Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019

21. Commercial use of water resources. Supplement to the Zimbabwean Government Gazette dated the 18th October, 2019. Printed by the Government Printer, Harare. 1414 1383 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. Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 Section Resettlement areas 38. (1) Any person who occupies land in a resettlement area 22. Protection of water resources. shall have either an offer letter, lease agreement or 99-year lease.

23. General provisions on protection of the environment and (2) Any person occupying resettlement areas shall register natural resources. with the Council. 24. Construction of conservation works. (3) Council shall order immediate removal of any person occupying land in resettlement areas without necessary documents 25. Fencing and conservation works. from Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement. 26. Livestock management. Allocation of arable land 27. Wildlife management. 39. No village head shall allocate land without consulting the 28. Air pollution. headmen or chief and the land allocation committee. 29. Emission licences. Plant, pest and diseases

30. Solid and effluent waste management. 40. (1) Council shall order the destruction of cotton and tobacco stalks before the beginning of each new farming season in line with 31. Removal of waste. the requirements of Plant, Pest and Disease Control regulations. 32. Waste management, collection and disposal. (2) Any person who fails to comply with the provisions of the order shall have committed an offence and liable to a fine not 33. Responsibility of refuse. exceeding level 5 or imprisonment not exceeding six months or both. 34. Landfills. Appeal against decisions made by orders of council 35. Littering and dumping. 41. (1) Any person who is aggrieved by a decision of an order made by council shall make an appeal within 30 days from date of issue 36. Hazardous substances/waste and toxic chemicals. to the responsible Minister accompanied with the prescribed fee.

37. Mineral panning and mining. (2) Any person who is aggrieved by an order of the responsible Minister shall appeal to the Administrative Court within 30 days from 38. Resettlement areas. the date of determination by the Minister. 39. Allocation of arable land. Offences and penalties 40. Plant, pest and diseases. 42. Any person who is convicted of three or more offences may have his or her rights under the plan revoked by the council. 41. Appeals.

42. Offences and penalties. 1384 1413 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (4) Any generator of hazardous waste shall ensure that council IT is hereby notified that the Minister of Local Government, Public is notified of the activity liable to generate hazardous wastes upon Works and National Housing has, in terms of subsection (4) of section payment of a prescribed fee. 90 of the Rural District Councils Act [Chapter 29:13], approved the following by-laws made by the Masvingo Rural District Council:— (5) Any person who fails to notify the council shall have committed an offence and liable to a fine not exceeding level 3 or Title imprisonment not exceeding three months or both. 1. These by-laws may be cited as Masvingo Rural District Council (6) Hazardous wastes and waste oils shall be collected, stored, (Environmental and Natural Resources Conservation) By-laws, 2019. transported and treated separately from other waste. Application (7) Any person who fails to separately collect, store, transport and treat hazardous waste and waste oils shall have committed an 2. These by-laws shall apply to Masvingo Rural District Council offence and liable to a fine not exceeding level 5 or imprisonment area. not exceeding six months or both. Interpretation (8) The Local Authority shall keep records and registers of 3. In these by-laws— every waste collection and management enterprise operating within “agency” means the Environmental Management Agency; its jurisdiction. “council” means the Masvingo Rural District Council; Mineral panning and mining “council area” means the area for which the council has been

37. (1) No person shall be allowed to engage in any mineral established; panning activity in the Council area. “dump site” means an unregistered site where council dispose its general waste; (2) Any person who engages in mineral panning shall have committed an offence and liable to a fine not exceeding level 5 or “EMA” means the Environmental Management Agency; imprisonment not exceeding six months or both. “environment means— (3) Any mining activity in the council area shall be done (a) the natural and manmade resources, including in accordance with the provisions of the Mines and Minerals Act water, soil, minerals and living organisms, whether [Chapter 21:05]. indigenous or exotic and the interaction between (4) Council shall order any person who is mining or prospecting them; on grounds that are not open to pegging and prospecting to cease any (b) ecosystems, habitats, spatial surroundings or other operation. constituent parts, whether natural or modified (5) No person shall mine within 200m from the centre of a or constructed by people and communities; river or stream. “environment action plan” means an environmental action plan prepared by a Local Authority for the area under its (6) Any person who contravenes subsections (3) and (4) shall jurisdiction in terms of section 95 of the Environmental have committed an offence and liable to a fine not exceeding level 5 Management Act [Chapter 20:27]; or imprisonment not exceeding six months or both. “environment committee” means an environment committee of the council as appointed in terms of section 61 of the Rural District Councils Act [Chapter 29:13]; 1412 1385 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 “environmental impact assessment” means an evaluation of (4) Any shop owner or person who dumps waste at a project to determine its impact on the environment, undesignated site shall have committed an offence and liable to a fine human health and community livelihoods whose specific not exceeding level 2 or imprisonment not exceeding one month or requirements are set out in terms of section 97 of the both. Environmental Management Act [Chapter 20:27]; (5) Public transporters shall have adequate waste receptacles “environmental impact assessment report” means a report in their vehicles. on an environmental impact assessment produced by (6) Any public transporter without bins or with inadequate the developer of a project in terms of section 97 of the bins shall have committed an offence and liable to a fine exceeding Environmental Management Act [Chapter 20:27]; level 2 or imprisonment not exceeding one month or both. “environmental impact assessment certificate” means (7) Sanitary lanes shall always be kept clean. a certificate issued by the Director-General of the Environmental Management Agency for a particular (8) Any shop owner with littered sanitary lanes shall have project in terms of section 97 of the Environmental committed an offence and liable a fine not exceeding level 3 or Management Act; imprisonment not exceeding three months or both. “environmental monitor” means any person appointed by the (9) No person shall leave/dump his or her vehicle wreckage council to monitor the environment on behalf of it; in an undesignated area for a period specified by the council. “environmental works” means any physical structures put in (10) Any person who dumps his or her vehicle wreckage in place to control erosion; an undesignated area shall have committed an offence and liable to a “fireguard” means a strip of land which has been cleared of fine not exceeding level 5 or imprisonment not exceeding six months inflammable matter; or both. “forest produce” means any part whether alive or dead of any (11) Council shall remove the vehicle wreckage and recover vegetation including wood, back, seed, fruits, Mopani such removal cost from the owner. worms; Hazardous substance/waste and toxic chemicals “grazing area” means the area set aside in a plan for the 36. (1) Local Authority shall designate suitable sites as waste grazing of livestock; collection sites within its jurisdiction for management of wastes based “hazardous waste” means any toxic materials ready for on a report assessing the anticipated impact of the environment as disposal e.g. computers, calculators; well as issues outlined in section 3 of the Environmental Management “highest flood plain” means the highest level which water (Hazardous Waste Management) Regulations, 2007, published in usually reaches in water body or river or stream after Statutory Instrument 10 of 2007. heavy rains; (2) No hazardous waste or substances shall be disposed of “impound” means confiscation of vessels; at any other place except in a licensed hazardous waste disposal site “invasive alien species” means, generally, exotic plants which or landfill. have become naturalised and threaten the existence (3) Any person who disposes hazardous waste or substances of indigenous species by penetrating and replacing in an undesignated site shall have committed an offence and liable indigenous vegetation, as specified in the Third Schedule to a fine not exceeding level 5 or imprisonment not exceeding six of the Environmental Management Act [Chapter 20:27]; months or both. 1386 1411 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (3) Domestic waste shall securely be put in bins and council “landfill” means a properly waste disposal engineered site; shall frequently collect it and or whenever necessary. “livestock” means domestic animals including (cattle, (4) Failure to properly secure put waste in bins shall be an donkeys, sheep and goats); offence and liable to a fine not exceeding level 3 or imprisonment “local authority” refer to council; not exceeding three months or both. “mineral panning” means illegal mining; (5) All households and shop owners shall have adequate bins “natural resource” includes— in their homes. (a) the air, soil, waters and minerals (6) Council shall designate temporary waste collection points (b) the mammal, bird, fish and other animal life; at appropriate sites. (c) the trees, grasses and other vegetation; and (7) Council shall withdraw shopping licences and/or close all the shops without adequate bins. (d) the springs, vleis, sponges, reed-beds, marshes, swamps and public streams; Responsibility of refuse “owner” means—

33. All refuse removal in the council area shall be carried out by (a) in the case of livestock, the person who normally the Council’s Environmental Health Section and no contractor shall has custody or control thereof; be permitted to undertake refuse removal except when requested to (b) in the case of cultivated land, any person who has do so by the Council and on its behalf and on agreed tariffs. the right to the produce of the land, including the Landfills spouse of such person and children over the age of eighteen years; and

34. (1) No person shall dispose general waste or hazardous waste at any other place except at designated site approved by council. (c) the person registered in the Deeds Registry as the owner of the land or premises; (2) Any person who fail to dispose general waste or hazardous waste at designated site approved by council shall have committed “occupier” in relation to land or premises, means any person an offence and liable to a fine not exceeding level 5 or imprisonment lawfully occupying or controlling the land or premises; not exceeding six months or both. “plan” means a diagram or illustration depicting or describing any area of land within communal or resettlement land Littering and dumping areas set aside for exclusive use by inhabitants for

