Nicole – Nkalonga Investments Company Limited of Serenje District has been convicted by the Serenje Magistrate Court for contravening the Environmental Management Act No. 12 of 2011 (EMA). These offences were committed between 1st January, 2014 and 26th February, 2018 at Serenje in the Serenje District of the Central Province of the Republic of Zambia.
The matter came up before Hon. Nyirenda in the Serenje Magistrates Court on 15th November, 2018. The Accused stood charged with eight counts for contravening the Environmental Management Act No.12 of 2011 of the Laws of Zambia (“EMA”) and the Environmental Impact Regulations Statutory Instrument No. 28 of 1997 (“the Regulations”). In the first, second, third and fourth counts, Nicole-Nkalonga Investments Company Limited stood charged with the offence of failure to prepare and submit an Environmental Impact Assessment (EIA) Report for farming activities at Farm No. LN-25406/4, Farm No. LN-25406/5, Farm No. LN-25406/6, Farm No. LN-25406/7 respectively, contrary to the provisions of Section 117 Paragraph (b) of the EMA.
With regard to the fifth, sixth, seventh and eight counts, the charges related to commencing large-scale agricultural activities at the said farms without approval. The commencement of large scale farming activities without approval was contrary to the provisions of Regulation 3 as read together with Regulation 34(1) (b) of the Regulations aforesaid.
The Court read out all the charges to the Accused who after confirming that they understood the charges pleaded guilty to all the eight counts.
In passing its sentence, the Court sentenced Nicole – Nkalonga Investments Company Limited to a cumulative fine of K140 000.00 payable within 30 days.
ZEMA wishes to reiterate that, it is a requirement of the law for all development projects to undergo Environmental Impact Assessments and later on adhere to the conditions of approval and to ensure that developments are undertaken in accordance with environmental laws as prescribed.
Issued by: Mercy Zulu
Acting Manager – Corporate Affairs
Zambia Environmental Management Agency
Phone: +260 211 254 023/59/ +260 979-759844