Companies in Zambia are required to register with the Patents and Companies Registration Agency. This Agency administers relevant matters on the basis of the Companies Act, which provides for the incorporation, management, administration and winding up of companies, including registration of their names. The Act also provides for the registration of foreign companies conducting business in Zambia.
There are no local ownership requirements for businesses registered in Zambia. However, as per section 208 of the Act, more than half of the directors of a company must be resident in the country.
Securing land is an important step of the project development process. There are two categories of land in Zambia:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | Ministry of Lands, Natural Resources and Environmental Protection, District Councils or Customary Chiefs |
Issuing Authority: | |
Required/Supporting Documentation: | |
These approvals should be submitted to the relevant District Council, which in turn will submit the documents to the Commissioner of Lands. The Commissioner will then make a formal offer to the applicant. The letter of offer will stipulate, among other conditions:
Acquisitions of designated state land require consent of the relevant District Council. Applications for land which does not fall within the jurisdiction of any council can be made directly to the Commissioner of Lands. The Commissioner will make a formal offer to the applicant, which will contain conditions similar to offers for land situated in a customary area.
Privately-held land can be bought and sold, with title deed transfer issued by the Commissioner of Lands. In all instances the vendor must obtain state consent before the title deed can pass to the purchaser. If consent is not granted within 45 days of filing, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days. Ten percent of the value of land is paid to the Zambia Revenue Authority by the vendor as property transfer tax. Such land is under leasehold tenure with a maximum lease of 99 years from the state.
A non-Zambian can acquire state land in the following cases:
In the case of a registered company with no less than 75% Zambian shareholding, the title deed will be issued in the name of the registered company.
Before land can be bought or sold, state consent must be obtained from the Commissioner of Lands. If consent is not granted within 45 days of filing the application, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days.
If a proposed development site is located within a Game
Management Area (GMA) or a National Park, the developer must submit an
application to the Director of National Parks & Wildlife requesting
clearance.
Prior to clearance, the Department of National Parks & Wildlife performs a
site inspection. The clearance may contain conditions for land use on the basis
of the general management plan applicable for the National Parks and GMAs. The
developer must comply with these conditions.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | Approximately 2 weeks |
Competent Authority: | Department of National Parks & Wildlife |
Issuing Authority: | |
Required/Supporting Documentation: | |
Letter of consent from the local Chief if the project site is within a GMA (customary land), but not required if within a National Park (state land) |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Annual fee calculated at ZMW 0.25 per square meter of the concession area (or as negotiated with the Commission) |
Duration: | |
Competent Authority: | National Heritage Conservation Commission |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None (except costs for the on-site inspection, if such inspection is performed, and which are borne by ZEMA through statutory fees that the developer pays) |
Duration: | Approximately five (5) working days (longer if on-site inspection is required) |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
If ZEMA's decision requires environmental
assessment through an EPB, the process is as
follows:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | 12,999.90 ZMW |
Duration: | 40 days from submission of final report |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB Template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB Template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
The developer must submit six (6) hard copies and one (1) soft copy of the final EPB to ZEMA, who forwards the EPB to the authorizing agency(ies) relevant to the project within seven (7) days of receiving the EPB. ZEMA also conducts a physical site verification inspection.
The authorizing agency(ies) have 30 days to review the EPB and notify ZEMA of any comments. If no comments are received from the authorizing agency(ies) within 30 days, the EPB is considered complete.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | See Table in text above |
Duration: | 65 working days from date of submission of final EIS if no public hearing takes place. |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer prepares a draft scoping report to determine the scope of work for assessing the environmental impact of the project.
Next, the developer carries out a public consultation, involving governmental agencies, local authorities, non-governmental and community-based organisations, and interested and affected parties, to review the draft scoping report.
Taking into account the comments from the public consultation, the developer prepares a final scoping report.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the Scoping Report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/#%20%20- |
Next, the developer drafts the terms of reference to prepare the EIS on the basis of the final scoping report.
The draft terms of reference and the scoping report are submitted to ZEMA for its review. ZEMA determines whether the terms are acceptable within five (5) days of their receipt. If unacceptable, the developer must prepare the final terms of reference with ZEMA's assistance.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the terms of reference: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
The EIS is prepared based on the approved terms of reference. Once drafted, the developer must take all measures necessary to seek the views of members of the communities that will be affected by the project. The developer must publicise the proposed project and its effects and benefits in the mass media for a period not less than 15 days and at regular intervals throughout the EIS process.
After the 15-day period, the developer must hold meetings with the affected communities to present information on the project and to obtain their views.
Based on these findings, the EIS is concluded and submitted to ZEMA in twelve (12) hard copies and one (1) soft copy. ZEMA also conducts a physical site verification inspection.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the EIS report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Within seven (7) days of receipt of the EIS, ZEMA forwards a copy to the authorizing agencies for comments within 30 days.
ZEMA also distributes copies of the EIS to relevant ministries and the local government; places copies of the EIS in public buildings in the vicinity of the proposed project site; and places a notification in at least two (2) national newspapers three (3) times a week for two (2) consecutive weeks.
Any person wishing to comment on the draft EIS must submit comments to ZEMA within 20 days of the last notification issued.
Based on the results of the above steps, ZEMA determines whether it will issue a decision letter or hold a public hearing.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | WARMA headquarters or regional branches |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW (for generation capacity up to 10MW) OR 999.99 ZMW (from 10MW up to 250MW). Fee is to be paid once the application is found complete by WARMA. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | Application fee has been paid. |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW for generation capacity of up to 10 MW plus 999.99 ZMW per MW above 10 MW up to a maximun of 250 MW. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
After reviewing the application, the supporting documents and the recommendations of the technical committee, the WARMA Board makes a decision and notifies the applicant accordingly.
