PUBLIC HEALTH ACT

The relevant aspects of this act are those dealing with sanitation and housing at the site and those temporary structures which will be applicable when accommodating workers during the construction of the residential stands. The Act prohibits creation of nuisance, and the relevant definitions of nuisance given are:

i. Any dwelling or premises which is of such construction or in such a state or so dirty or so verminous as to be injurious or pose a danger of infectious disease

ii. Any sanitary convenience that is foul or in such a state or situated or constructed as to be offensive or to be injurious or dangerous to health; or any collection of water which may serve as a breeding pool for mosquitoes

iii. Any well or other source of water supply, whether public or private ... the water of which is used or likely to be used by man ... which is polluted or otherwise liable to render any such water injurious or dangerous to health

iv. Any accumulation or deposit or refuse or other matter whatsoever which is offensive or which is injurious or dangerous to health

v. Any dwelling which is so overcrowded as to be injurious or dangerous to the health of the residents

During the construction of the infrastructure, contractors will need to be made aware of the need to abide by this legislation when providing accommodation for the labor force so that they will meet the requirements of this Act. Of particular concern is the provision of w'aste and sew'age-handling facilities to match the population anticipated.

EXPLOSIVES ACT (10.08)

Regulations provided under this Act describe the blasting and safety procedures that are required by law to be observed during the use of explosives. A blasting schedule has to be submitted to the Inspector of Mines, and regulations require that this schedule be displayed publicly.

The Inspector of Mines shall describe the method of blasting in cases where this activity is potentially dangerous to people, buildings, and roads. Before blasting, a warning siren is required to be sounded. This Act is pertinent to those sections where blasting may be required. However, no blasting is anticipated in the current infrastructure.

FORESTRY ACT

According to Section 38: Reservation of trees or forest produce of the Forestry Act: The Minister may, in respect of any state forest, by statutory instrument, declare any species of tree or any forest produce to be especially reserved and may in like manner revoke, or amend, any such declaration.

Section 39: Protection of forest or trees from cutting stipulates:

Whenever, in respect of any land not being a state forest, the President deems it expedient in the public interest that any tree or the whole or any part of a forest or plantation shall be protected, the President may, by proclamation, declare such tree or such forest part of a forest or plantation to be protected.

The owner of any forest, plantation, or tree of which the President has exercised his power under Subsection (91) shall be entitled to compensation for any loss resulting herefrom in such as may be mutually agreed upon or, failing agreement, as may be determined by arbitration.

Minimum clearance of trees shall be done at implementation and the developer shall ensure that no wood is transported without permission from the Forestry Commission in Zimbabwe.

PNEUMOCONIOSIS ACT [CAP 15:09]

This Act provides for the control and administration of persons in occupations where dust inhalation is an issue. A medical bureau must be established under this Act to inter alia perform medical assessment and record incidences of pneumoconiosis. Workers are issued certificates that certify fitness to work in dust conditions.

Site workers shall be provided with protective clothing to avoid inhaling dust.

ATMOSPHERIC POLLUTION ACT (1971)

Under the Act, uncontrolled production and disposal of artificial waste are prohibited. The Act provides for the prevention and control of air pollution by noxious or offensive gases, dust, smoke, and internal combustion fumes. Although this act was repealed, the ground shall still be dampened at the implementation stage to avoid dust. Construction workers will wear protective clothing to avoid infection.

HAZARDOUS SUBSTANCES AND ARTICLES CONTROL ACT (1971)

This Act regulates dumping of industrial poisons, pesticides, and other dangerous substances and waste, including radioactive materials. Although this act was repealed, the developer will ensure that no hazardous substances are dumped in the infrastructure area or at any site not suitable for hazardous waste.

WATER ACT 20:24 (1998)

Part IV of the Water Act makes provision for the control of water pollution and protection of water resources. In Sections 67 to 71 of the Act, provision is made ensuring that water resources management is consistent with broader National Plan CAP 20:27 SI No 2007. The maximum permissible concentration of chemical constituents permissible in water which is discharged or disposed of in a Zone 1 or Zone 2 catchment shall be specified as shown in Table 2.1.