35. (1) No person is permitted to throw litter on any land, water residential, grazing, environmental conservation or surface, street, road or any site except in a container provided for that cultivation purposes; purpose or at a place specifically designed for that purpose. “provincial administrator” means the provincial administrator (2) Any person who throws litter in undesignated site shall for the province within which the communal and have committed an offence and liable to a fine not exceeding level 2 resettlement land concerned falls; or imprisonment not exceeding one month or both. “provincial AREX officer” means the provincial AREX officer (3) No person or shop owner is allowed to dump waste in in the Ministry responsible for Agriculture in the province any place except in a designated place designed for that purpose. in which the communal land or resettlement land falls, 1410 1387 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 or any person in his or her office designated by him or (9) The local authority shall register every waste collection her in writing to perform his or her functions; and management enterprise operating within its area of jurisdiction “RDC” means Rural District Council; upon payment of a prescribed fee. “reserved species” means any indigenous plants or vegetation (10) Any waste management enterprise that fails to register specified in First Schedule; with the council shall have committed an offence and liable to a fine “sleigh” means any vehicle used for transport which— not exceeding level 5 or imprisonment not exceeding six months or both. (a) travels on runners instead of wheels; or (11) The owner or occupier of a waste collection or waste (b) travels on any other manner on the surface of the management enterprise shall keep and maintain up to date records ground without the use of wheels or trucks driven on the type, quantity, quality, origin and whereabouts of wastes or by wheels; waste oils collected or managed by it. “standard fireguard” means a strip of land which has been (12) Any waste management enterprise that fails to keep up cleared of any flammable material and has a width of a to date records shall have committed an offence and liable to a fine not minimum of 9m either side of a boundary; exceeding level 3 or imprisonment not exceeding three months or both. “stray animal” means any domesticated animal wonder; Removal of waste “vegetation” includes any tree, shrub, fern, flower, grass, creeper, crop or any other plant or organic matter or any 31. (1) All refuse accumulated on premises shall be removed part thereof, whether dead or alive; from time to time and shall be deposited to a designated refuse disposal site, and the council shall be entitled as its discretion either to “waste management enterprise” means any entity that is remove such refuse itself or by its contractors or to require the owner contracted to manage waste by council; or occupier to do so under the supervision of the council’s authorised “waste material” includes any containers, wrappings, cartons, officials from time to time and at such a time as the council may so cigarette packets, paper, vegetable matter, garden waste, determine. hedge clippings, dead animals, ash, tins, rubbish, bricks, stone, soil and any other matter or substance which is (2) Failure to dispose accumulated refuse at premises at offensive, unwholesome or untidy; designated disposal site or refuse to comply with an order to remove refuse under the supervision of council shall be an offence and liable “ZINWA” means the Zimbabwe National Water Authority; to a fine not exceeding level 4 or imprisonment not exceeding six “ZRP” means the Zimbabwe Republic Police. months or both. Preparation and adoption of a plan Waste management, collection and disposal

4. (1) The council may prepare an environmental action plan 32. (1) All waste generators shall properly store their waste and for the area under its jurisdiction. properly dispose it in a sustainable environmental manner except for (2) Where a plan is to be prepared in terms of subsection (1), domestic waste. the council shall— (2) Failure to properly store waste and properly dispose it, is (a) cause its intention to prepare a plan to be notified in such an offence and liable to a fine not exceeding level 3 or imprisonment manner as it considers appropriate to be inhabitants for not exceeding three months or both. the area for which the plan is intended; and 1388 1409 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 licence approved by the Agency and having notified the council of a (b) make available for inspection by any of the inhabitants prescribed fee. a draft proposal of the area plan; and (2) Any person who fails to notify the council for disposing (c) call upon any inhabitant who has an objection to the of waste or effluent into the environment shall have committed an proposed plan to lodge his or her objection with the offence and liable to a fine not exceeding level 5 or imprisonment council within 30 days of the date of notification of the not exceeding six months or both. proposal. (3) A licence shall not be required in respect of— (3) In preparing any plan, the council may— (a) on site disposal of household domestic waste by means (a) seek the advice of— of pit latrines, septic tanks and associated soak ways, (i) the provincial planning officer; and refuse pits and other on site household domestic sanitation systems; (ii) the provincial AREX officer; and (b) the application of inorganic fertilizers, chemicals and animal (iii) the provincial environmental officer; and manure used for the purposes of agricultural production, if (iv) the provincial warden; and the application is onsite and its effects are restricted to the (b) take into account any objection received in terms of location where such production takes place. subsection (3). (4) Every generator of solid and effluent waste shall prepare (4) If in preparing any plan, the council does not act in a waste management plan not later than the 30th November, of each accordance with the advice given by the officers referred to in year. subsection (3), it shall advise the provincial administrator, in writing, (5) Any person who fails to submit waste management plan of this fact and the reasons thereof. to the council shall have committed an offence and liable to a fine (5) Once a plan has been prepared and approved by the council not exceeding level 3 or imprisonment not exceeding three months by resolution, a copy thereof shall be forwarded to the provincial or both. administrator together with the substance of any— (6) The Local Authority shall prepare a waste management (a) objections lodged in terms of subsection (4); and plan not later than the 31st of December, of each year consisting of the (b) advice tendered in terms of subsection (3); matters specified in section 12(1) of the Environmental Management (6) The provincial administrator may within 30 days of the ((Effluent and Solid Waste Disposal) Regulations, Statutory Instrument date a plan is forwarded to him or her in terms of subsection (5)— 6 of 2007, in relation to the waste by or in possession by the Authority. (a) inform the council in writing of his or her approval of (7) In preparing its waste management plan the local authority the plan; or may request in writing that generators of waste within its jurisdiction submit their waste management plans. (b) inform the council in writing of his or her approval of the plan subject to such amendments as he or she may (8) The local authority shall designate suitable sites as waste propose. collection sites within its jurisdiction for the management of wastes and ensure a waste collection frequency that minimises accumulation (7) Where the provincial administrator makes proposals for and avoids decomposition of waste on collection sites. the amendment of a plan, the council may— (a) proceed in terms of subsections (3) and (4); and 1408 1389 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (b) if it is not satisfied with the decision of the provincial (c) the burning of metallic wire coated with any material; administrator, within 30 days notification of the decision, or appeal to the Minister who after calling for representations (d) the burning of oil in the open air; or from all the parties concerned, including, if necessary (e) the operation of an incinerator; or from the inhabitants of the area for which the plan is (f) any activity that causes the emission of a pollutant into intended, shall make a decision on the matter and his the atmosphere. or her decision shall be final. shall in the course of that activity emit any substance into the (8) In describing areas in the plan, reference may be made atmosphere in excess of the amount prescribed in the Third Schedule to any summits of hills, streams, rivers, roads, fences, buildings, of the Environment Management (Atmosphere Pollution Control) communal boundaries, prominent rocks or trees or any other thing Regulations, 2009, published in Statutory Instrument 72 of 2009. which is readily identifiable by or is well known to the inhabitants. (3) No person is permitted to burn any waste at a landfill. (9) Once a plan has been approved, a copy thereof shall— (a) be made available for inspection, free of charge, during (4) Any person who burns waste on a landfill or dump site normal working hours at the offices of the council or at any shall have committed an offence and liable to a fine not exceeding place or places considered by council to be convenient; level 5 or imprisonment not exceeding six months or both. and (5) Anyone who contravenes the provisions of subsections (b) be sent to each village development committee in the (1) and (2) shall be guilty of an offence and is liable to any of the council area. following— (a) fine not exceeding level 5; or Contents of the plan (b) temporary closure of the facility for up to three weeks

5. (1) In respect of any area set aside in a plan for grazing, the until level of emissions have been rectified; or council shall, in the plan specify— (c) imprisonment not exceeding six months. (a) the maximum number of livestock which may be grazed in that grazing area; Emission licences (b) which owner or owners may graze livestock in a grazing 29. (1) Any person who has an emission licence issued by the area; Environment Management Agency in the council area shall register (c) the maximum number of livestock or the maximum with the council upon a payment of a prescribed fee. number of different types of livestock which each owner (2) Any person who fails to register an emission license with may graze in the grazing area; the council shall have committed an offence and liable to a fine not (d) the period within which any inhabitant is to cease grazing exceeding level 2 or imprisonment not exceeding one month or both. livestock in a grazing area; (3) Any member of the public may inspect the register of licences upon payment of an appropriate fee. (e) the period within which any inhabitant is to reduce the number of livestock to the level he or she is permitted Solid and effluent waste management to graze in any grazing area in terms of paragraph (c); 30. (1) No person shall dispose of waste or effluent into a public stream or into any other surface or ground water in the council area whether directly or through drainage or seepage except under a 1390 1407 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (9) Any person who fails to register with the council wildlife (f) the period within which any inhabitant is to cease grazing conservancy shall have committed an offence and liable to a fine not livestock within any area such inhabitant is not permitted exceeding level 5 or imprisonment not exceeding six months or both to graze his or her livestock in terms of paragraph (b); such fine and such imprisonment. (g) the division of grazing land into paddocks for rotational Wildlife management grazing;

27. (1) All wildlife conservancy shall be registered with the (h) the herding of livestock of any or all categories council upon payment of a prescribed fee. generational or within such designated paddocks and in the one or more herds; (2) Any person who fails to register with the council wildlife (i) the marking of arable land or paddocks by fencing conservancy shall have committed an offence and liable to a fine not planting of tree lines or by any other means; exceeding level 5 or imprisonment not exceeding six months or both. (j) the sitting of water points according to planned grazing (3) Council shall order adherence to standard operation area, paddocks, cultivated land, villages, sewerage, procedures which are— health, education and other welfare facilities; (a) outside perimeter fence shall be 1,8 metres high with 18 to 21 stands of wire; (k) the sitting of a dip tanks, biomass for intensive feeding of livestock or game; and (b) inside perimeter fence shall be 1,5 metres tall with four strands wires; (l) measures appropriate for the conservation and proper use of any wildlife in any grazing area. (c) the gaping between the fences shall be 10 metres apart and shall be graded for inspection purposes; (2) In respect of any area set aside in plan for cultivation, the council may, in the plan, specify— (d) all the fences shall be electrified with a minimum of 5 000 volts; (a) which inhabitants may cultivate in any cultivation area; (4) Any person who fails to abide by the provisions of the (b) the means or implements which shall be used to cultivate order shall have committed an offence and liable to a fine not exceeding in any cultivation area; level 5 or imprisonment not exceeding six months or both. (c) the type of crops which may be grown and their rotation, if any; (5) All problem wildlife animals shall be put on council hunting quota. (d) the dates by which the residue of certain crops must be moved; Air pollution (e) responsibility for moving noxious weeds;