If the WARMA Board rejects the application, the developer can make an appeal to the Ministry of Water.
For approved applications, WARMA issues an invoice, and once the requisite fee (see below) is paid, the water permit is issued.
An annual fee is payable calculated as follows:
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Prerequisites / Conditionalities: | |
Cost: | See text above |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
An investment endorsement is optional for developers, but procuring one is likely to guarantee the issuance of a licence and secure the tariff as advised by the Energy Regulation Board in the investment endorsement process.
The following steps are necessary:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | 10 days (up to the issuing of draft investment endorsement). Final investment endorsement depends on the timing of Board decision. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer must submit an application for the investment endorsement according to the guidelines issued by the ERB.
Although developers of off-grids with a maximum installed capacity of up to and including 100 kW are exempt from the Tariff Regulation, they must apply tariffs which reasonably recover the costs of providing service to customers, including a reasonable profit, and must reduce their tariffs to reflect any one-off capital or recurrent subsidies.
The developers must submit the following information to the ERB every five years:
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Once submitted, ERB must assess the application before issuing the endorsement and allowing the developer to start construction of the project.
The following steps are required:
This assessment determines the tariff to use when selling the produced electricity to the respective consumers. The developer must attend interrogations with ERB to justify the proposed tariff that is included in the investment endorsement application, after which ERB advises the developer what project costs can be included in the determined tariff.
ERB’s assessment is based on the principles in the “Electricity Tariff Determination Guidelines for Retail Customers.” These guidelines mainly determine retail tariffs for customers of mini-grids connected to the main grid, but they provide valuable insight to the investors regarding customers' tariff setting.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Electricity Tariff Determination Guidelines for Retail Customers: https://tinyurl.com/y3ogxxxm |
Following completion of the technical, economical and legal assessment and agreement with the developer on a tariff based on the guidelines provided and ERB’s advice on the tariff, the steps below are followed:
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
After Board approval, ERB issues the final investment endorsement with the approved technical specifications of the project (not changeable without prior ERB approval), including the applicable tariff and tentative timeframe (based on the applicant's plan provided in the application).
Following issuance of the final investment endorsement, the developer must submit progress reports on the project to ERB every six months or as ERB determines necessary.
The investment endorsement is valid for one (1) year. Subject to its renewal, the developer must endeavor to complete the project within this 1-year timeframe.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for ERB Investment Endorsement |
For off-grid developers with installed
capacity above 100kW and up to and including 1MW, ERB's up-front tariff approval is
required. The following steps must be followed:
Proposed tariff structure and levels for different customer categories
Assumed costs that the proposed tariffs can recover
Forecast sales (in kWh) and customer numbers by category
Capital expenditures, including expected commissioning dates and subsidies
Operating and maintenance costs, including any forecast recurrent subsidies
Weighted average cost of capital applied in calculating the proposed tariffs
Asset lives by category applied in calculating the proposed tariffs
Assumed collection losses and network losses applied in calculating the proposed tariffs
Other information reasonably requested by ERB to assess the reasonableness of the proposed tariffs
ERB reviews the tariff proposal. If the submitted tariffs are reasonable, ERB publishes a statement for public consultation at least 130 business days prior to their effective date. After this consultation, ERB approves the tariff at least 15 business days prior to their effective date.
If ERB does not consider the proposed tariffs reasonable, it initiates a periodic tariff review that commences at least 100 business days prior to the upcoming regulatory period, during which ERB notifies stakeholders of the indicative timeline of the periodic review, including public consultations.
Before commencing operations of a mini-grid, a developer must request a Combined Licence for Generation, Transmission, Distribution, Supply of Electricity from the ERB.
The developer can only request the licence after completing the construction of the off-grid.
The following steps are required:
The developer must submit the combined licence application in triplicate form. ERB checks the application for completeness and requests any necessary actions to the developer.
ERB then carries out an on-site technical inspection of the developed project, advising the developer of any needed remedial actions. Next ERB undertakes a financial/economic assessment of the project based on vaibility of the business plan. If not economically justifiable, the developer is asked to undertake remedial actions. Once both technical and financial assessments are positive, the developer must pay a processing fee (calculated at 0.1% of the cost of the envisaged investment, with a minimum fee of 100,000 ZMW.)Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | ZWM 50.00 for acquiring the Application Form from ERB |
Duration: | 2 days |
Competent Authority: | ERB |
Issuing Authority: | |
Required/Supporting Documentation: | |
If the developer secured an investment endorsement, the documents below should be copies of the respective documents submitted in the course of the investment endorsement application. Any changes to the respective documents must be updated, as appropriate. This includes also changes in the project parameters (if any):
A complete feasibility study which encompasses at least the following:
|
ERB then carries out an on-site technical inspection of the developed project, advising the developer of any needed remedial actions.
Next ERB undertakes a financial/economic assessment of the project based on viability of the business plan. If not economically justifiable, the developer is asked to undertake remedial actions.
Once both technical and financial assessments are positive, the developer must pay a processing fee.
Key facts | |
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Prerequisites / Conditionalities: | Processing fee, calculated at 0.1% of the investment cost of the envisaged investment. Minimum fee: 100,000 ZMW |
Cost: | |
Duration: | 9 days (7 for financial/economic assessment and 2 for invoicing and payment) |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Subject to payment of the processing fee, ERB issues a provisional licence that is valid for six (6) months, which allows the developer to start the project.
