Zambia’s New Environmental Impact Assessment Regulations

EnviroFuture Environmental Insight | July 2026

Zambia’s New Environmental Impact Assessment Regulations (Statutory Instrument No. 3 of 2026): What Developers and Investors Need to Know

Zambia has introduced a substantially revised framework for environmental and social impact assessment. The Environmental Management (Environmental Impact Assessment) Regulations, 2026, Statutory Instrument No. 3 of 2026, came into operation on 9 January 2026 and replaced the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations of 1997.

For developers, investors, lenders and businesses planning projects in Zambia, the new Regulations affect how projects are classified, assessed, approved, transferred and monitored. Understanding these requirements at the earliest stage of project development is essential for controlling regulatory risk, costs and approval timelines.

Aligning the EIA system with Zambia’s current environmental law

The previous EIA Regulations were issued under the Environmental Protection and Pollution Control Act of 1990. Although Zambia subsequently enacted the Environmental Management Act No. 12 of 2011, the 1997 Regulations continued to govern the environmental assessment process for many years.

The 2026 Regulations now place the EIA process firmly within the framework of the Environmental Management Act. This provides a clearer and more coherent legal foundation for environmental approvals and strengthens the role of the Zambia Environmental Management Agency (ZEMA).

The new framework also expressly incorporates social considerations into environmental assessment. This is reflected in the terminology used for the principal assessment instruments: the Environmental and Social Impact Statement and the Environmental and Social Project Brief.

A five-class project categorisation system

One of the most important changes is the introduction of five project classes, Class I to Class V.

Projects are classified according to factors such as:

· Project type and sector;

· Scale and production capacity;

· Location and environmental sensitivity;

· Land requirements;

· Nature and magnitude of anticipated impacts; and

· Potential social and community effects.

Classes I to IV generally require the preparation of an Environmental and Social Impact Statement (ESIS), while Class V projects require an Environmental and Social Project Brief (ESPB).

Class I includes projects with the greatest potential for significant environmental and social impacts, such as major mining developments, large dams, nuclear power facilities and very large industrial developments. Class V generally covers projects expected to have more limited and manageable impacts, including certain small-scale quarrying activities, filling stations and solar energy projects below specified capacity thresholds.

However, classification should not be based on project size alone. A relatively small project located in or near a sensitive ecosystem, protected area, important water resource, settlement or culturally significant site may require a more detailed assessment than its capacity would otherwise suggest.

Correct project classification must therefore be established before the developer commits to a study scope, budget or implementation programme.

Greater procedural clarity and defined review periods

The 2026 Regulations establish clearer procedural stages and review periods for ZEMA and other relevant authorities.

Among the specified periods, ZEMA is required to:

· Review submitted Terms of Reference within five days;

· Transmit a completed ESIS to appropriate authorities within seven days; and

· Make a decision within 35 days, or within 45 days where a public hearing is required.

These timelines are intended to improve predictability in the environmental approval process. In practice, however, the quality and completeness of the submitted documents remain critical. Requests for supplementary information, corrections or additional studies can affect the overall programme.

Developers should therefore ensure that baseline studies, stakeholder engagement, alternatives analysis, impact assessment and mitigation measures are adequately addressed before submission.

Environmental approvals do not remain open indefinitely

A ZEMA Decision Letter may lapse where land preparation and construction have not commenced within three years from the date of approval.

This provision is particularly important for projects that experience delays in financing, land acquisition, engineering design, licensing, power-purchase negotiations or other regulatory approvals.

Where implementation will not commence within the prescribed period, the developer should apply for an extension before the approval expires. ZEMA may determine that:

· The existing approval may be extended;

· Supplementary environmental and social information is required; or

· A new environmental and social assessment must be undertaken.

Project owners should maintain a regulatory compliance calendar showing the approval date, commencement deadline, reporting obligations and applicable conditions.