28. (1) No person shall emit any substances which cause air (f) contour ridging schemes and other land protection and pollution in the council area based on the Standards and Enforcement conservation measures; Committee air quality standards in terms of section 63 of the Environmental Management Act. (g) areas to be set aside as wood lots; (2) No person who engages in any of the following activities— (h) the date at which cultivation shall cease until certain land protection and conservation measures have been (a) the burning of vehicle tyres; or implemented. (b) the burning of bitumen; or 1406 1391 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (3) Any person who fails to comply with the provisions Livestock management of the plan shall have committed an offence and liable to a fine not 26. (1) Council shall— exceeding level 4 or imprisonment not exceeding six months or both. (a) construct a pound in which all stray animals shall be kept; Amendment of plan (b) charge a prescribed pound storage fee for any stray animal

6. (1) Sections 4(3) to (9) shall apply, mutatis mutandis, to any that is not reclaimed after 24 hours of being impounded; proposals to amend a plan. (c) auction impounded animals after three months of staying (2) In respect of any area set aside in a plan for grazing, in in the pound; the council, the plan shall specify— (d) appoint a pound master; (a) the maximum number of livestock which may be grazed (e) order the removal of livestock and livestock structures in that grazing area; in growth points and business service centres; (b) which owner or owners may graze livestock in a grazing (2) Failure to comply with the provision of the order in area; subsection(1)(e) shall be an offence liable to a fine not exceeding (c) the maximum number of livestock or the maximum level 3 or imprisonment not exceeding three months or both such number of different types of livestock which owner may fine and such imprisonment. graze in a grazing area; (3) No person shall organise or cause to organise livestock (d) the period within which any inhabitant is to reduce the sales for commercial purpose in the council area without council number of livestock to the levels he or she is permitted authority. to graze in any grazing area in terms of paragraph (c); (4) No person shall buy or sell or cause to buy or sell livestock (e) the period within which any inhabitant is to cease for commercial purposes in the council area without authority upon grazing livestock within any area where such inhabitant payment of prescribed fee, council shall charge a prescribed fee on is not permitted to graze his or her livestock in terms of knockdown price per livestock to the buyer. paragraph (d); (5) Any person who buys or sells or causes to buy livestock (f) measures appropriate for the conservation and proper without authority from council shall have committed an offence and use of any wildlife in any grazing area. liable to a fine not exceeding level 5 or imprisonment not exceeding (3) If any livestock is found grazing in an area other than a six months or both such fine and such imprisonment. grazing area, the owner thereof shall be presumed to have allowed (6) Any person who fails to remit the prescribed knockdown the livestock to graze in that area: fee for livestock he or she bought shall have committed an offence and Provided that it shall be a sufficient defence if the owner liable to a fine not exceeding level 5 or imprisonment not exceeding proves that he or she took all reasonable precautions to ensure that six months or both such fine and such imprisonment. the livestock did not graze outside the grazing area. (7) Council shall construct an abattoir or slaughter poll or (4) The holder of a dipping card upon which is recorded contract a private player to do so. the number of cattle which he or she dips shall be deemed to have (8) No person shall slaughter any livestock for commercial the custody or control of the number of cattle recorded on his or her purposes except at designated areas. dipping card until the contrary is proved. 1392 1405 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Any person who fails to comply with the provisions of the (5) No plan or part thereof shall be deemed to be invalid order shall have committed an offence and liable to a fine not exceeding because it is not possible to determine the exact situation on the level 3 or imprisonment not exceeding three months or both. ground of the boundary of any grazing or cultivation area. (3) Council shall put conservation works for areas that need (6) In respect of any area set aside in a plan for cultivation, urgent attention and recover its costs from the owner of the land or the council may, in the plan, specify— occupier. (a) which inhabitants may cultivate in any cultivation area; (4) No person shall construct conservation works in the council (b) the means or implements which may be used to cultivate area without the authority of Ministry of Lands, Agriculture, Water in any cultivation area; Climate and Rural Resettlement. (c) the type of crops which may be grown and their rotation; (5) Any person who construct conservation works without (d) the responsibility for removing noxious weeds; the authority of Ministry of Agriculture shall have committed an (e) contour ridging schemes and other land and soil protection offence and liable to a fine not exceeding level 3 or imprisonment and conservation measures; not exceeding three months or both. (f) areas to be set aside as wood lots; (6) No person shall build a weir dam or dam without first putting measures to control measures to control soil erosion. (g) areas to be set aside for renewable energy production crops; (7) Any person who authorises or built a weir dam or dam without putting conservation works shall have committed an offence (h) the date on which cultivation shall cease until certain and liable to a fine not exceeding level 5 or imprisonment not exceeding land protection and conservation measures have been six months or both. implemented. (7) In respect of any area set aside in a plan for environmental Fencing and conservation works and natural resources conservation, the council may, in the plan, specify—

25. (1) Council shal fence and maintain conservation works (a) areas to be set aside as wood lots; within the area. (b) areas for growing renewable energy production crops; (2) Any person who— (c) contour ridging schemes and other land and soil protection (a) damages, destroys or removes any fence within council and conservation measures; and land or on the boundary of council land; (d) the measures that may be taken to protect and conserve (b) damages or destroys and conservation works on council the environment and natural resources. land; Environmental plans (c) fails to construct and maintain pegged land; 7. (1) Council shall develop environmental plans in terms of (d) undertakes a project that degrades the environment; section 95 of the Environmental Management Act [Chapter 20:27], shall take responsibility to restore or rehabilitate the land worked and in developing the environmental plans council shall— upon at the conclusion of the project or otherwise shall be guilty of (a) consult residents in the council area; an offence and liable to pay a fine up to level 3 or imprisonment not (b) consult all relevant government departments in the exceeding three months or both. council area; and (c) consult other relevant stakeholders in the council area. 1404 1393 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Council shall make available a copy of the environmental (2) Any person who fails to comply with the provision of plan for public comments and representations within a period of 30 the order shall have committed an offence and liable to a fine not days. exceeding level 5 or imprisonment not exceeding six months or both. (3) An environmental plan shall be made available for (3) An order made in terms of subsection (1) may be addressed inspection and public comment at the council offices. to a particular person orally or in writing or may be of general application throughout the communal or resettlement areas within (4) Any person who wants to make a copy of the environmental the council area. plan shall do so at his or her own expense. (4) An order which is intended to be of general application Environmental impact assessment throughout the communal or resettlement areas shall—

8. (1) Any person who wants to implement any project in the (a) be recorded in a book kept for the purpose; and council area for which an environmental impact assessment is required in terms of section 97 of the First Schedule of the Environmental (b) specify the date upon which it is to come into operation; and Management Act [Chapter 20:27] is required to submit the following (c) specify and describe the area affected; and documents to council upon payment of a prescribed fee— (d) be read out at a public meeting of the council called for (a) a copy of the Environmental Impact Assessment Report that purpose; and for the proposed project; and (e) be signed, dated and certified by the person who reads (b) a copy of the Environmental Impact Assessment it as having been read out in terms of paragraph (d). Certificate issued for the project by the Director-General (5) For the purposes of subsection (3)(c), section 4(9) shall of the Environmental Management Agency. apply, mutatis mutandis, to the description of the area referred to in (2) The traditional leadership in the concerned area shall give that paragraph. proof of consent to any person who wants to implement a project in (6) An order— their area of jurisdiction. (a) addressed to an individual shall come into operation (3) Council shall order the developer concerned to cease immediately; operation until EIA report and certificate has been produced. (b) having general effect shall come into operation one week (4) Any person who fails to submit EIA report to the council after the order is read out in terms of subsection (4)(d). and or implement a project without EIA certificate shall have committed an offence and liable to a fine not exceeding level 5 or imprisonment (7) The book in which orders are recorded in terms of for a period not exceeding six months or to both such a fine and subsection (4)(a) shall be available for inspection by any inhabitant imprisonment. of the affected area during normal working hours. (8) An order made in terms of this section may be amended Environmental rehabilitation works on abandonment of projects or revoked by the council.

9. (1) Any person who undertakes a project that results in environmental degradation in the council area is required to inform Construction of conservation works council on any rehabilitation works that will be undertaken before 24. (1) Council shall order any owner of land that requires abandonment or closure of the project. conservation works to put appropriate conservation works in place over a reasonable period of time in consultation with Ministry of Agriculture. 1394 1403 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 sub-catchment council on condition that he or she notifies in writing (2) The council shall be given 12 months notice of any the Rural District Council upon payment of a prescribed fee. intended closure and issue a decommissioning certificate to concerned stakeholders upon completion of rehabilitation works. (3) Any person who abstract water from a dam or drill a borehole or well without notifying the council shall have committed (3) Any person who fails to submit rehabilitation plan to an offence and liable to a fine not exceeding level 2 or imprisonment the council before project implementation shall have committed an not exceeding one month or both. offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding three months or to both such a fine and Protection of water resources imprisonment.