In parallel, ERB submits the license application for publication in the Governmental Gazette for 30 days in order to allow the public to comment or object to the project.
If no objections are received, ERB proceeds with issuance of the licence. If there are public comments after ERB’s decision to issue the licence, the developer must address them.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | 2 days for the issuing of provisional licence. 30 days for advertisement of the licence application in GRZ. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
In order to obtain standard license, ERB must ensure that the developer meets all legal and regulatory requirements. If the application is rejected, the developer may appeal to Court.
If the developer meets all legal and regulatory requirements, ERB issues the standard licence, which is valid for 30 years. The developer is required to pay the corresponding licence fee.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | an annual fee over the license validity period, calculated at 0.7% of annual gross turnover. Each annual fee is paid in 12 monthly installments during the respective year |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Companies in Zambia are required to be registered with the Patents and Companies Registration Agency. The Agency administers the relevant matters on the basis of the Companies Act, which provides for the incorporation, management, administration and winding up of companies, including registration of their names. The Act also provides for the registration of foreign companies doing business in Zambia.
There are no local ownership requirements for businesses registered in Zambia. However, as per section 208 of the Act, more than half of the directors of a company must be resident in the country.
Securing land is an important step of the project development process. There are two categories of land in Zambia:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | Ministry of Lands, Natural Resources and Environmental Protection, District Councils or Customary Chiefs |
Issuing Authority: | |
Required/Supporting Documentation: | |
These approvals should be submitted to the relevant District Council, which in turn will submit the documents to the Commissioner of Lands. The Commissioner will then make a formal offer to the applicant. The letter of offer will stipulate, among other conditions:
Acquisitions of designated state land require consent of the relevant District Council. Applications for land which does not fall within the jurisdiction of any council can be made directly to the Commissioner of Lands. The Commissioner will make a formal offer to the applicant, which will contain conditions similar to offers for land situated in a customary area.
Privately-held land can be bought and sold, with title deed transfer issued by the Commissioner of Lands. In all instances the vendor must obtain state consent before the title deed can pass to the purchaser. If consent is not granted within 45 days of filing, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days. Ten percent of the value of land is paid to the Zambia Revenue Authority by the vendor as property transfer tax. Such land is under leasehold tenure with a maximum lease of 99 years from the state.
A non-Zambian can acquire state land in the following cases:
In the case of a registered company with no less than 75% Zambian shareholding, the title deed will be issued in the name of the registered company.
Before land can be bought or sold, state consent must be obtained from the Commissioner of Lands. If consent is not granted within 45 days of filing the application, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days.
If a proposed development site is located within a Game
Management Area (GMA) or a National Park, the developer must submit an
application to the Director of National Parks & Wildlife requesting
clearance.
Prior to clearance, the Department of National Parks & Wildlife performs a
site inspection. The clearance may contain conditions for land use on the basis
of the general management plan applicable for the National Parks and GMAs. The
developer must comply with these conditions.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | Approximately 2 weeks |
Competent Authority: | Department of National Parks & Wildlife |
Issuing Authority: | |
Required/Supporting Documentation: | |
Letter of consent from the local Chief if the project site is within a GMA (customary land), but not required if within a National Park (state land) |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Annual fee calculated at ZMW 0.25 per square meter of the concession area (or as negotiated with the Commission) |
Duration: | |
Competent Authority: | National Heritage Conservation Commission |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None (except costs for the on-site inspection, if such inspection is performed, and which are borne by ZEMA through statutory fees that the developer pays) |
Duration: | Approximately five (5) working days (longer if on-site inspection is required) |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | 12,999.90 ZMW |
Duration: | 40 days from submission of final report |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB Template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | See Table in text above |
Duration: | 65 working days from date of submission of final EIS if no public hearing takes place. |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer prepares a draft scoping report to assess the environmental impact of the project. Next, the developer carries out a public consultation to review the draft scoping report, involving governmental agencies, local authorities, non-governmental and community-based organisations, and interested and affected parties.
Taking into account the results from the public consultation, a final scoping report is prepared.Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the Scoping Report: Available at http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/#%20%20- |
Next, the developer prepares the draft terms of reference to prepare the EIS based on the final scoping report.
The draft terms and the scoping report are submitted to ZEMA for its review. Within five (5) days of their receipt, ZEMA determines whether the terms are acceptable. If unacceptable, the developer must prepare the final terms of reference with ZEMA's assistance.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the Terms of Reference: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Once the scoping report and terms of reference are complete, the developer must submit the names and qualifications of the people that will prepare the EIS to ZEMA.
If approved, the developer can proceed with preparing the EIS. If not, ZEMA must disclose the reasons for the rejection and request that another name be submitted.The EIS is prepared on the basis of the approved terms of reference. Once the draft EIS is prepared, the developer must take all measures necessary to seek the views of members of the communities that will be affected by the project.
The developer must publicise the proposed project and its effects and benefits in the mass media for a period not less than 15 days and at regular intervals throughout the EIS process.
After the 15-day period, the developer must hold meetings with the affected communities to present information on the project and to obtain their views.
Based on the findings from these activities, the EIS is concluded and submitted to ZEMA in twelve (12) hard copies and one (1) soft copy. ZEMA also conducts a physical site verification inspection.
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the EIS report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | WARMA headquarters or regional branches |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW (for generation capacity up to 10MW) OR 999.99 ZMW (from 10MW up to 250MW). Fee is to be paid once the application is found complete by WARMA. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | Application fee has been paid |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW for generation capacity of up to 10 MW plus 999.99 ZMW per MW above 10 MW up to a maximun of 250 MW. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
After reviewing the application, the supporting documents and the recommendation of the technical committee, the WARMA Board makes a decision and notifies the applicant accordingly.
