Local Development Plan No. 36
- The Water Act [Chapter 20:24]
- Public Health Act [Chapter 15:09]
- National Museums and Monuments Act [Chapter 25:11]
- Factories and Works Act [Chapter 283 of 1996]
- Electricity Act [Chapter 13:05]
- Equator Principles
- World Bank Pollution Prevention and Abatement Handbook
- Social Scan
- Objectives of the Public Consultation
- Population of the Study Area
- Social Setting
- Land Use
In line with the provisions of the Regional, Town, and Country Planning Act as well as the Operative Harare Combination Master Plan, the aim of the Local Development Plan is: To examine the nature of the land uses and attendant human/economic activities in the area vis a vis statutory planning frameworks governing the area (the Rural South Western Section and the Harare Combination Master Plan) with the following objectives in mind:
i. To identify potentials and constraints for future growth and expansion
ii. To assess the suitability of the area for future growth in terms of infrastructure, terrain, characteristics and zoning status
iii. To make appropriate policy recommendations that will guide development in the area for the next five to ten years
The Water Act [Chapter 20:24]
The Water Act [Chapter 20:24] that repealed the previous one of 1976 [Chapter 20:22], became effective in January 2000. There are parts that are mainly concerned with the protection of the environment and hence are relevant to the operation of the smelting plant project. Part IV of the Act is concerned with the control of water pollution and the protection of the environment. In Sections 67-71 of the Act, provision is made for ensuring that water resources management is consistent with the broader national environmental approaches. The discharge of effluent or waste water into any water body is regulated by permits, which are issued with conditions in accordance to prescribed standards, and for which fees and fines are payable. The discharge of effluent or wastewater into water bodies is regulated by permits to which conditions will be attached, subject to prescribed standards, and for which fees are payable. These standards are set in SI 274 of 2000, Water (Waste and Effluent Disposal) Regulations. The classification is based on the quality of the effluent and environmental risk as submitted by the applicant and assessed by the programmable control unit (PCU). The waste disposal route can be classified as Blue, Green, Yellow, or Red according to guideline decision tables, and fees are calculated on the basis of this classification. Red is the worst scenario and blue is the most desirable scenario. For effluent in the blue classification, the water quality of the receiving body is taken into consideration. Receiving water can be classified as “normal” or “sensitive”. The different color codes (see Table 6.1) have different charges such as a monitoring charge, an environmental charge, and a penalty charge.
If the permit holder does not submit information on effluent quality and quantity then the fees will be based on the previous quarter’s data plus 25% or the inspector’s estimate, whichever is higher.
Public Health Act [Chapter 15:09]
The Public Health Act makes provision for public health. In environmental terms, it prohibits or regulates activities that are likely to pollute streams, which in turn
Reasons for Classification
Complies with blue standards
Meets green standards not blue
Meets yellow standards but green not met
Meets red standards but yellow not met
Source: SI 274 of 2000, Water (Waste and Effluent Disposal)
become a nuisance or danger to public health. Part IV of the Act defines a nuisance as premises that promote the spread of infectious diseases, pools of water that may serve as breeding places for mosquitoes, polluted domestic water, and accumulation of refuse. The provisions of the Public Health Act must therefore be complied with throughout the operation of the smelting plant.
National Museums and Monuments Act [Chapter 25:11]
The Act protects all areas of historical, architectural, archaeological, and paleontological value. Such sites cannot be altered, excavated, or damaged and material on them cannot be removed without the consent of the Executive Director of the National Museums and Monuments of Zimbabwe (NMMZ).
Factories and Works Act [Chapter 283 of 1996]
The Act deals with registration and control of factories. No premises should be used as a factory unless registered. All incidents should be recorded and the relevant inspectors informed. The Act also addresses precautions against accidents to building workers. This would be relevant during both the construction and operational phases of the project. The processing plant to be established will have a factory setting and thus must be in compliance with provisions of the Act.