22. (1) All residents in the council area have a duty to protect Environmental works carried out by council and conserve water resources and sources such as boreholes, dams, 10. Where a land owner or occupier as the case may be, requests rivers, weirs and rivers and in particular— to carry out environmental works on his or her land, or in the event (a) against pollution; that the owner fails to do so on his or her own, council may undertake (b) promote sustainable use. such environmental works as may be necessary to rehabilitate the environment and recover the costs associated with such works from (2) Council shall make orders controlling the protection and the land owner or occupier of the land. conservation of water resources in the council area. (3) Any person who contravenes subsection (1)(a) shall have Burning of vegetation committed an offence and liable to a fine not exceeding level 5 or 11. (1) The council may make an order to regulate and control the imprisonment not exceeding six months or both. burning of vegetation in the council area in line with the requirements of the Forestry Act [Chapter 19:05]. General provisions on protection of the environment and natural resources (2) No person shall burn vegetation without giving notice to the adjoining neighbours, ZRP, traditional leaders, RDC, EMA and

23. (1) Council shall make orders controlling all or any of the Forestry Commission. following matters— (3) No person shall make a fire and leave it unattended even (a) the picking or removal or indigenous plants; prior the fire season. (b) the hunting or removal of wildlife; (4) Council shall issue orders on the construction of the (c) the catching or removal of fish; standard fireguards. (d) the movement of livestock; (5) Owners of adjoining properties shall contribute to the construction of fireguards. (e) the buying and selling of livestock; (6) All persons within the vicinity of a fire have a duty to take (f) the protection of the road network; appropriate measures to put out fires irrespective of who started the fire or whose land or property it is. (g) the rehabilitation of the environment by mining activities; (7) Any person who contravenes subsections (2), (3), (5) and (h) the construction of conservation works in arable lands. (6) shall have committed an offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding two months or to both such a fine and imprisonment. 1402 1395 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 Invasive alien species (2) Any person who moulds or make bricks for commercial purposes without council authority shall have committed an offence

12. (1) Every occupier or owner of land within the council area and liable to a fine not exceeding level 3 or imprisonment not exceeding shall keep their land free from invasive alien species. three months or both. (2) The council shall give a written or oral order on the (3) In the event that a person intends to mould or make bricks occupier or owner of land where invasive alien species is growing for sale or commercial purposes he shall demonstrate to council that to clear or cause to be cleared any invasive alien species from his or he or she is capable of taking the following measures before he or her land. she is granted permission— (3) In cases where there is imminent threat to the environment, (a) rehabilitate the environment or pits created by his or her livestock or human health from invasive alien species on land activities; belonging to or occupied by a resident in the council area, council may take measures to control, remove or clear the land of invasive (b) use deadwood for burning the bricks and if this is not alien species, at its own cost and recover the expenses incurred from available ensure that they only cut branches of trees and the land owner or occupier as the case may be. not the whole tree; and (4) Any person who fails to comply with an order to remove (c) in the event that compliance with paragraph (b) in this invasive alien species on his or her land or on land occupied shall subsection is not possible, demonstrate that he or she is have committed an offence and liable to a fine not exceeding level 3 capable of carrying out a reforestation projects in the or imprisonment for a period not exceeding three months or to both area where trees have been cut. such a fine and imprisonment. (4) Council shall set aside land for commercial brick making Protection of wetlands in the council area, which land shall be used by brick makers in the

13. (1) In order to promote the protection of wetlands, council ward or village under specified terms and conditions as council may shall take measures and make orders for the protection of wetlands, set. rivers and streams in the council area in line with the requirements of (5) The area set aside for commercial brick moulding shall section 113 of the Environmental Management Act [Chapter 20:27]. be 30m from dams and rivers. (2) No person shall temper, drain, cultivate or carry any human (6) Any person who moulds or makes bricks for commercial activity in a wetland without EMA and RDC written approval. purposes outside council designated area shall have committed an (3) No person shall carry human activities within 30 metres offence and liable to a fine not exceeding level 3 or imprisonment from the highest flood plain of a dam or artificial water body. not exceeding three months or both. (4) No person shall carry out human activities on land within (7) No council permission is required for making or moulding 30 metres of naturally defined banks of a public stream/river. bricks for domestic use shall seek permission from traditional leaders. (5) No person shall carry out human activities in the riverbed, Commercial use of water resources banks or course of any river or stream. 21. (1) No person shall abstract water from a dam or river or (6) Any person who contravenes subsections (2), (3), (4) and weir without notifying ZINWA. (5) shall have committed an offence and liable to a fine not exceeding (2) No person shall drill a borehole or well or abstract level 5 or imprisonment for a period not exceeding six months or to water from a river or stream without a permit from relevant both such a fine and imprisonment. 1396 1401 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Council shall set aside areas on which gravel, stones, river Environment committee and sub-committee sand and pit sand shall be extracted in the council area for commercial 14. (1) The environment committee and environment sub- purposes upon payment of a fee in addition to the requirements in the committee appointed in terms of section 61 of the Rural District Environmental Management Act. Councils Act [Chapter 29:13] in the council area shall exercise all the (3) Council shall license a private player to extract river sand, functions and duties imposed in terms of that Act and in pursuance of pit sand, gravel and stones for commercial purposes upon payment the need to promote environmental conservation, the development of of a prescribed fee. the council area using natural resources and environmental protection. (4) No person shall excavate, remove, possess, transport sand, (2) Council shall delegate some of their duties to an clay, stones deposits in excess of one tonne or for commercial purposes environmental monitor appointed by it. without notifying the council upon payment of a prescribed fee. Sleighs (5) Any person who transport or excavate river sand, pit sand, clay, gravel and stones at an unregistered site for commercial purposes 15. (1) No person shall own, possess, use or cause to be used a or exceeding one tonne shall have committed an offence and liable sleigh on the council land. to a fine not exceeding level 5 or imprisonment not exceeding six (2) Any person who contravenes section 14 shall have months or such fine and imprisonment. committed an offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding two months or to both such Reclaiming of gullies a fine and imprisonment.

19. (1) No person is allowed to drag an ox-drawn plough in such a manner as to cause gullies along field routes or other paths in the Cutting of trees council area. 16. (1) No person shall cut down trees in the council area except— (2) Any person who drag an ox-drawn plough in such a (a) collection and removal of dead wood for firewood; manner as to cause gullies along field routes or other paths in the (b) cutting tree branches for building houses, keeping council area shall have committed an offence and liable to a fine not livestock and other domestic uses; exceeding level 3 or imprisonment of three months or such fine and (c) land clearing for agricultural purposes; imprisonment. (d) for other domestic purposes. (3) Council shall on its own take measures or make an order on any owner or occupier of land to rehabilitate or reclaim land affected (2) No person shall sale or trade in any firewood or timber by gullies in the council area. except under the terms of firewood or timber trader’s licences issued by Forestry Commission under the following conditions— (4) Any person who fails to comply with the provisions of (a) council shall be notified upon payment of a prescribed the order shall have committed an offence and liable to a fine not fee and maintain a record of people or entities involved exceeding level 3 or imprisonment not exceeding three months or in firewood or timber trading; such a fine and imprisonment. (b) any person who fails to give a notification to the council Brick making shall be guilty of an offence and liable to a fine not