If the WARMA Board rejects the application, the developer can make an appeal to the Ministry of Water.
For approved applications, WARMA issues an invoice, and once the requisite fee (see below) is paid by the applicant the water permit is issued.
An annual fee is payable calculated as follows:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | See text above |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
While obtaining an investment endorsement is optional for a developer, its procurement is likely to guarantee the issuance of an appropriate licence to commence operations and secure the tariff advised by the ERB.
The following steps are necessary for completing the process:
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | 10 days (up to the issuing of draft investment endorsement). Final investment endorsement depends on the timing of Board decision. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Once submitted, ERB must assess the application before issuing the endorsement and allowing the developer to start construction of the project. The following process applies:
The economic assessment determines the tariff to
be used for selling produced electricity to the
respective consumes.
During this stage, the developer attends interrogations with ERB to justify the proposed tariff that is included in the investment endorsement application. Once concluded, ERB advises the developer what project costs are reasonable to include in the tariff determination.
ERB’s assessment of the tariff is based on the principles in the “Electricity Tariff Determination Guidelines for Retail Customers.” These guidelines are used mainly to determine the retail tariffs for customers of mini-grids connected to the main grid, but they provide valuable insight to the investors regarding customers' tariff setting.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Electricity tariff determination guidelines for retail customers: https://tinyurl.com/y3ogxxxm |
In this stage ERB ensures
that the applicant meets all legal and regulatory requirements.
Following the completion of the technical, economical and legal assessment and agreement with the developer on the tariff, the steps below are followed:
ERB issues a draft investment endorsement that includes the information on the investment costs, the tariff and any other agreed upon conditions with which the developer must comply during project development.
ERB and the developer discuss the draft endorsement before issuing the final one. Once an agreement has been reached, the ERB Board is requested to give its final approval of the investment endorsement.After Board approval, ERB issues the final investment endorsement that states the approved technical specifications of the project, the applicable tariff and the tentative timeframe for the development of the project (based on the application). These terms are not to be departed from without prior ERB approval.
Following the issuance of the final investment endorsement, the developer must submit progress reports to ERB every six months during implementation of the works or as ERB deems necessary.
The investment endorsement is valid for one (1) year. Unless renewed, the developer must endeavor to complete the project within this one year.Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Investment Endorsement Template |
Off-grid developers with an installed capacity over 1MW must apply tariffs approved by ERB based on allowed costs determined through a periodic review process, with approval required by ERB.
The following steps are necessary for completing the process:
ERB sets the allowed costs during a periodic review process for the duration of a regulatory period, which by default is five years unless otherwise specified by ERB during the regulatory parameters decision for the regulated mini-grid.
Periodic reviews commence at least 100 business days prior to each regulatory period, during which ERB:
Data submission templates are submitted to ERB at least 80 business days prior to the regulatory period.
ERB issues a provisional evaluation of allowed costs at least 60 business days prior to the commencement of the regulatory period and publishes the evaluation for stakeholder consultation.
ERB issues the final evaluation of the allowed costs and proposed tariffs at least 15 business days prior to the commencement of the regulatory period.
Before commencing operations of a mini-grid, a developer must request a Combined Licence for Generation, Transmission, Distribution, Supply of Electricity from the ERB.
The developer can only request the licence after completing the construction of the off-grid.
The following steps must be followed:
The developer must submit the combined licence application in triplicate. ERB checks the application for completeness and requests any necessary actions to the developer.
ERB then carries out an on-site technical inspection of the developed project, advising the developer of any needed remedial actions. Next ERB undertakes a financial/economic assessment of the project based on viability of the business plan. If not economically justifiable, the developer is asked to undertake remedial actions. Once both technical and financial assessments are positive, the developer must pay a processing fee (calculated at 0.1% of the cost of the envisaged investment, with a minimum fee of 100,000 ZMW.)Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | ZWM 50.00 for acquiring the application form from ERB |
Duration: | 2 days |
Competent Authority: | ERB |
Issuing Authority: | |
Required/Supporting Documentation: | |
A complete feasibility study which encompasses at least the following:
|
ERB then carries out an on-site technical inspection of the developed project, advising the developer of any needed remedial actions.
Next ERB undertakes a financial/economic assessment of the project based on viability of the business plan. If not economically justifiable, the developer is asked to undertake remedial actions.
Once both technical and financial assessments are positive, the developer must pay a processing fee.
Key facts | |
---|---|
Prerequisites / Conditionalities: | Processing fee, calculated at 0.1% of the investment cost of the envisaged investment. Minimum fee: 100,000 ZMW |
Cost: | |
Duration: | 9 days (7 for financial/economic assessment and 2 for invoicing and payment) |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Subject to payment of the processing fee, ERB issues a provisional licence that is valid for six (6) months, which allows the developer to start the project.
In parallel, ERB submits the license application for publication in the Governmental Gazette for 30 days in order to allow the public to comment or object to the project.
If no objections are received, ERB proceeds with issuance of the licence. If there are public comments after ERB’s decision to issue the licence, the developer must address them.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | 2 days for the issuing of provisional licence. 30 days for advertisement of the licence application in GRZ. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
In order to obtain a standard licence, ERB must ensure that the developer meets all legal and regulatory requirements. If the application is rejected, the developer may appeal to Court.