TABLE 2.1

Maximum Permissible Concentration of Selected

Chemicals in mg/L

Chemical constituent

Zone 1 *

Zone 2**

Cadmium (Cd)

0.01

0.01

Chromium (Cr)

0.05

0.05

Cyanide and other related compounds

0.2

0.2

Mercury (Hg)

0.5

0.5

Nickel (Ni)

0.3

0.3

Zinc (Zn)

0.3

0.3

Iron (Fe)

0.3

0.3

Total heavy metals

1.0

2.0

* Zone 1: Catchment areas in Zimbabwe’s Agro-ecological Region I

“ Zone 2: Catchment areas in Zimbabwe’s Agro-ecological Region II—IV

In addition, the water should not contain any detectable quantities of pesticides, herbicides, or insecticide or any other substance not referred to elsewhere in these standards in concentrations that are poisonous or injurious to human, animal and vegetable, or aquatic life.

In line with this legislation, the developer will have to apply for a permit from the Zimbabwe National Water Authority (ZINWA) prior to establishing supplementary water sources such as boreholes. Owners of individual stands will also need to apply for a permit from ZINWA to sink a borehole at their premises.

LABOR ACT [CHAPTER 28.01]

This Act declares and defines the fundamental rights of employees, in adherence to the international obligations of the Republic of Zimbabwe as a member state of the International Labour Organization and as a member of or party to any other international organization or agreement governing conditions of employment which Zimbabwe would have ratified; to define unfair labor practices; to regulate conditions of employment and other related matters; to provide for the control of wages and salaries; to provide for the appointment and functions of workers committees; to provide for the formation, registration, and functions of trade unions, employers organizations and employment councils; to regulate the negotiation, scope and enforcement of collective bargaining agreements; to provide for the establishment and functions of the Labour Court; to provide for the prevention of trade disputes, and unfair labor practices; to regulate and control collective action; to regulate and control employment agencies; and to provide for matters connected with or incidental to the foregoing.

NSSA (ACCIDENT PREVENTION) (WORKERS COMPENSATION SCHEME) NOTICE NO. 68 OF 1990

The National Social Security Authority (NSSA) Act covers occupational health and safety. Workers should work in a healthy and safe environment with protective clothing.

Construction environments have many hazards from which the workers should be protected. The construction workers shall be provided with protective clothing.

LOCAL AUTHORITY ACT (CAP 265)

Section 160 helps local authorities ensure effective utilization of the sewage systems. Section 170, allows the right of access to private property at all times by local authorities, their officers, and servants for purposes of inspection, maintenance, and alteration or repairs of sewers. The Act under Section 176 gives powers to local authorities to regulate sewage and drainage, fix charges for use of sewers and drains, and require connecting premises to meet the related costs. According to Section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility.

Section 264 also requires that all charges due for sewage, sanitary, and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the “polluter-pays-principle”.

LAND PLANNING ACT (CAP 303)

Section 9 of the subsidiary legislation (Development and Use of Land Regulations, 1961) under this Act requires that before the local authorities submit any plans to then Minister for approval, steps should be taken as may be necessary to give notice to the owners of any land affected by such plans. Public consultation was done in relation to the proposed development at the planning stage

REGISTRATION OF TITLES ACT (CAP 281)

Section 34 of this Act states that when land is intended to be transferred or any right of way or other easement is intended to be created or transferred, the registered proprietor or, if the proprietor is of unsound mind, the guardian or other person appointed by the court to act on his/her behalf in the matter, shall execute, in original only, a transfer in form F in the First Schedule, which transfer shall, for description of the land intended be dealt with, refer to the grant or certificate of title of the land, or shall give such description as may be sufficient to identify it, and shall contain an accurate statement of the land and easement, or the easement intended to be transferred or created, and a memorandum of all leases, charges, and other encumbrances to which the land may be subject, and of all rights-of-way, easements, and privileges intended to be conveyed.

 
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