20. (1) No person shall mould or make bricks for sale or exceeding level 2 or imprisonment not exceeding one commercial purposes in the council area without the permission of month or such fine and imprisonment; council. 1400 1397 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (c) council shall give orders to any tobacco farmer on the Fruits and other forest produce establishment of woodlots for tobacco curing; 17. (1) No person is allowed to harvest, collect or pick fruits or (d) any person who fails to comply with the order shall have other forest produce for sale, except in terms of a harvesting permit committed an offence and liable to a fine not exceeding issued by the council in consultation with Forestry Commission, in level 5 or imprisonment not exceeding six months or terms of the Communal Forest Produce Act [Chapter 19:04] and both such fine and imprisonment. under the following conditions— (3) No person shall transport firewood or timber exceeding (a) council shall be notified upon payment of a prescribed 0.5m3 (one wheelbarrow) without movement permit issued by Forestry fee and maintain a record of people or entities involved Commission under the following condition— in the picking, collection or harvesting of fruits or other (a) council shall be notified upon payment of a prescribed forest produce for sale in the council area; fee and maintain a record of all transporters; (b) any person who fails to give a notification to the council (b) farmers shall get permission for the transportation of shall be guilty of an offence and liable to fine not firewood from Forestry Commission for commercial exceeding level 2 or imprisonment not exceeding one use and local leadership for domestic use. month or such fine and imprisonment; (c) council shall impose restrictions on the picking, harvesting (4) Any person who fails to give a notification to the council of fruits or forest produce for commercial purposes shall be guilty of an offence and liable to fine not exceeding level 2 or if council finds it desirable to do so to conserve the imprisonment not exceeding one month or such fine and imprisonment. environment. (5) A permit shall not authorise exploitation of reserved species. (2) Any person who fails to abide by the imposed restriction shall have committed an offence and liable to a fine not exceeding (6) Any person who exploit reserved species shall have level 5 or imprisonment not exceeding six months or such fine and committed an offence and liable to a fine not exceeding level 5 or to imprisonment. an imprisonment not exceeding six months or to both such a fine and imprisonment. (3) No person shall harvest non timber forest produce prematurely. (7) Council shall order to land owner or occupier the planting of trees on any degraded area under its jurisdiction. (4) Any person who harvest, collect or pick fruits without harvesting permit issued by council and who harvest non timber forest (8) Any person who fails to comply with an order shall produce prematurely shall have committed an offence and liable to a have committed an offence and liable to a fine not exceeding level fine not exceeding level 4 or imprisonment not exceeding six months 4 or imprisonment not exceeding five months or to such fine and or such a fine and imprisonment. imprisonment. Collection or removal of gravel, stones, river sand or pit sand (9) Council shall seize any firewood, timber and equipment which is reasonably believed to having been used in the commission 18. (1) In Addition to compliance with the Environmental of an offence. Management Act, every person who intends to extract river sand, (10) Council shall impound vessels used in the commission stones and pit sand for commercial purposes shall inform council of an offence. upon payment of a prescribed fee. 1398 1399 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (c) council shall give orders to any tobacco farmer on the Fruits and other forest produce establishment of woodlots for tobacco curing; 17. (1) No person is allowed to harvest, collect or pick fruits or (d) any person who fails to comply with the order shall have other forest produce for sale, except in terms of a harvesting permit committed an offence and liable to a fine not exceeding issued by the council in consultation with Forestry Commission, in level 5 or imprisonment not exceeding six months or terms of the Communal Forest Produce Act [Chapter 19:04] and both such fine and imprisonment. under the following conditions— (3) No person shall transport firewood or timber exceeding (a) council shall be notified upon payment of a prescribed 0.5m3 (one wheelbarrow) without movement permit issued by Forestry fee and maintain a record of people or entities involved Commission under the following condition— in the picking, collection or harvesting of fruits or other (a) council shall be notified upon payment of a prescribed forest produce for sale in the council area; fee and maintain a record of all transporters; (b) any person who fails to give a notification to the council (b) farmers shall get permission for the transportation of shall be guilty of an offence and liable to fine not firewood from Forestry Commission for commercial exceeding level 2 or imprisonment not exceeding one use and local leadership for domestic use. month or such fine and imprisonment; (c) council shall impose restrictions on the picking, harvesting (4) Any person who fails to give a notification to the council of fruits or forest produce for commercial purposes shall be guilty of an offence and liable to fine not exceeding level 2 or if council finds it desirable to do so to conserve the imprisonment not exceeding one month or such fine and imprisonment. environment. (5) A permit shall not authorise exploitation of reserved species. (2) Any person who fails to abide by the imposed restriction shall have committed an offence and liable to a fine not exceeding (6) Any person who exploit reserved species shall have level 5 or imprisonment not exceeding six months or such fine and committed an offence and liable to a fine not exceeding level 5 or to imprisonment. an imprisonment not exceeding six months or to both such a fine and imprisonment. (3) No person shall harvest non timber forest produce prematurely. (7) Council shall order to land owner or occupier the planting of trees on any degraded area under its jurisdiction. (4) Any person who harvest, collect or pick fruits without harvesting permit issued by council and who harvest non timber forest (8) Any person who fails to comply with an order shall produce prematurely shall have committed an offence and liable to a have committed an offence and liable to a fine not exceeding level fine not exceeding level 4 or imprisonment not exceeding six months 4 or imprisonment not exceeding five months or to such fine and or such a fine and imprisonment. imprisonment. Collection or removal of gravel, stones, river sand or pit sand (9) Council shall seize any firewood, timber and equipment which is reasonably believed to having been used in the commission 18. (1) In Addition to compliance with the Environmental of an offence. Management Act, every person who intends to extract river sand, (10) Council shall impound vessels used in the commission stones and pit sand for commercial purposes shall inform council of an offence. upon payment of a prescribed fee. 1398 1399 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Council shall set aside areas on which gravel, stones, river Environment committee and sub-committee sand and pit sand shall be extracted in the council area for commercial 14. (1) The environment committee and environment sub- purposes upon payment of a fee in addition to the requirements in the committee appointed in terms of section 61 of the Rural District Environmental Management Act. Councils Act [Chapter 29:13] in the council area shall exercise all the (3) Council shall license a private player to extract river sand, functions and duties imposed in terms of that Act and in pursuance of pit sand, gravel and stones for commercial purposes upon payment the need to promote environmental conservation, the development of of a prescribed fee. the council area using natural resources and environmental protection. (4) No person shall excavate, remove, possess, transport sand, (2) Council shall delegate some of their duties to an clay, stones deposits in excess of one tonne or for commercial purposes environmental monitor appointed by it. without notifying the council upon payment of a prescribed fee. Sleighs (5) Any person who transport or excavate river sand, pit sand, clay, gravel and stones at an unregistered site for commercial purposes 15. (1) No person shall own, possess, use or cause to be used a or exceeding one tonne shall have committed an offence and liable sleigh on the council land. to a fine not exceeding level 5 or imprisonment not exceeding six (2) Any person who contravenes section 14 shall have months or such fine and imprisonment. committed an offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding two months or to both such Reclaiming of gullies a fine and imprisonment.

19. (1) No person is allowed to drag an ox-drawn plough in such a manner as to cause gullies along field routes or other paths in the Cutting of trees council area. 16. (1) No person shall cut down trees in the council area except— (2) Any person who drag an ox-drawn plough in such a (a) collection and removal of dead wood for firewood; manner as to cause gullies along field routes or other paths in the (b) cutting tree branches for building houses, keeping council area shall have committed an offence and liable to a fine not livestock and other domestic uses; exceeding level 3 or imprisonment of three months or such fine and (c) land clearing for agricultural purposes; imprisonment. (d) for other domestic purposes. (3) Council shall on its own take measures or make an order on any owner or occupier of land to rehabilitate or reclaim land affected (2) No person shall sale or trade in any firewood or timber by gullies in the council area. except under the terms of firewood or timber trader’s licences issued by Forestry Commission under the following conditions— (4) Any person who fails to comply with the provisions of (a) council shall be notified upon payment of a prescribed the order shall have committed an offence and liable to a fine not fee and maintain a record of people or entities involved exceeding level 3 or imprisonment not exceeding three months or in firewood or timber trading; such a fine and imprisonment. (b) any person who fails to give a notification to the council Brick making shall be guilty of an offence and liable to a fine not

20. (1) No person shall mould or make bricks for sale or exceeding level 2 or imprisonment not exceeding one commercial purposes in the council area without the permission of month or such fine and imprisonment; council. 1400 1397 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 Invasive alien species (2) Any person who moulds or make bricks for commercial purposes without council authority shall have committed an offence

12. (1) Every occupier or owner of land within the council area and liable to a fine not exceeding level 3 or imprisonment not exceeding shall keep their land free from invasive alien species. three months or both. (2) The council shall give a written or oral order on the (3) In the event that a person intends to mould or make bricks occupier or owner of land where invasive alien species is growing for sale or commercial purposes he shall demonstrate to council that to clear or cause to be cleared any invasive alien species from his or he or she is capable of taking the following measures before he or her land. she is granted permission— (3) In cases where there is imminent threat to the environment, (a) rehabilitate the environment or pits created by his or her livestock or human health from invasive alien species on land activities; belonging to or occupied by a resident in the council area, council may take measures to control, remove or clear the land of invasive (b) use deadwood for burning the bricks and if this is not alien species, at its own cost and recover the expenses incurred from available ensure that they only cut branches of trees and the land owner or occupier as the case may be. not the whole tree; and (4) Any person who fails to comply with an order to remove (c) in the event that compliance with paragraph (b) in this invasive alien species on his or her land or on land occupied shall subsection is not possible, demonstrate that he or she is have committed an offence and liable to a fine not exceeding level 3 capable of carrying out a reforestation projects in the or imprisonment for a period not exceeding three months or to both area where trees have been cut. such a fine and imprisonment. (4) Council shall set aside land for commercial brick making Protection of wetlands in the council area, which land shall be used by brick makers in the

13. (1) In order to promote the protection of wetlands, council ward or village under specified terms and conditions as council may shall take measures and make orders for the protection of wetlands, set. rivers and streams in the council area in line with the requirements of (5) The area set aside for commercial brick moulding shall section 113 of the Environmental Management Act [Chapter 20:27]. be 30m from dams and rivers. (2) No person shall temper, drain, cultivate or carry any human (6) Any person who moulds or makes bricks for commercial activity in a wetland without EMA and RDC written approval. purposes outside council designated area shall have committed an (3) No person shall carry human activities within 30 metres offence and liable to a fine not exceeding level 3 or imprisonment from the highest flood plain of a dam or artificial water body. not exceeding three months or both. (4) No person shall carry out human activities on land within (7) No council permission is required for making or moulding 30 metres of naturally defined banks of a public stream/river. bricks for domestic use shall seek permission from traditional leaders. (5) No person shall carry out human activities in the riverbed, Commercial use of water resources banks or course of any river or stream. 21. (1) No person shall abstract water from a dam or river or (6) Any person who contravenes subsections (2), (3), (4) and weir without notifying ZINWA. (5) shall have committed an offence and liable to a fine not exceeding (2) No person shall drill a borehole or well or abstract level 5 or imprisonment for a period not exceeding six months or to water from a river or stream without a permit from relevant both such a fine and imprisonment. 1396 1401 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 sub-catchment council on condition that he or she notifies in writing (2) The council shall be given 12 months notice of any the Rural District Council upon payment of a prescribed fee. intended closure and issue a decommissioning certificate to concerned stakeholders upon completion of rehabilitation works. (3) Any person who abstract water from a dam or drill a borehole or well without notifying the council shall have committed (3) Any person who fails to submit rehabilitation plan to an offence and liable to a fine not exceeding level 2 or imprisonment the council before project implementation shall have committed an not exceeding one month or both. offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding three months or to both such a fine and Protection of water resources imprisonment.

22. (1) All residents in the council area have a duty to protect Environmental works carried out by council and conserve water resources and sources such as boreholes, dams, 10. Where a land owner or occupier as the case may be, requests rivers, weirs and rivers and in particular— to carry out environmental works on his or her land, or in the event (a) against pollution; that the owner fails to do so on his or her own, council may undertake (b) promote sustainable use. such environmental works as may be necessary to rehabilitate the environment and recover the costs associated with such works from (2) Council shall make orders controlling the protection and the land owner or occupier of the land. conservation of water resources in the council area. (3) Any person who contravenes subsection (1)(a) shall have Burning of vegetation committed an offence and liable to a fine not exceeding level 5 or 11. (1) The council may make an order to regulate and control the imprisonment not exceeding six months or both. burning of vegetation in the council area in line with the requirements of the Forestry Act [Chapter 19:05]. General provisions on protection of the environment and natural resources (2) No person shall burn vegetation without giving notice to the adjoining neighbours, ZRP, traditional leaders, RDC, EMA and