If the developer meets all legal and regulatory requirements, ERB issues the standard licence, which is valid for 30 years. The developer is required to pay the corresponding licence fee.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | an annual fee over the license validity period, calculated at 0.7% of annual gross turnover. Each annual fee is paid in 12 monthly installments during the respective year |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Companies in Zambia are required to be registered with the Patents and Companies Registration Agency. This Agency administers relevant matters on the basis of the Companies Act, which provides for the incorporation, management, administration and winding up of companies, including registration of their names. The Act also provides for the registration of foreign companies doing business in Zambia.
There are no local ownership requirements for businesses registered in Zambia. However, as per section 208 of the Act, more than half of the directors of a company must be resident in the country.
Securing land is an important step of the project development process. There are two categories of land in Zambia:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | Ministry of Lands, Natural Resources and Environmental Protection, District Councils or Customary Chiefs |
Issuing Authority: | |
Required/Supporting Documentation: | |
In order to acquire land in a customary area, the following is required:
These approvals should be submitted to the relevant District Council, which in turn will submit the documents to the Commissioner of Lands. The Commissioner will then make a formal offer to the applicant. The letter of offer will stipulate, among other conditions:
Acquisitions of designated state land require consent of the relevant District Council. Applications for land which does not fall within the jurisdiction of any council can be made directly to the Commissioner of Lands. The Commissioner will make a formal offer to the applicant, which will contain conditions similar to offers for land situated in a customary area.
Privately-held land can be bought and sold, with title deed transfer issued by the Commissioner of Lands. In all instances the vendor must obtain state consent before the title deed can pass to the purchaser. If consent is not granted within 45 days of filing, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days. Ten percent of the value of land is paid to the Zambia Revenue Authority by the vendor as property transfer tax. Such land is under leasehold tenure with a maximum lease of 99 years from the state.
A non-Zambian can acquire state land in the following cases:
In the case of a registered company with no less than 75% Zambian shareholding, the title deed will be issued in the name of the registered company.
Before land can be bought or sold, state consent must be obtained from the Commissioner of Lands. If consent is not granted within 45 days of filing the application, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days.
If a proposed development site is located within a Game Management Area (GMA) or a National Park, the developer must submit an application to the Director of National Parks & Wildlife requesting clearance.
Prior to clearance, the Department of National Parks & Wildlife performs a site inspection. The clearance may contain conditions for land use on the basis of the general management plan applicable for the National Parks and GMAs. The developer must comply with these conditions.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | Approximately 2 weeks |
Competent Authority: | Department of National Parks & Wildlife |
Issuing Authority: | |
Required/Supporting Documentation: | |
Letter of consent from the local Chief if the project site is within a GMA (customary land), but not required if within a National Park (state land) |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Annual fee calculated at ZMW 0.25 per square meter of the concession area (or as negotiated with the Commission) |
Duration: | |
Competent Authority: | National Heritage Conservation Commission |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | None (except costs for the on-site inspection, if such inspection is performed, and which are borne by ZEMA through statutory fees that the developer pays) |
Duration: | Approximately five (5) working days (longer if on-site inspection is required) |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | 12,999.90 ZMW |
Duration: | 40 days from submission of final report |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB Template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | See Table in text above |
Duration: | 65 working days from date of submission of final EIS if no public hearing takes place. |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer prepares a draft scoping report to assess the environmental impact of the project. Next, the developer carries out a public consultation to review the draft report, involving governmental agencies, local authorities, non-governmental and community-based organisations, and interested and affected parties.
A final scoping report is prepared based on the consultation findings.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the scoping report available at: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/#%20%20- |
Next, the developer prepares the draft terms of reference for the EIS based on the final scoping report.
The terms and scoping report are submitted to ZEMA for its review. Within five (5) days from their receipt, ZEMA determines whether the terms of reference are acceptable. If unacceptable, the developer must prepare the final terms of reference with ZEMA's assistance.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the Terms of Reference: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Once the scoping report and terms of reference are considered complete, the developer must submit the
names and the qualifications of the people that will prepare the EIS to ZEMA. If
approved, the developer can proceed with preparing the EIS. If not, ZEMA must disclose the reasons for the rejection and request that another name be submitted.
The EIS is prepared on the basis of the approved terms of reference. Once drafted, the developer must take all measures necessary to seek the views of members of the communities that will be affected by the project.
The developer must publicise the proposed project and its effects and benefits in the mass media for a period not less than 15 days and at regular intervals throughout the EIS process.
After the 15-day period, the developer must hold meetings with the affected communities to present information on the project and to obtain their views.
On the basis of the findings, the EIS is concluded and submitted to ZEMA in twelve (12) hard copies and one (1) soft copy. ZEMA also conducts a physical site verification inspection.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the EIS report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | WARMA headquarters or WARMA regional branches |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW (for generation capacity up to 10MW) OR 999.99 ZMW (from 10MW up to 250MW). Fee is to be paid once the application is found complete by WARMA. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW for generation capacity of up to 10 MW plus 999.99 ZMW per MW above 10 MW up to a maximun of 250 MW. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | The application fee must have been paid |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | . |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
After reviewing the application, the supporting documents and the recommendation of the technical committee, the WARMA Board makes a decision and notifies the applicant accordingly.
WARMA issues an invoice and once the requisite fee (see below) is paid by the applicant a water permit is issued.
Following the issuance of the water permit an anual fee is payable calculated as follows:
Note: The first payment of the above is due upon the issuing of the Water Permit
If WARMA does not approve the application, the developer can make an appeal to the Ministry of Water.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | See text above |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
While obtaining an investment endorsement is optional, its procurement is likely to guarantee a developer the appropriate licence to commence project operations and secure a tariff, as advised by the ERB.
