editorial
The Environmental Management Agency (EMA) plays an important role in regulating hazardous substances in Zimbabwe. In particular, the Agency regulates the generation, disposal, recycling, storage, transportation, transit, sell or use of the hazardous substances.
What are hazardous substances
A hazardous substance is any substance whether liquid, gaseous or solid which is either a “health” or “physical” hazard and can be carcinogenic, toxic, an irritant, corrosive, sensitive, combustible, explosive, flammable, oxidisers, pyrophoric, unstable-reactive or water-reactive. Some can damage the lungs, skin, eyes, or mucous membranes.
Hazardous substances controlled by EMA are generally those that have mass-disaster potential, are highly toxic and pollute and/or generate toxic wastes that can only be disposed of with greater difficulty and needs due care. Some common examples are petrol, diesel, mercury, cyanide, liquid petroleum gas (LPG), pesticides and herbicides.
International environmental laws on hazardous substances
The environmentally sound management of hazardous substances and wastes throughout their life cycle, is aided by agreed international frameworks or multilateral environmental agreements (MEAs). These include the Basel Convention on the control of transboundary movement of hazardous wastes and their disposal, the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, the Stockholm Convention on persistent organic pollutants (POPs), the Minamata Convention on Mercury as well as the Bamako Convention on the importation into and the control of transboundary movement and management of hazardous waste within Africa.
Zimbabwe is a signatory to all these conventions and adhering to their provisions is vital for significantly reducing the release of hazardous substances into air, water and soil; in order to minimise their adverse impacts on human health and the environment. Provisions of these conventions are infused into local laws listed below.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
Domestic laws on hazardous substances
From 2011 to 2017, hazardous substances were governed by the Environmental Management Act (CAP 20:27) as well as the following pieces of legislation:
lStatutory Instrument 12 of 2007, Environmental Management (Hazardous Substance, Pesticides and other Toxic Substances) Regulations.
lStatutory Instrument 77 of 2007, Environmental Management (Importation and Transit of Hazardous Substances and Waste) regulations.
lStatutory Instrument 10 of 2007; Environmental Management (Hazardous Waste Management) regulations.
lStatutory Instrument 99 of 2008; Environmental Management (Hazardous Substance, Pesticides and other Toxic Substances) regulations.
lStatutory Instrument 5 of 2011, Environmental and Natural Resources Management (Hazardous Substance, Pesticides and other Toxic Substances) Amendment.
New law on hazardous substances
In 2018, however, a new Statutory Instrument was enacted; SI 268 Environmental Management (Control of Hazardous Substances) (General) Regulations, 2018 which repealed all the other instruments.
What necessitated the repeals?
The repeals were a result of the need to strengthen the agency’s capacity to monitor the manufacture and/or handling of hazardous chemicals, especially sodium cyanide and mercury, since their mismanagement had escalated especially in the mining sector. In addition, operational gaps identified over the years had led to amendments of Statutory Instrument 12 of 2007 and the subsequent gazetting of additional four Statutory Instruments listed above. There was therefore need to harmonise the statutory instruments into one piece for ease of reference and administration.
What are the major changes in the new law?
Labelling: It has been done in accordance with the Globally Harmonised System which provides for consistency with other countries in the region utilizing the same system.
Monitoring of sodium cyanide and mercury: Prior consent before the manufacture or importation of sodium cyanide and mercury and their derivatives is a new requirement. This allows the agency to control the quantities available for trade within the country at any given time.
Submission of returns for sodium cyanide and mercury sale/use: Close monitoring of the movement of these chemicals throughout the value chain in order to minimise leakages and abuse is provided for. Dealers must only trade with other registered dealers with traceable contact details.
Issuance and validity of licenses: Under the new law, licences are valid for one complete year instead of a calendar year (January-December). In other words, if one is issued with a licence on October 20, 2019, it will expire on October 19, 2020, thus giving licence holders full value for their license fees.
lSend your feedback to: [email protected]/[email protected]. Follow us on Facebook: Environmental Management Agency and Twitter: @EMAeep or visit our website: www.ema.co.zw. Alternatively, call us on: Tel 086 77006244 and Toll-free 08080028; or use our WhatsApp platform 0779 565 707. We are ready to listen.