Electricity Act [Chapter 13:05]
Part IV deals with the acquisition of land for power transmission and distribution, way leaves over land as well as tree and buildings interfering with transmission lines. The Act also deals with tariff, licensing, and accidents that are relevant to the residents and local authority alike. There might be need to erect small stretches of power lines and substations to supply the smelting plant.
The principles are a set of requirements that are employed by Equator Principles Financial Institutions (EPFI) in order to ensure that the projects they finance are developed in a manner that is socially responsible and reflects sound environmental management practices. The Equator Principles are a set of voluntary guidelines for managing environmental and social issues. By doing so, negative impacts on project-affected ecosystems and communities can be avoided where possible; if these impacts are unavoidable, they can be reduced, mitigated, and/or compensated for appropriately. These principles were adopted in June 2003 by ten international commercial banks and as of June 2006, 41 EPFIs have adopted these principles, representing approximately 80 percent of global project financial Institutions. As such, the smelting plant may comply with the 2006 Equator Principles:
i. Review and categorization
ii. Social and environmental assessment
iii. Applicable social and environmental standards
iv. Action plan and management system
v. Consultation and disclosure
vi. Grievance mechanism
vii. Independent review
ix. Independent monitoring and reporting
World Bank Pollution Prevention and Abatement Handbook
The Pollution Prevention and Abatement Handbook will also be used during the EIA process. It describes pollution prevention and abatement measures and emission levels. Alternatively, use of country legislation and conditions may be used to recommend alternative emission levels and approaches to pollution prevention and abatement for the project.
Most international financial institutions and banks have introduced guidelines that compel project proponents to undertake an EIA. These guidelines are usually based on the World Bank Guidelines for Environmental Assessment (World Bank Operational Directive 4.01 - January 1999). Because these guidelines are considered to be the international benchmark for environmental assessment, an EIA complying with the World Bank Guidelines will satisfy most financial institutions. The World Bank EIA Guidelines call for screening of proposed projects to determine the type and extent of assessment required. A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. Category A projects require a full EIA to examine the project’s potential negative and positive environmental impacts and recommend measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or the environment are localized and less adverse than those of Category A. Projects in category B do not require a full EIA but require environmental analysis. A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further action is required for a Category
C project. With respect to the foregoing, according to the World Bank guidelines, this infrastructure project is a Category A project and requires a full EIA and EMP.
In conducting an EIA, public involvement is essential to the process so that stakeholders’ concerns are addressed. It is now generally agreed that if a development is in conflict with significant sections of the local community, this results in difficulties with regulators, generates negative publicity, and makes it more difficult to have a project approved. It is against this background that a social scan has been conducted for the smelting operation to be undertaken.
Objectives of the Public Consultation
The overarching aim of the social impact assessment is to determine whether it is socially feasible to establish the smelting operation in this location. To that end, a public consultation exercise is carried out to: evaluate socioeconomic impacts that will arise from the smelting activity and to devise ways of mitigating or enhancing them; and gain acceptance of the project by all stakeholders in order to ensure its success. This will be achieved by incorporating the concerns of the stakeholders into the project planning phase and ensuring that they are addressed.
Population of the Study Area
The Willowvale industrial area is made up of processing and manufacturing industries that offers various products and services. It is situated in the southwestern section of Harare and hosts a workforce of about 200 000 people on average. So, although it is not in the center of Harare, it is, in its own right, a robust commercial area of the city.
Willowvale is flanked by high-density suburbs, such as Glen View, Budiriro, Kambuzuma, Highfield, and Southerton. Most of the people who are employed in the Willowvale area reside in the aforementioned suburbs.
Most of Willowvale is made up of industrial sites, such as manufacturers of textiles, steel, and different components. Every site has its own offices and a few infrastructures. However, most of the industries are heavily equipped with heavy machinery that is mounted into the ground or constructed on concrete slabs. In some of the industrial yards, vehicles are serviced and some of the industrial buildings are used as warehouses. There are small business units that also operate in the area, offering various services.