In May, 2013, Zambia Environmental Management Agency (ZEMA) issued an Environmental Protection Order pursuant to Section 104 of the Environmental Management Act (EMA) No. 12 of 2011 to First Quantum Minerals (FQM) who are the proponents of Kalumbila Minerals Limited in order to stop the illegal action by Kalumbila to construct the Chisola dam. Kalumbila Minerals Limited had commenced construction of the Chisola dam without the necessary approvals from the Zambia Environmental Management Agency as required by law.
Kalumbila Minerals Limited obtained 50,000ha of land for their project from Chief Musele in Solwezi District and submitted an Environmental Impact Assessment (EIA) report for the mine which was approved in 2011.
Following approval of the mine, Kalumbila applied to ZEMA for approvals for additional components to their project which included the Chisola dam. However, concerns were raised regarding authorization of such vast amount of land and compensation and resettlement issues of the people in the chiefdom that would be affected by the Kalumbila projects. For this reason, ZEMA suspended the process of decision making of the proposed Chisola dam and associated projects so that the raised concerns can be addressed.
In response to these concerns, an inter-ministerial task force to investigate the allegations was set up. The task force is headed by the Ministry of Chiefs and Traditional Affairs and includes representatives from the Ministries of Lands, Natural Resources and Environmental Protection and Local Government and Housing. This committee, using technical officials in their respective ministerial departments carried out preliminary investigations and found that Kalumbila Minerals Limited had in fact obtained the 50,000ha surface rights irregularly as no Presidential consent had been given as required by law.
The Task force directed that no further approvals were to be issued on Kalumbila projects by any government wing until the surface rights issues were resolved. Consequently ZEMA has been unable to make approvals on any of Kalumbila’s additional projects including the Chisola dam.
As a regulatory agency, ZEMA remains committed to not only complying with legislation and regulations, but also abiding by government processes that contribute to ensuring compliance to these regulations. The resolution of the surface rights area by government will form the basis of the ZEMA’s decision making process as regards Chisola Dam.
In line with the above, ZEMA will remain committed to preventing and controlling pollution in order to safeguard human health and the environment.
Issued by:
Irene Lungu-Chipili
Principal Information and Communication Officer
20th June, 2013
There is no rivers water in Kalumbila.
ZEMA has been spot on many issues, yes the wheels may turn slower but that’s the nature of these organisations ever heard of the US Environmental Protection Agency, ZEMA is at least much more responsive than EPA and I doubt if FQM would question them if they had a mine in the USA. These organisations are there to protect our interests just because FQM is a western company it does not necessary mean that they always do everything by the book.
In the west such issues take even 10 years to get approval where on earth can a mere chief sign off 50,000 ha of his subject’s land just like that, only god knows what treasures may lie underneath that land…. in short FQM is asking GRZ to cut corners just for them.
Its time that these mines released that environmental laws and regulations are not mere suggestions which you can choose to ignore. Well done ZEMA for being professional and standing your ground. Please don’t lift the protection order even if FQM pretend to say that it will result in job loses. They should not have employed people and started the dam in the first place without first getting approval.
Don’t blame FQM but ZEMA, the interministerial team & the Zambian psyche. Why should a company keep workers for doing nothing? I remember how RB in the midst of 2011 campaign period went to commission the Kalumbila project without full ZEMA approval effectively giving FQM a go ahead. The PF govt discovered anomalies in land issues over a year ago and promised to fix the anomaly. 18 months later FQM is being told to keep 500 workers on payroll for doing nothing because ZEMA and the interministerial team cannot sort out a legal glitch carried over from MMD! ZEMA and some tin pot environmentalists who would like to see Zambia/Africa in perpetual poverty and forever asking for alms from Europe have tendency to frustrate well intended projects that would employ many people. Former CEEC…
Former CEEC chairman Jacob Sikazwe’s Legacy Holdings wanted to build a hotel in Mosi o tunya park and hell broke loose for him, yet Sun hotels has hotels built in the park(or at least very near the park! Another of his projects in Lusaka/Boabab was sabotaged by our own people. Zambezi resources has been blocked from starting up a copper mine in Feira/Luangwa which locals desperately want for jobs! Kruger park in SA has hotels and North Mara in Tanzania has a uranium mine! And now a dam for company that wants not only to develop a mine but an entirely new town has become an issue! Let’s learn from China’s determination over the 5 gorges dam, development prevailed despite massive outside pressure. FQM is not citing external factors such as the copper price over which we have no control but…
FQM is not citing external factors such as the copper price over which we have no control but our own laws and community based issues which a fully within our grasp. Do we really know what we want? This makes me think Zambians enjoy poverty and begging for alms from the West.