The following steps are necessary for completing the process:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | 10 days (up to the issuing of draft investment endorsement). Final investment endorsement depends on the timing of Board decision. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer must submit the application for an investment endorsement using the guidelines issued by ERB. Although developers of off-grids with a maximum installed capacity of up to and including 100 kW are exempt from the tariff regulation, they must apply tariffs which reasonably recover their costs of providing service to customers, including a reasonable profit. They must reduce their tariffs to reflect any one-off capital or recurrent subsidies.
Developers must submit the following information to the ERB every five years:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Once the application has been submitted, ERB must assess the application before issuing the endorsement and allowing the developer to start construction of the project.
The following steps apply:
The economic assessment determines the tariff for selling produced electricity to the
respective consumers.
During this stage, the developer attends interrogations with ERB to justify the proposed tariff in the investment endorsement application. Once concluded, ERB advises the developer what costs of the project are reasonable to include in the tariff determination.
ERB’s assessment of the tariff is based on the principles set out in the “Electricity Tariff Determination Guidelines for Retail Customers.” Although these guidelines mainly determine retail tariffs for customers of mini-grids connected to the main grid, they provide valuable insight regarding tariff setting for customers.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Electricity tariff determination guidelines for retail customers: https://tinyurl.com/y3ogxxxm |
In this stage ERB ensures
that the applicant meets all legal and regulatory requirements.
Following completion of the technical, economical and legal assessment and agreement with the developer on a tariff based on the guidelines, the steps below are followed:
Based on the information the developer has made available, ERB issues a draft investment endorsement that includes information on the investment costs, tariff and any other agreed upon conditions with which the developer must comply during project development.
ERB and the developer discuss the draft endorsement before issuing the final one. Once an agreement has been reached, the ERB Board is requested for final approval of the endorsement.After Board approval, ERB issues the final investment endorsement stating the approved technical specifications of the project, the applicable tariff and the tentative timeframe for development of the project (based on timeframe provided in the application). These terms are not to be departed from without prior ERB approval.
Following issuance of the final endorsement, the developer must submit ERB progress reports every six months during implementation of the works or as ERB deems necessary.
The investment endorsement is valid for one (1) year. Subject to its renewal, the developer must endeavor to complete the project within this one year.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Investment Endorsement Template |
Before commencing operations of a mini-grid, the developer must apply for a Combined Licence for Generation, Transmission, Distribution and Supply of Electricity from ERB.
The developer can only request the licence after completing the off-grid construction.
The process is outlined below:
The developer must submit the combined licence application form in triplicate to ERB.
ERB checks the application
for completeness and requests the developer for any further information to
complete the application.
Off-grid developers with a maximum installed capacity of up to and including 100 kW are exempted from the Tariff Regulation; however, they must apply tariffs which reasonably recover the costs of providing service to customers, including a reasonable profit. They must adjust their tariffs downwards to reflect any one-off capital or recurrent subsidies.
Developers must submit the following information to the ERB every five years:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | ZWM 50.00 for acquiring the application form from ERB |
Duration: | 2 days |
Competent Authority: | ERB |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
ERB carries out an on-site technical inspection
of the developed project.
If the application is
technically compliant, ERB proceeds to next step, otherwise the developer must undertake remedial
actions as advised by ERB.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | 10 days (subject to remedial actions required, if any) |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
ERB completes an economic assessment to assess whether the business plan is viable. If the application is not economically viable, the developer receives a not-justifiable notification from ERB and must undertake remedial actions to justify the project.
If the assessment is positive, the developer must pay the corresponding processing fee.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Processing fee, calculated at 0.1% of the investment cost of the envisaged investment. Minimum fee: 100,000 ZMW |
Duration: | 9 days (7 for financial/economic assessment and 2 for invoicing and payment) |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Subject to the payment of the processing fee, ERB proceeds with issuing of the provisional licence, which is valid for six (6) months and allows the developer to commission the project.
In parallel, ERB submits the application for publication in the Governmental Gazette for 30 days in order to allow the public to comment or object to the project.
After the prescribed 30-day period, if no adverse reports or objections are received, ERB proceeds with issuing the licence.
If there are responses from the public after ERB’s decision to issue the licence, the developer must address the comments.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | 2 days to issue the provisional licence. 30 days for advertisement of the licence application. |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Subject to the developer addressing any comments received in the previous steps, ERB proceeds with the following:
ERB ensures that the developer meets all legal and regulatory requirements.
If the applicant does not meet all legal and regulatory requirements, then the application is rejected. The applicant may appeal to Court.
If the developer meets all legal and regulatory requirements, then ERB issues the standard licence. The developer must pay the corresponding licence fee.
The duration of validity of the standard licence is 30 years.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Annual fee over the validity period of the license, calculated at 0.7% of annual gross turnover. Each yearly amount is paid in 12 monthly installments during the respective year |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Companies in Zambia are required to be registered with the Patents and Companies Registration Agency. The Agency administers the relevant matters on the basis of the Companies Act, which provides for the incorporation, management, administration and winding up of companies, including registration of their names. The Act also provides for the registration of foreign companies doing business in Zambia.
Currently there are no local ownership requirements for registering a business in Zambia. However, as per section 208 of the Act, more than half of the directors of a company must be resident in the country.
Securing land is an important step of the project development process. There are two categories of land in Zambia:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | Ministry of Lands, Natural Resources and Environmental Protection, District Councils or Customary Chiefs |
Issuing Authority: | |
Required/Supporting Documentation: | |
These approvals should be submitted to the relevant District Council, which in turn will submit the documents to the Commissioner of Lands. The Commissioner will then make a formal offer to the applicant. The letter of offer will stipulate, among other conditions:
Acquisitions of designated state land require consent of the relevant District Council. Applications for land which does not fall within the jurisdiction of any council can be made directly to the Commissioner of Lands. The Commissioner will make a formal offer to the applicant, which will contain conditions similar to offers for land situated in a customary area.