23. (1) Council shall make orders controlling all or any of the Forestry Commission. following matters— (3) No person shall make a fire and leave it unattended even (a) the picking or removal or indigenous plants; prior the fire season. (b) the hunting or removal of wildlife; (4) Council shall issue orders on the construction of the (c) the catching or removal of fish; standard fireguards. (d) the movement of livestock; (5) Owners of adjoining properties shall contribute to the construction of fireguards. (e) the buying and selling of livestock; (6) All persons within the vicinity of a fire have a duty to take (f) the protection of the road network; appropriate measures to put out fires irrespective of who started the fire or whose land or property it is. (g) the rehabilitation of the environment by mining activities; (7) Any person who contravenes subsections (2), (3), (5) and (h) the construction of conservation works in arable lands. (6) shall have committed an offence and liable to a fine not exceeding level 3 or imprisonment for a period not exceeding two months or to both such a fine and imprisonment. 1402 1395 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Council shall make available a copy of the environmental (2) Any person who fails to comply with the provision of plan for public comments and representations within a period of 30 the order shall have committed an offence and liable to a fine not days. exceeding level 5 or imprisonment not exceeding six months or both. (3) An environmental plan shall be made available for (3) An order made in terms of subsection (1) may be addressed inspection and public comment at the council offices. to a particular person orally or in writing or may be of general application throughout the communal or resettlement areas within (4) Any person who wants to make a copy of the environmental the council area. plan shall do so at his or her own expense. (4) An order which is intended to be of general application Environmental impact assessment throughout the communal or resettlement areas shall—

8. (1) Any person who wants to implement any project in the (a) be recorded in a book kept for the purpose; and council area for which an environmental impact assessment is required in terms of section 97 of the First Schedule of the Environmental (b) specify the date upon which it is to come into operation; and Management Act [Chapter 20:27] is required to submit the following (c) specify and describe the area affected; and documents to council upon payment of a prescribed fee— (d) be read out at a public meeting of the council called for (a) a copy of the Environmental Impact Assessment Report that purpose; and for the proposed project; and (e) be signed, dated and certified by the person who reads (b) a copy of the Environmental Impact Assessment it as having been read out in terms of paragraph (d). Certificate issued for the project by the Director-General (5) For the purposes of subsection (3)(c), section 4(9) shall of the Environmental Management Agency. apply, mutatis mutandis, to the description of the area referred to in (2) The traditional leadership in the concerned area shall give that paragraph. proof of consent to any person who wants to implement a project in (6) An order— their area of jurisdiction. (a) addressed to an individual shall come into operation (3) Council shall order the developer concerned to cease immediately; operation until EIA report and certificate has been produced. (b) having general effect shall come into operation one week (4) Any person who fails to submit EIA report to the council after the order is read out in terms of subsection (4)(d). and or implement a project without EIA certificate shall have committed an offence and liable to a fine not exceeding level 5 or imprisonment (7) The book in which orders are recorded in terms of for a period not exceeding six months or to both such a fine and subsection (4)(a) shall be available for inspection by any inhabitant imprisonment. of the affected area during normal working hours. (8) An order made in terms of this section may be amended Environmental rehabilitation works on abandonment of projects or revoked by the council.

9. (1) Any person who undertakes a project that results in environmental degradation in the council area is required to inform Construction of conservation works council on any rehabilitation works that will be undertaken before 24. (1) Council shall order any owner of land that requires abandonment or closure of the project. conservation works to put appropriate conservation works in place over a reasonable period of time in consultation with Ministry of Agriculture. 1394 1403 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (2) Any person who fails to comply with the provisions of the (5) No plan or part thereof shall be deemed to be invalid order shall have committed an offence and liable to a fine not exceeding because it is not possible to determine the exact situation on the level 3 or imprisonment not exceeding three months or both. ground of the boundary of any grazing or cultivation area. (3) Council shall put conservation works for areas that need (6) In respect of any area set aside in a plan for cultivation, urgent attention and recover its costs from the owner of the land or the council may, in the plan, specify— occupier. (a) which inhabitants may cultivate in any cultivation area; (4) No person shall construct conservation works in the council (b) the means or implements which may be used to cultivate area without the authority of Ministry of Lands, Agriculture, Water in any cultivation area; Climate and Rural Resettlement. (c) the type of crops which may be grown and their rotation; (5) Any person who construct conservation works without (d) the responsibility for removing noxious weeds; the authority of Ministry of Agriculture shall have committed an (e) contour ridging schemes and other land and soil protection offence and liable to a fine not exceeding level 3 or imprisonment and conservation measures; not exceeding three months or both. (f) areas to be set aside as wood lots; (6) No person shall build a weir dam or dam without first putting measures to control measures to control soil erosion. (g) areas to be set aside for renewable energy production crops; (7) Any person who authorises or built a weir dam or dam without putting conservation works shall have committed an offence (h) the date on which cultivation shall cease until certain and liable to a fine not exceeding level 5 or imprisonment not exceeding land protection and conservation measures have been six months or both. implemented. (7) In respect of any area set aside in a plan for environmental Fencing and conservation works and natural resources conservation, the council may, in the plan, specify—

25. (1) Council shal fence and maintain conservation works (a) areas to be set aside as wood lots; within the area. (b) areas for growing renewable energy production crops; (2) Any person who— (c) contour ridging schemes and other land and soil protection (a) damages, destroys or removes any fence within council and conservation measures; and land or on the boundary of council land; (d) the measures that may be taken to protect and conserve (b) damages or destroys and conservation works on council the environment and natural resources. land; Environmental plans (c) fails to construct and maintain pegged land; 7. (1) Council shall develop environmental plans in terms of (d) undertakes a project that degrades the environment; section 95 of the Environmental Management Act [Chapter 20:27], shall take responsibility to restore or rehabilitate the land worked and in developing the environmental plans council shall— upon at the conclusion of the project or otherwise shall be guilty of (a) consult residents in the council area; an offence and liable to pay a fine up to level 3 or imprisonment not (b) consult all relevant government departments in the exceeding three months or both. council area; and (c) consult other relevant stakeholders in the council area. 1404 1393 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (3) Any person who fails to comply with the provisions Livestock management of the plan shall have committed an offence and liable to a fine not 26. (1) Council shall— exceeding level 4 or imprisonment not exceeding six months or both. (a) construct a pound in which all stray animals shall be kept; Amendment of plan (b) charge a prescribed pound storage fee for any stray animal

6. (1) Sections 4(3) to (9) shall apply, mutatis mutandis, to any that is not reclaimed after 24 hours of being impounded; proposals to amend a plan. (c) auction impounded animals after three months of staying (2) In respect of any area set aside in a plan for grazing, in in the pound; the council, the plan shall specify— (d) appoint a pound master; (a) the maximum number of livestock which may be grazed (e) order the removal of livestock and livestock structures in that grazing area; in growth points and business service centres; (b) which owner or owners may graze livestock in a grazing (2) Failure to comply with the provision of the order in area; subsection(1)(e) shall be an offence liable to a fine not exceeding (c) the maximum number of livestock or the maximum level 3 or imprisonment not exceeding three months or both such number of different types of livestock which owner may fine and such imprisonment. graze in a grazing area; (3) No person shall organise or cause to organise livestock (d) the period within which any inhabitant is to reduce the sales for commercial purpose in the council area without council number of livestock to the levels he or she is permitted authority. to graze in any grazing area in terms of paragraph (c); (4) No person shall buy or sell or cause to buy or sell livestock (e) the period within which any inhabitant is to cease for commercial purposes in the council area without authority upon grazing livestock within any area where such inhabitant payment of prescribed fee, council shall charge a prescribed fee on is not permitted to graze his or her livestock in terms of knockdown price per livestock to the buyer. paragraph (d); (5) Any person who buys or sells or causes to buy livestock (f) measures appropriate for the conservation and proper without authority from council shall have committed an offence and use of any wildlife in any grazing area. liable to a fine not exceeding level 5 or imprisonment not exceeding (3) If any livestock is found grazing in an area other than a six months or both such fine and such imprisonment. grazing area, the owner thereof shall be presumed to have allowed (6) Any person who fails to remit the prescribed knockdown the livestock to graze in that area: fee for livestock he or she bought shall have committed an offence and Provided that it shall be a sufficient defence if the owner liable to a fine not exceeding level 5 or imprisonment not exceeding proves that he or she took all reasonable precautions to ensure that six months or both such fine and such imprisonment. the livestock did not graze outside the grazing area. (7) Council shall construct an abattoir or slaughter poll or (4) The holder of a dipping card upon which is recorded contract a private player to do so. the number of cattle which he or she dips shall be deemed to have (8) No person shall slaughter any livestock for commercial the custody or control of the number of cattle recorded on his or her purposes except at designated areas. dipping card until the contrary is proved. 1392 1405 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (9) Any person who fails to register with the council wildlife (f) the period within which any inhabitant is to cease grazing conservancy shall have committed an offence and liable to a fine not livestock within any area such inhabitant is not permitted exceeding level 5 or imprisonment not exceeding six months or both to graze his or her livestock in terms of paragraph (b); such fine and such imprisonment. (g) the division of grazing land into paddocks for rotational Wildlife management grazing;

27. (1) All wildlife conservancy shall be registered with the (h) the herding of livestock of any or all categories council upon payment of a prescribed fee. generational or within such designated paddocks and in the one or more herds; (2) Any person who fails to register with the council wildlife (i) the marking of arable land or paddocks by fencing conservancy shall have committed an offence and liable to a fine not planting of tree lines or by any other means; exceeding level 5 or imprisonment not exceeding six months or both. (j) the sitting of water points according to planned grazing (3) Council shall order adherence to standard operation area, paddocks, cultivated land, villages, sewerage, procedures which are— health, education and other welfare facilities; (a) outside perimeter fence shall be 1,8 metres high with 18 to 21 stands of wire; (k) the sitting of a dip tanks, biomass for intensive feeding of livestock or game; and (b) inside perimeter fence shall be 1,5 metres tall with four strands wires; (l) measures appropriate for the conservation and proper use of any wildlife in any grazing area. (c) the gaping between the fences shall be 10 metres apart and shall be graded for inspection purposes; (2) In respect of any area set aside in plan for cultivation, the council may, in the plan, specify— (d) all the fences shall be electrified with a minimum of 5 000 volts; (a) which inhabitants may cultivate in any cultivation area; (4) Any person who fails to abide by the provisions of the (b) the means or implements which shall be used to cultivate order shall have committed an offence and liable to a fine not exceeding in any cultivation area; level 5 or imprisonment not exceeding six months or both. (c) the type of crops which may be grown and their rotation, if any; (5) All problem wildlife animals shall be put on council hunting quota. (d) the dates by which the residue of certain crops must be moved; Air pollution (e) responsibility for moving noxious weeds;