Importantly, the three-year provision concerns commencement of project implementation. It should not automatically be interpreted as meaning that every Decision Letter expires three years after issuance where the approved project has already commenced.

Decision Letters may now be transferred

The Regulations introduce a formal procedure for transferring a Decision Letter from one entity to another.

This is relevant where:

· An approved project is sold;

· Ownership of the project company changes;

· Project assets are transferred during restructuring;

· A lender takes control of a project; or

· Development rights are assigned to another entity.

A project acquisition does not automatically transfer the environmental approval. The prescribed process must be followed, and ZEMA’s approval obtained.

The transferor and transferee may share responsibility for obligations arising before the effective date of transfer. After the approved transfer, responsibility for future compliance ordinarily passes to the transferee.

Environmental due diligence should therefore be an integral part of mergers, acquisitions and project-finance transactions. Parties should examine the Decision Letter, approved ESIS or ESPB, compliance reports, environmental liabilities and outstanding conditions before completing the transaction.

Stronger consequences for non-compliance

The 2026 Regulations significantly strengthen the enforcement framework. Offences may attract fines of up to 300,000 penalty units, imprisonment for up to three years, or both.

At the penalty-unit value introduced in 2024, 300,000 penalty units would be equivalent to ZMW120,000. This monetary equivalent may change if the statutory value of a penalty unit is revised.

ZEMA may also suspend or cancel a Decision Letter where a developer breaches approval conditions or applicable environmental requirements. For project owners and financiers, the consequences of non-compliance may therefore extend beyond a financial penalty to include delays, operational disruption, reputational damage and loss of the environmental approval itself.

Treatment of applications submitted under the previous Regulations

Applications initiated under the 1997 Regulations are preserved through the transitional provisions and may continue to be processed under the new framework.

Developers with ongoing applications should nevertheless confirm whether ZEMA requires any changes to the format, terminology, classification or supporting documentation. This is particularly important where studies were prepared over an extended period or the project design has materially changed since the original submission.

What project developers should do now

EnviroFuture recommends that developers and investors take the following immediate actions:

1. Confirm the project classification. Review the schedules carefully and determine whether an ESIS or ESPB is required.

2. Screen the project location. Identify protected areas, forests, wetlands, watercourses, settlements, cultural heritage sites and other sensitive receptors.

3. Integrate environmental and social requirements into project planning. The assessment process should begin alongside feasibility studies, land acquisition and engineering design, not after these decisions have already been finalised.

4. Review existing Decision Letters. Confirm the approval date, commencement status, conditions, reporting requirements and need for extension or transfer.

5. Assess changes to the approved project. Alterations in capacity, technology, footprint, transmission routes, access roads or associated facilities may require notification, supplementary assessment or fresh approval.

6. Maintain evidence of compliance. Developers should retain stakeholder-engagement records, monitoring results, permits, reports, correspondence and evidence showing when implementation commenced.

EnviroFuture’s perspective

The 2026 Regulations represent an important modernisation of Zambia’s environmental assessment system. The tiered classification structure provides greater direction, while the inclusion of social considerations more accurately reflects the risks that contemporary projects must manage.

The benefits of the revised framework will, however, depend on early planning and technically sound implementation. Project classification, study design, stakeholder engagement and regulatory sequencing should be addressed before major financial and engineering commitments are made.

EnviroFuture Consultancy Services Limited supports developers, investors and financial institutions with project screening, regulatory classification, environmental and social due diligence, ESPBs, ESISs, stakeholder engagement, resettlement planning, biodiversity assessment and post-approval compliance.

For assistance with a proposed or existing project, contact EnviroFuture Consultancy Services Limited through www.envirofutureconsultancy.com.

This article provides general professional information and should not be treated as project-specific legal advice. Requirements should be confirmed against the applicable legislation and in consultation with ZEMA.

Legal reference: Environmental Management (Environmental Impact Assessment) Regulations, 2026, Statutory Instrument No. 3 of 2026