protection of rivers prevention measures on their land.

11. (1) All residents in the council area shall sustainably use (2) No person shall deliberately cause fire that he or she cannot and protect rivers. extinguish which causes damage to the environment, property or life. (2) No person shall be allowed to— (3) No person shall light a fire outside the residential or (a) pollute the rivers; commercial premises during the period from 31st July, to 31st October (b) carry out any cultivation within 30 metres of a flood-level of each year. river bank, provided that geographical considerations (4) No person in the council area shall burn growing or such as, but not limited to, slope and soil types shall be standing vegetation on any land without lodging a notice of intention taken into account by council and agency in increasing to burn in terms of section 67 of the Forestry Act [Chapter 19:05]. the distance; 358 355 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 “vegetation” includes any tree, shrub, fern, flower, grass, (c) carry out any cultivation within 100 metres of a dam creeper, crop or any other plant or organic matter or provided that geographical considerations such as, but any part thereof, whether dead or alive; not limited to, slope and soil types shall be taken into “waste material” includes any containers, wrapping, cartons, account by council and the agency in increasing the cigarette packets, paper, vegetable matter, garden waste, distance. hedge clippings, dead animals, ash, tins, rubbish, bricks, (3) Any person who contravenes subsection (2) shall be guilty stone, soil and any other matter or substance which is of an offence and liable to a fine not exceeding level 3. offensive, unwholesome or untidy; Sleighs “wetlands” means an area of marsh, fen, peat land or water, 12. (1) No person shall own possess use or have in his or her whether natural or artificial, permanent or temporary, custody or control a sleigh. with water that is static or flowing, fresh, brackish or salt and includes riparian land to the adjacent to the (2) Any person who contravenes subsection (1) shall be guilty wetlands. of an offence and liable to a fine not exceeding level 4. Waste management Environmental impact assessments

13. (1) No person shall dispose solid waste, effluent or hazardous

3. (1) The developers of any projects in the council area for waste on land or into a river or into any other surface water or ground which an environmental impact assessment is required in terms of water in the council area whether directly or through drainage or section 97 and the First Schedule to the Environmental Management seepage except under licence approved by the Agency in terms of Act [Chapter 20:27], shall— the Environmental Management Act [Chapter 20 :27] submitted to council. (a) consult council during the consultation process leading to the development of an environmental impact assessment; (2) Every household should have pit to dispose the household waste. (b) involve council in organising public consultation (3) Operators of businesses at business centres should have meetings with traditional leaders and local people in bins for waste disposal. the area regarding the proposed development project; (4) Council shall designate collection points at business (c) submit to council a copy of the environmental impact centres for the management of waste. assessment report and environmental impact assessment certificate for the proposed project approved by the (5) All refuse collected by council shall be disposed at a director-general of the agency upon receipt; designated sanitary landfill. (d) submit to council a copy of the annual environmental (6) Council may fix the fee for the collection of waste in management plan. terms of section 97(9) of the Act. (7) Any person who contravene the section shall be guilty of (2) Council shall request from time to time, at its own an offence and liable to a fine not exceeding level 3. expense all relevant information from the Agency related to quarterly environmental monitoring reports produced by project developers, in Mining activities terms of section 106 of the Environmental Management Act [Chapter 14. (1) No person shall carry out any mining activities in the 20:27], operating in the council area. council area without a mining licence issued by the Minister responsible for mines. 354 359 Bindura Rural District Council (Environment, Land-use and S.I. 64 of 2021 Natural Resources Conservation) By-laws, 2021 (2) All holders of prospecting, exploration and mining rights “invasive alien species” means, generally, exotic plants which operating in the council area shall submit copies of licences to council have become naturalised and threaten the existence prior to commencement of any prospecting, exploration or mining of indigenous species by penetrating and replacing operations. indigenous vegetation, as specified in the Fifth Schedule (3) Any person who contravenes subsection (1) or (2) shall of the Environment Management Act [Chapter 20:27]; be guilty of an offence and liable to a fine not exceeding level 5. “livestock” means domestic animals including: cattle, donkey, sheep and goats amongst others that are ordinarily kept by people at the homestead; “natural resource” includes— (a) the air, soil, water and minerals; (b) the mammal, bird, fish and other animal life; (c) the trees, grasses and other vegetation; and (d) the springs, vleis, sponges, reed-beds, marshes, swamps and public streams; and any other thing that the Minister responsible for Environment, may, by notice in a statutory instrument, declare to be a natural resource, including a landscape or scenery which, in his or her opinion, should be preserved on account of its aesthetic appeal or scenic value; “occupier” in relation to land or premises, means any person lawfully occupying or controlling the land or premises; “owner” means— (a) in the case of livestock, the person who normally has custody or control thereof; (b) in the case of cultivated land, any person who has the right to the produce of the land, including the spouse of such person and children over the age of eighteen years; and (c) the person registered in the Deeds Registry as the owner of the Land or premises; “sleigh” means any vehicle used for transport which— (a) travels on runners instead of wheels; or (b) travels on any other manner on the surface of the Supplement to the Zimbabwean Government Gazette dated the 12th March, 2021. ground without the use of wheels or trucks driven Printed by the Government Printer, Harare. by wheels; 360 353 Bindura Rural District Council (Environment, Land-use and Natural Resources Conservation) By-laws, 2021 terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and this includes diversity within species, between species and species and of ecosystem; “council” means Bindura Rural District Council; “council area” means the area for which the council has been established or under its jurisdiction; “effluent” means waste water or other fluid originating from domestic, agricultural or industrial activity, whether the water or fluid or untreated and whether it is discharged directly or indirectly into the environment; “environment “means— (a) the natural and manmade resources, including water, soil, mineral and living organisms, whether indigenous or exotic and the interaction between them; (b) ecosystems, habitats, spatial surroundings or other constituent parts, whether natural or modified or constructed by people and communities; “environmental impact assessment” means an evaluation of a project to determine its impact on the environment, human health and community livelihoods whose specific requirements and procedures are set out in terms of section 97 of the Environmental Management Act [Chapter 20:27] as read with sections 8 to 13 of the Environmental Impact Assessment and Ecosystem Protection Regulations, 2007, published in Statutory Instrument 7 of 2007; “environmental impact assessment certificate” means a certificate issued by the Director-General of the Environmental Management Agency for a particular project in terms of section 97 of the Environmental Management Act; “environmental impact assessment report” means a report on an environmental impact assessment produced by the developer of a project in terms of section 97 of the Environmental Management Act [Chapter 20:27]. 352 Statutory Instrument 64 of 2021. S.I. 64 of 2021 [CAP. 29:13 Bindura Rural District Council (Environmental, Land-use and Natural Resources Conservation) By-law, 2021 ARRANGEMENT OF SECTIONS Section

1. Title.

2. Interpretation.

3. Environmental impact assessments.

4. Environmental rehabilitation works.

5. Burning of vegetation and protection of fires.

6. Invasive alien species.

7. Protection of wetland.

8. Protection of trees.

9. Sand abstraction.

10. Brick moulding.

11. Protection of rivers.

12. Sleighs.

13. Waste management.

14. Mining activities. IT is hereby notified that the Minister of Local Government and Public Works has, in terms of section 90 of the Rural District Council Act [Chapter 29:13], approved the following by-laws made by the Bindura Rural District Council:— Title

1. These by-laws may be cited as the Bindura Rural District Council (Environmental, Land-use and Natural Resources Conservation) By-laws, 2021. Interpretation

2. In these by-laws — “agency” means the Environmental Management Agency; “biological diversity” means the variability among living organisms from all sources including inter alia, 351