28. (1) No person shall emit any substances which cause air (f) contour ridging schemes and other land protection and pollution in the council area based on the Standards and Enforcement conservation measures; Committee air quality standards in terms of section 63 of the Environmental Management Act. (g) areas to be set aside as wood lots; (2) No person who engages in any of the following activities— (h) the date at which cultivation shall cease until certain land protection and conservation measures have been (a) the burning of vehicle tyres; or implemented. (b) the burning of bitumen; or 1406 1391 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (b) if it is not satisfied with the decision of the provincial (c) the burning of metallic wire coated with any material; administrator, within 30 days notification of the decision, or appeal to the Minister who after calling for representations (d) the burning of oil in the open air; or from all the parties concerned, including, if necessary (e) the operation of an incinerator; or from the inhabitants of the area for which the plan is (f) any activity that causes the emission of a pollutant into intended, shall make a decision on the matter and his the atmosphere. or her decision shall be final. shall in the course of that activity emit any substance into the (8) In describing areas in the plan, reference may be made atmosphere in excess of the amount prescribed in the Third Schedule to any summits of hills, streams, rivers, roads, fences, buildings, of the Environment Management (Atmosphere Pollution Control) communal boundaries, prominent rocks or trees or any other thing Regulations, 2009, published in Statutory Instrument 72 of 2009. which is readily identifiable by or is well known to the inhabitants. (3) No person is permitted to burn any waste at a landfill. (9) Once a plan has been approved, a copy thereof shall— (a) be made available for inspection, free of charge, during (4) Any person who burns waste on a landfill or dump site normal working hours at the offices of the council or at any shall have committed an offence and liable to a fine not exceeding place or places considered by council to be convenient; level 5 or imprisonment not exceeding six months or both. and (5) Anyone who contravenes the provisions of subsections (b) be sent to each village development committee in the (1) and (2) shall be guilty of an offence and is liable to any of the council area. following— (a) fine not exceeding level 5; or Contents of the plan (b) temporary closure of the facility for up to three weeks

5. (1) In respect of any area set aside in a plan for grazing, the until level of emissions have been rectified; or council shall, in the plan specify— (c) imprisonment not exceeding six months. (a) the maximum number of livestock which may be grazed in that grazing area; Emission licences (b) which owner or owners may graze livestock in a grazing 29. (1) Any person who has an emission licence issued by the area; Environment Management Agency in the council area shall register (c) the maximum number of livestock or the maximum with the council upon a payment of a prescribed fee. number of different types of livestock which each owner (2) Any person who fails to register an emission license with may graze in the grazing area; the council shall have committed an offence and liable to a fine not (d) the period within which any inhabitant is to cease grazing exceeding level 2 or imprisonment not exceeding one month or both. livestock in a grazing area; (3) Any member of the public may inspect the register of licences upon payment of an appropriate fee. (e) the period within which any inhabitant is to reduce the number of livestock to the level he or she is permitted Solid and effluent waste management to graze in any grazing area in terms of paragraph (c); 30. (1) No person shall dispose of waste or effluent into a public stream or into any other surface or ground water in the council area whether directly or through drainage or seepage except under a 1390 1407 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 licence approved by the Agency and having notified the council of a (b) make available for inspection by any of the inhabitants prescribed fee. a draft proposal of the area plan; and (2) Any person who fails to notify the council for disposing (c) call upon any inhabitant who has an objection to the of waste or effluent into the environment shall have committed an proposed plan to lodge his or her objection with the offence and liable to a fine not exceeding level 5 or imprisonment council within 30 days of the date of notification of the not exceeding six months or both. proposal. (3) A licence shall not be required in respect of— (3) In preparing any plan, the council may— (a) on site disposal of household domestic waste by means (a) seek the advice of— of pit latrines, septic tanks and associated soak ways, (i) the provincial planning officer; and refuse pits and other on site household domestic sanitation systems; (ii) the provincial AREX officer; and (b) the application of inorganic fertilizers, chemicals and animal (iii) the provincial environmental officer; and manure used for the purposes of agricultural production, if (iv) the provincial warden; and the application is onsite and its effects are restricted to the (b) take into account any objection received in terms of location where such production takes place. subsection (3). (4) Every generator of solid and effluent waste shall prepare (4) If in preparing any plan, the council does not act in a waste management plan not later than the 30th November, of each accordance with the advice given by the officers referred to in year. subsection (3), it shall advise the provincial administrator, in writing, (5) Any person who fails to submit waste management plan of this fact and the reasons thereof. to the council shall have committed an offence and liable to a fine (5) Once a plan has been prepared and approved by the council not exceeding level 3 or imprisonment not exceeding three months by resolution, a copy thereof shall be forwarded to the provincial or both. administrator together with the substance of any— (6) The Local Authority shall prepare a waste management (a) objections lodged in terms of subsection (4); and plan not later than the 31st of December, of each year consisting of the (b) advice tendered in terms of subsection (3); matters specified in section 12(1) of the Environmental Management (6) The provincial administrator may within 30 days of the ((Effluent and Solid Waste Disposal) Regulations, Statutory Instrument date a plan is forwarded to him or her in terms of subsection (5)— 6 of 2007, in relation to the waste by or in possession by the Authority. (a) inform the council in writing of his or her approval of (7) In preparing its waste management plan the local authority the plan; or may request in writing that generators of waste within its jurisdiction submit their waste management plans. (b) inform the council in writing of his or her approval of the plan subject to such amendments as he or she may (8) The local authority shall designate suitable sites as waste propose. collection sites within its jurisdiction for the management of wastes and ensure a waste collection frequency that minimises accumulation (7) Where the provincial administrator makes proposals for and avoids decomposition of waste on collection sites. the amendment of a plan, the council may— (a) proceed in terms of subsections (3) and (4); and 1408 1389 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 or any person in his or her office designated by him or (9) The local authority shall register every waste collection her in writing to perform his or her functions; and management enterprise operating within its area of jurisdiction “RDC” means Rural District Council; upon payment of a prescribed fee. “reserved species” means any indigenous plants or vegetation (10) Any waste management enterprise that fails to register specified in First Schedule; with the council shall have committed an offence and liable to a fine “sleigh” means any vehicle used for transport which— not exceeding level 5 or imprisonment not exceeding six months or both. (a) travels on runners instead of wheels; or (11) The owner or occupier of a waste collection or waste (b) travels on any other manner on the surface of the management enterprise shall keep and maintain up to date records ground without the use of wheels or trucks driven on the type, quantity, quality, origin and whereabouts of wastes or by wheels; waste oils collected or managed by it. “standard fireguard” means a strip of land which has been (12) Any waste management enterprise that fails to keep up cleared of any flammable material and has a width of a to date records shall have committed an offence and liable to a fine not minimum of 9m either side of a boundary; exceeding level 3 or imprisonment not exceeding three months or both. “stray animal” means any domesticated animal wonder; Removal of waste “vegetation” includes any tree, shrub, fern, flower, grass, creeper, crop or any other plant or organic matter or any 31. (1) All refuse accumulated on premises shall be removed part thereof, whether dead or alive; from time to time and shall be deposited to a designated refuse disposal site, and the council shall be entitled as its discretion either to “waste management enterprise” means any entity that is remove such refuse itself or by its contractors or to require the owner contracted to manage waste by council; or occupier to do so under the supervision of the council’s authorised “waste material” includes any containers, wrappings, cartons, officials from time to time and at such a time as the council may so cigarette packets, paper, vegetable matter, garden waste, determine. hedge clippings, dead animals, ash, tins, rubbish, bricks, stone, soil and any other matter or substance which is (2) Failure to dispose accumulated refuse at premises at offensive, unwholesome or untidy; designated disposal site or refuse to comply with an order to remove refuse under the supervision of council shall be an offence and liable “ZINWA” means the Zimbabwe National Water Authority; to a fine not exceeding level 4 or imprisonment not exceeding six “ZRP” means the Zimbabwe Republic Police. months or both. Preparation and adoption of a plan Waste management, collection and disposal

4. (1) The council may prepare an environmental action plan 32. (1) All waste generators shall properly store their waste and for the area under its jurisdiction. properly dispose it in a sustainable environmental manner except for (2) Where a plan is to be prepared in terms of subsection (1), domestic waste. the council shall— (2) Failure to properly store waste and properly dispose it, is (a) cause its intention to prepare a plan to be notified in such an offence and liable to a fine not exceeding level 3 or imprisonment manner as it considers appropriate to be inhabitants for not exceeding three months or both. the area for which the plan is intended; and 1388 1409 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (3) Domestic waste shall securely be put in bins and council “landfill” means a properly waste disposal engineered site; shall frequently collect it and or whenever necessary. “livestock” means domestic animals including (cattle, (4) Failure to properly secure put waste in bins shall be an donkeys, sheep and goats); offence and liable to a fine not exceeding level 3 or imprisonment “local authority” refer to council; not exceeding three months or both. “mineral panning” means illegal mining; (5) All households and shop owners shall have adequate bins “natural resource” includes— in their homes. (a) the air, soil, waters and minerals (6) Council shall designate temporary waste collection points (b) the mammal, bird, fish and other animal life; at appropriate sites. (c) the trees, grasses and other vegetation; and (7) Council shall withdraw shopping licences and/or close all the shops without adequate bins. (d) the springs, vleis, sponges, reed-beds, marshes, swamps and public streams; Responsibility of refuse “owner” means—