Privately-held land can be bought and sold, with title deed transfer issued by the Commissioner of Lands. In all instances the vendor must obtain state consent before the title deed can pass to the purchaser. If consent is not granted within 45 days of filing, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days. Ten percent of the value of land is paid to the Zambia Revenue Authority by the vendor as property transfer tax. Such land is under leasehold tenure with a maximum lease of 99 years from the state.
A non-Zambian can acquire state land in the following cases:
In the case of a registered company with no less than 75% Zambian shareholding, the title deed will be issued in the name of the registered company.
Before land can be bought or sold, state consent must be obtained from the Commissioner of Lands. If consent is not granted within 45 days of filing the application, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days.
If a proposed development site is located within a Game
Management Area (GMA) or a National Park, the developer must submit an
application to the Director of National Parks & Wildlife requesting
clearance.
Prior to clearance, the Department of National Parks & Wildlife performs a
site inspection. The clearance may contain conditions for land use on the basis
of the general management plan applicable for the National Parks and GMAs. The
developer must comply with these conditions.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | Approximately 2 weeks |
Competent Authority: | Department of National Parks & Wildlife |
Issuing Authority: | |
Required/Supporting Documentation: | |
Letter of consent from the local Chief if the project site is within a GMA (customary land), but not required if within a National Park (state land) |
If the project site is within a protected cultural
heritage area, the developer must apply for a concession from the National
Heritage Conservation Commission. All waterfalls in Zambia are designated as
heritage areas.
The conditions of the concession are negotiable between the National Heritage Conservation Commission and the developer.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Annual fee calculated at ZMW 0.25 per square meter of the concession area (or as negotiated with the Commission) |
Duration: | |
Competent Authority: | National Heritage Conservation Commission |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | None (except costs for the on-site inspection, if such inspection is performed) |
Duration: | Approximately five (5) working days (longer if on-site inspection is required) |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | 12,999.90 ZMW |
Duration: | 40 days from submission of final report |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | See Table in text above |
Duration: | 65 working days from date of submission of final EIS if no public hearing takes place |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer prepares a draft scoping report to support determining the assessment of environmental impact of the project.
The developer carries out a public consultation, involving governmental agencies, local authorities, non-governmental and community-based organisations, and interested and affected parties, to review the draft scoping report.
Taking into account the results from the public consultation, a final scoping report is prepared.Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the scoping report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/#%20%20- |
On the basis of the scoping report, the developer prepares the draft terms of reference for the preparation of the EIS.
The draft terms and the scoping report are submitted to ZEMA for its review.
Within a period of five (5) days of their receipt, ZEMA determines whether the terms of reference are acceptable. If unacceptable, the developer must prepare the final terms of reference with ZEMA's assistance.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Terms of reference template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Once all comments have been addressed and the scoping report and terms of reference are considered complete, the developer must submit the names and the qualifications of the people that will prepare the EIS to ZEMA.
If approved, the developer can proceed with preparing the EIS, if not, ZEMA must disclose the reasons for rejection and request that another name be submitted.The EIS is prepared on the basis of the approved terms of reference, taking into account the relevant guidelines.
Once the draft is prepared, the developer must take all measures necessary to seek the views of members of the communities that will be affected by the project.
The developer must publicise the proposed project and its effects and benefits in the mass media for a period not less than 15 days and at regular intervals throughout the EIS process.
After the 15-day period, the developer must hold meetings with the affected communities to present information on the project and to obtain their views.
Based on the findings of these activities, the EIS process is concluded and the report is submitted to ZEMA in twelve (12) hard copies and one (1) soft copy. ZEMA then conducts a physical site verification inspection.
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the EIS report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | WARMA headquarters or regional branches |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | Application Fee: 5,000 ZMW (for generation capacity up to 10MW) OR 999.99 ZMW (from 10MW up to 250MW). Fee is to be paid once the Application is found complete by WARMA. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
In case objections are raised by affected parties within the aforementioned 30 days, WARMA calls a public hearing to try to secure a consensus or compromise where there are conflicting interests or activities from other parties concerning the water use or the hydro plant installation area.
In case a consensus (as determined by WARMA) cannot be reached during the public hearing, the assessment of the application may be terminated.
Key facts | |
---|---|
Prerequisites / Conditionalities: | The application fee has been paid |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
After reviewing the application, supporting documents and recommendation of the Technical Committee, the WARMA Board makes a decision and notifies the applicant accordingly.
WARMA issues an invoice and once the requisite fee (see below) is paid by the applicant, the water permit is issued.
In case the Board does not approve the application, the developer can appeal to the Ministry of Water.
Following the issuing of the water permit, an annual fee is payable calculated as follows:
Companies in Zambia are required to be registered with the Patents and Companies Registration Agency. The Agency administers the relevant matters on the basis of the Companies Act, which provides for the incorporation, management, administration and winding up of companies, including registration of their names. The Act also provides for the registration of foreign companies doing business in Zambia.
Currently there are no local ownership requirements for registering a business in Zambia. However, as per section 208 of the Act, more than half of the directors of a company must be resident in the country.