33. All refuse removal in the council area shall be carried out by (a) in the case of livestock, the person who normally the Council’s Environmental Health Section and no contractor shall has custody or control thereof; be permitted to undertake refuse removal except when requested to (b) in the case of cultivated land, any person who has do so by the Council and on its behalf and on agreed tariffs. the right to the produce of the land, including the Landfills spouse of such person and children over the age of eighteen years; and

34. (1) No person shall dispose general waste or hazardous waste at any other place except at designated site approved by council. (c) the person registered in the Deeds Registry as the owner of the land or premises; (2) Any person who fail to dispose general waste or hazardous waste at designated site approved by council shall have committed “occupier” in relation to land or premises, means any person an offence and liable to a fine not exceeding level 5 or imprisonment lawfully occupying or controlling the land or premises; not exceeding six months or both. “plan” means a diagram or illustration depicting or describing any area of land within communal or resettlement land Littering and dumping areas set aside for exclusive use by inhabitants for

35. (1) No person is permitted to throw litter on any land, water residential, grazing, environmental conservation or surface, street, road or any site except in a container provided for that cultivation purposes; purpose or at a place specifically designed for that purpose. “provincial administrator” means the provincial administrator (2) Any person who throws litter in undesignated site shall for the province within which the communal and have committed an offence and liable to a fine not exceeding level 2 resettlement land concerned falls; or imprisonment not exceeding one month or both. “provincial AREX officer” means the provincial AREX officer (3) No person or shop owner is allowed to dump waste in in the Ministry responsible for Agriculture in the province any place except in a designated place designed for that purpose. in which the communal land or resettlement land falls, 1410 1387 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 “environmental impact assessment” means an evaluation of (4) Any shop owner or person who dumps waste at a project to determine its impact on the environment, undesignated site shall have committed an offence and liable to a fine human health and community livelihoods whose specific not exceeding level 2 or imprisonment not exceeding one month or requirements are set out in terms of section 97 of the both. Environmental Management Act [Chapter 20:27]; (5) Public transporters shall have adequate waste receptacles “environmental impact assessment report” means a report in their vehicles. on an environmental impact assessment produced by (6) Any public transporter without bins or with inadequate the developer of a project in terms of section 97 of the bins shall have committed an offence and liable to a fine exceeding Environmental Management Act [Chapter 20:27]; level 2 or imprisonment not exceeding one month or both. “environmental impact assessment certificate” means (7) Sanitary lanes shall always be kept clean. a certificate issued by the Director-General of the Environmental Management Agency for a particular (8) Any shop owner with littered sanitary lanes shall have project in terms of section 97 of the Environmental committed an offence and liable a fine not exceeding level 3 or Management Act; imprisonment not exceeding three months or both. “environmental monitor” means any person appointed by the (9) No person shall leave/dump his or her vehicle wreckage council to monitor the environment on behalf of it; in an undesignated area for a period specified by the council. “environmental works” means any physical structures put in (10) Any person who dumps his or her vehicle wreckage in place to control erosion; an undesignated area shall have committed an offence and liable to a “fireguard” means a strip of land which has been cleared of fine not exceeding level 5 or imprisonment not exceeding six months inflammable matter; or both. “forest produce” means any part whether alive or dead of any (11) Council shall remove the vehicle wreckage and recover vegetation including wood, back, seed, fruits, Mopani such removal cost from the owner. worms; Hazardous substance/waste and toxic chemicals “grazing area” means the area set aside in a plan for the 36. (1) Local Authority shall designate suitable sites as waste grazing of livestock; collection sites within its jurisdiction for management of wastes based “hazardous waste” means any toxic materials ready for on a report assessing the anticipated impact of the environment as disposal e.g. computers, calculators; well as issues outlined in section 3 of the Environmental Management “highest flood plain” means the highest level which water (Hazardous Waste Management) Regulations, 2007, published in usually reaches in water body or river or stream after Statutory Instrument 10 of 2007. heavy rains; (2) No hazardous waste or substances shall be disposed of “impound” means confiscation of vessels; at any other place except in a licensed hazardous waste disposal site “invasive alien species” means, generally, exotic plants which or landfill. have become naturalised and threaten the existence (3) Any person who disposes hazardous waste or substances of indigenous species by penetrating and replacing in an undesignated site shall have committed an offence and liable indigenous vegetation, as specified in the Third Schedule to a fine not exceeding level 5 or imprisonment not exceeding six of the Environmental Management Act [Chapter 20:27]; months or both. 1386 1411 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 (4) Any generator of hazardous waste shall ensure that council IT is hereby notified that the Minister of Local Government, Public is notified of the activity liable to generate hazardous wastes upon Works and National Housing has, in terms of subsection (4) of section payment of a prescribed fee. 90 of the Rural District Councils Act [Chapter 29:13], approved the following by-laws made by the Masvingo Rural District Council:— (5) Any person who fails to notify the council shall have committed an offence and liable to a fine not exceeding level 3 or Title imprisonment not exceeding three months or both. 1. These by-laws may be cited as Masvingo Rural District Council (6) Hazardous wastes and waste oils shall be collected, stored, (Environmental and Natural Resources Conservation) By-laws, 2019. transported and treated separately from other waste. Application (7) Any person who fails to separately collect, store, transport and treat hazardous waste and waste oils shall have committed an 2. These by-laws shall apply to Masvingo Rural District Council offence and liable to a fine not exceeding level 5 or imprisonment area. not exceeding six months or both. Interpretation (8) The Local Authority shall keep records and registers of 3. In these by-laws— every waste collection and management enterprise operating within “agency” means the Environmental Management Agency; its jurisdiction. “council” means the Masvingo Rural District Council; Mineral panning and mining “council area” means the area for which the council has been

37. (1) No person shall be allowed to engage in any mineral established; panning activity in the Council area. “dump site” means an unregistered site where council dispose its general waste; (2) Any person who engages in mineral panning shall have committed an offence and liable to a fine not exceeding level 5 or “EMA” means the Environmental Management Agency; imprisonment not exceeding six months or both. “environment means— (3) Any mining activity in the council area shall be done (a) the natural and manmade resources, including in accordance with the provisions of the Mines and Minerals Act water, soil, minerals and living organisms, whether [Chapter 21:05]. indigenous or exotic and the interaction between (4) Council shall order any person who is mining or prospecting them; on grounds that are not open to pegging and prospecting to cease any (b) ecosystems, habitats, spatial surroundings or other operation. constituent parts, whether natural or modified (5) No person shall mine within 200m from the centre of a or constructed by people and communities; river or stream. “environment action plan” means an environmental action plan prepared by a Local Authority for the area under its (6) Any person who contravenes subsections (3) and (4) shall jurisdiction in terms of section 95 of the Environmental have committed an offence and liable to a fine not exceeding level 5 Management Act [Chapter 20:27]; or imprisonment not exceeding six months or both. “environment committee” means an environment committee of the council as appointed in terms of section 61 of the Rural District Councils Act [Chapter 29:13]; 1412 1385 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 S.I. 219 of 2019 Section Resettlement areas

38. (1) Any person who occupies land in a resettlement area

22. Protection of water resources. shall have either an offer letter, lease agreement or 99-year lease.

23. General provisions on protection of the environment and (2) Any person occupying resettlement areas shall register natural resources. with the Council.

24. Construction of conservation works. (3) Council shall order immediate removal of any person occupying land in resettlement areas without necessary documents

25. Fencing and conservation works. from Ministry of Lands, Agriculture, Water, Climate and Rural Resettlement.

26. Livestock management. Allocation of arable land

27. Wildlife management.

39. No village head shall allocate land without consulting the

28. Air pollution. headmen or chief and the land allocation committee.

29. Emission licences. Plant, pest and diseases

30. Solid and effluent waste management. 40. (1) Council shall order the destruction of cotton and tobacco stalks before the beginning of each new farming season in line with

31. Removal of waste. the requirements of Plant, Pest and Disease Control regulations.

32. Waste management, collection and disposal. (2) Any person who fails to comply with the provisions of the order shall have committed an offence and liable to a fine not

33. Responsibility of refuse. exceeding level 5 or imprisonment not exceeding six months or both.

34. Landfills. Appeal against decisions made by orders of council

35. Littering and dumping. 41. (1) Any person who is aggrieved by a decision of an order made by council shall make an appeal within 30 days from date of issue

36. Hazardous substances/waste and toxic chemicals. to the responsible Minister accompanied with the prescribed fee.

37. Mineral panning and mining. (2) Any person who is aggrieved by an order of the responsible Minister shall appeal to the Administrative Court within 30 days from

38. Resettlement areas. the date of determination by the Minister.

39. Allocation of arable land. Offences and penalties

40. Plant, pest and diseases. 42. Any person who is convicted of three or more offences may have his or her rights under the plan revoked by the council.

41. Appeals.

42. Offences and penalties. 1384 1413 Masvingo Rural District Council (Environmental and Natural Statutory Instrument 219 of 2019. Resources Conservation) By-laws, 2019 S.I. 219 of 2019 [CAP. 29:13 Masvingo Rural District Council (Environmental and Natural Resources Conservation) By-laws, 2019 ARRANGEMENT OF SECTIONS Section

1. Title.

2. Application.

3. Interpretation.

4. Preparation and adoption of a plan.

5. Contents of the plan.

6. Amendment of plan.

7. Environmental plans.

8. Environmental impact assessments.

9. Environmental rehabilitation works on abandonment of project.

10. Environmental works carried out by council.

11. Burning of vegetation.

12. Invasive alien species.

13. Protection of wetlands.

14. Environment committee and subcommittee.

15. Sleighs.

16. Cutting of trees.

17. Fruits and other forest produce.

18. Collection or removal of gravel, stones, river sand or pit sand.

19. Reclamation of gullies.

20. Brick making.

21. Commercial use of water resources. Supplement to the Zimbabwean Government Gazette dated the 18th October, 2019. Printed by the Government Printer, Harare. 1414 1383