Securing land is an important step of the project development process. There are two categories of land in Zambia:
Key facts | |
---|---|
Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | Ministry of Lands and Natural Resources, District Councils or Customary Chiefs |
Issuing Authority: | |
Required/Supporting Documentation: | |
Once these approvals are obtained, they should be submitted to the relevant District Council, which in turn will submit the documents to the Commissioner of Lands. The Commissioner will then make a formal offer to the applicant stipulating other conditions:
Acquisitions of designated state land require consent of the relevant District Council. Applications for land which does not fall within the jurisdiction of any council can be made directly to the Commissioner of Lands. The Commissioner will make a formal offer to the applicant, which will contain conditions similar to offers for land situated in a customary area.
Privately-held land can be bought and sold, with title deed transfer issued by the Commissioner of Lands. In all instances the vendor must obtain state consent before the title deed can pass to the purchaser. If consent is not granted within 45 days of filing, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days. Ten percent of the value of land is paid to the Zambia Revenue Authority by the vendor as property transfer tax. Such land is under leasehold tenure with a maximum lease of 99 years from the state.
A non-Zambian can acquire state land in the following cases:
In the case of a registered company with no less than 75% Zambian shareholding, the title deed will be issued in the name of the registered company.
Before land can be bought or sold, state consent must be obtained from the Commissioner of Lands. If consent is not granted within 45 days of filing the application, the application is deemed to be granted. If consent is refused, the reasons for refusal must be furnished to the applicant within 30 days.
If a proposed development site is located within a Game
Management Area (GMA) or a National Park, the developer must submit an
application to the Director of National Parks & Wildlife requesting
clearance.
Prior to clearance, the Department of National Parks & Wildlife performs a
site inspection. The clearance may contain conditions for land use on the basis
of the general management plan applicable for the National Parks and GMAs. The
developer must comply with these conditions.
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Prerequisites / Conditionalities: | |
Cost: | None |
Duration: | Approximately 2 weeks |
Competent Authority: | Department of National Parks & Wildlife |
Issuing Authority: | |
Required/Supporting Documentation: | |
Letter of consent from the local Chief if the project site is within a GMA (customary land), but not required if within a National Park (state land) |
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Prerequisites / Conditionalities: | |
Cost: | Annual fee calculated at ZMW 0.25 per square meter of the concession area (or as negotiated with the Commission) |
Duration: | |
Competent Authority: | National Heritage Conservation Commission |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | None (except costs for the on-site inspection, if such inspection is performed, and which are borne by ZEMA through statutory fees that the developer pays) |
Duration: | Approximately five (5) working days (longer if on-site inspection is required) |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
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Prerequisites / Conditionalities: | |
Cost: | 12,999.90 ZMW |
Duration: | 40 days from submission of final report |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
EPB template: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
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Prerequisites / Conditionalities: | |
Cost: | See Table in text above |
Duration: | 65 working days from date of submission of final EIS if no public hearing takes place |
Competent Authority: | ZEMA |
Issuing Authority: | |
Required/Supporting Documentation: | |
The developer prepares a draft scoping report to support the assessment of environmental impact of the project.
The developer then carries out a public consultation to review the draft report, involving governmental agencies, local authorities, non-governmental and community-based organisations, and interested and affected parties.
Taking into account the results from the public consultation, a final scoping report is prepared.Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the scoping report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/#%20%20- |
The developer prepares the draft terms of reference for the preparation of the EIS based on the findings in the scoping report.
The draft terms of reference and the scoping report are submitted to ZEMA for review.
Within five (5) days of their receipt, ZEMA must determine whether the terms of reference are acceptable. If unacceptable, the developer must prepare the final terms of reference with ZEMA's assistance.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the terms of reference: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Once all comments have been addressed and the scoping report and terms of reference are considered complete, the developer must submit the names and the qualifications of the people that will prepare the EIS to ZEMA.
If approved, the developer can proceed with preparing the EIS. If not, ZEMA shall state the reasons for the rejection and request that another name be submitted.The EIS is prepared on the basis of the approved terms of reference, taking into account the relevant guidelines.
Once the draft EIS is prepared, the developer must take all measures necessary to seek the views of members of the communities that will be affected by the project.
The developer must publicise the proposed project and its effects and benefits in the mass media for a period not less than 15 days and at regular intervals throughout the EIS process.
After the 15-day period, the developer must hold meetings with the affected communities to present information on the project and to obtain their views.
Based on the findings above, the EIS is concluded and submitted to ZEMA in twelve (12) hard copies and one (1) soft copy. ZEMA then conducts a physical site verification inspection.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Template for the EIS report: http://www.zema.org.zm/index.php/services/procedures/environmental-assessment-formats/# |
Within seven (7) days of receipt of the draft EIS, ZEMA forwards a copy of the statement to the authorizing agencies relevant to the project for comments, and the authorizing agencies have 30 days to make comments.
ZEMA also distributes copies of the EIS to relevant ministries and the local government; places copies of the EIS in public buildings in the vicinity of the site of the proposed project; and places a notification in at least two (2) national newspapers three (3) times a week for two (2) consecutive weeks.
Any person wishing to comment on the draft EIS must submit comments to ZEMA within 20 days of the last notification issued.
Based on the results of these activities, ZEMA determines whether it will issue a decision letter or hold a public hearing.
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | |
Duration: | Estimated at up to 60 days |
Competent Authority: | WARMA headquarters or regional branches |
Issuing Authority: | |
Required/Supporting Documentation: | |
|
Key facts | |
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Prerequisites / Conditionalities: | |
Cost: | Application fee: 5,000 ZMW (for generation capacity up to 10MW) OR 999.99 ZMW (from 10MW up to 250MW). Fee is to be paid once the application is found complete by WARMA. |
Duration: | |
Competent Authority: | |
Issuing Authority: | |
Required/Supporting Documentation: | |