TERMS OF REFERENCE

FOR

ENVIRONMENTAL IMPACT ASSESSMENT STUDIES

FOR THE PROPOSED MINERAL PROCESSING PLANT AT

KYABANKAKA AREA IN KALUMBILA DISTRICT,
NORTHWESTERN PROVINCE, ZAMBIA

BY

GOLDEN BRIDGE INVESTMENT (Z) LIMITED

Draft Report, June, 2022 By:

F&M Environmental Consultants Limited
PO Box: 110312, Solwezi, Zambia
Cell: +260 963493140
Email: fchipatela@gmail.com
 TABLE OF CONTENTS
1.0 Introduction ................................................................................................................... 3
1.1 Project Background ................................................................................................................. 3
1.2 Purpose and Objectives of the TOR ........................................................................................ 3
1.3 Project location and study area ............................................................................................... 4
1.4 Project description .................................................................................................................. 6
1.5 Key Project components ......................................................................................................... 6
1.6 The Project Proponent............................................................................................................. 6
2.0 Regulatory Framework and Corporate Requirements ............................................. 7
2.1 Zambia Environmental Policy ................................................................................................ 7
2.2 National Legal Framework ..................................................................................................... 8
2.2.1 Environmental Management Act No. 12 of 2011 ........................................................... 8
2.2.2 Environmental Impact Assessment Regulations ............................................................. 8
2.2.3 Environmental Management Licensing Regulations ...................................................... 9
2.3 Other Acts Reviewed .............................................................................................................. 9
2.3.1 Lands Act, Cap 184 of 1995 ......................................................................................... 10
2.3.2 The Land Acquisition Act Cap 184 of 1995 ................................................................. 10
2.3.3 Local Government Act No. 2 of 2019........................................................................... 10
2.3.4 The Urban and Regional Planning Act No. 3 of 2015 .................................................. 11
2.3.5 Factories Act, Cap 441 of 1996 .................................................................................... 11
2.3.6 The Public Health Act, Cap 295 of 1995 ...................................................................... 11
2.3.7 Petroleum Act No. 10 of 2008 ...................................................................................... 12
2.3.8 The Energy Regulation Act No. 12 of 2019 ................................................................. 13
2.3.9 National Heritage Conservation Commission (Amendment) Act No. 13 of 1994. ...... 13
2.3.10 The Water Resources Management Act No. 21 of 2011............................................... 14
2.3.11 The Zambia Wildlife Act No. 14 of 2015 ..................................................................... 14
2.3.12 The Occupational Health and Safety Act No. 36 of 2010 ............................................. 14
2.3.13 The Workers’ Compensation Act No. 10 of 1999 ........................................................ 15
2.3.14 The Employment Code Act No 3 of 2019 .................................................................... 15
2.3.15 The Energy Regulation Act No. 23 of 2003 ................................................................. 16
2.3.16 The Zambia Development Agency Act, 2006............................................................... 16
2.3.17 National Council for Construction Act No. 13 of 2003 ................................................ 16
2.3.18 The Solid Waste Regulation and Management Act No. 20 of 2018 ............................. 17

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 2.4 International and Regional policy framework....................................................................... 17
3.0 Project Description ..................................................................................................... 21
3.1 Waste and By-Products ......................................................................................................... 21
4.0 EIA Scope of Work and Methodology ...................................................................... 22
4.1 EIA Methodology ................................................................................................................. 22
4.1.1 Baseline data collection ................................................................................................ 23
5.0 EIA Schedule ............................................................................................................... 27
6.0 EIS Reporting and Output ......................................................................................... 28
6.1 Proposed ESIA Report Structure .......................................................................................... 28
7.0 Specialist Studies ......................................................................................................... 31
7.2 Impact Identification and Rating Method ............................................................................. 31
8.0 Proposed EIA Team and Roles .................................................................................. 34
9.0 Declaration of Authenticity of Report Contents ...................................................... 36
APPENDICES ........................................................................................................................ 37
APPENDIX 1: SCOPING MEETING ADVERT ............................................................................ 38
APPENDIX 2: MINUTES OF STAKEHOLDER ENGAGEMENT MEETINGS &
ATTENDANCE LISTS .................................................................................................................... 39
APPENDIX 3: CURRICULUM VITAE OF EIA TEAM MEMBERS ............................................ 40
APPENDIX 4: PROOF OF LAND OWNERSHIP .......................................................................... 41

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1.0 Introduction

1.1 Project Background

Copper mining is the mainstay of Zambia’s economy employing about 15% of the country’s
labor force and contributing over 25% of the GDP. The prevailing high prices of copper and
zinc on the international markets have prompted Golden Bridge Investments Zambia Limited
(GBIZL) to venture into copper processing and hence the intention to set-up a medium scale
processing plant at a site acquired at Kyabankaka area in Kalumbila District.

1.2 Purpose and Objectives of the TOR

The proposed project falls under the second schedule of the EIA Regulations, SI No. 28 of
1997 and requires a full Environmental Impact Assessment study and preparation of an
Environmental Impact Statement. The EIA Regulations implores a Developer of such a
project to prepare and submit the Terms of Reference (ToRs) for conducting the EIA studies.

The Terms of Reference (ToR) presents a framework for conducting EIA studies for a
specified developmental project; it identifies and singles out major issues to be considered
during the conduct of EIA studies for any given project.

Therefore, the ToR for the ESIA studies for the proposed GBIZL mineral processing plant
have been prepared on behalf of the GBILZ as a first step in the EIA process and in
compliance with Regulation 8 (3) of the EIA Regulations (SI 28 of 1997). The consultant
shall provide information on all matters as specified in the content requirements of the Terms
of Reference together with other such matters as adjudged to be necessary by the Zambia
Environmental Management Agency (ZEMA).

Overall, the ToRs aim to guide the impact assessment study to ensure that all relevant
environmental and socio-economic impacts have been identified and assessed; and that
practical mitigation and management measures have been designed to reduce the impact of
the Project. The specific objectives of the ToR are to:

 Provide an overview of the Project and its activities;

 Describe the scope of the impact assessment to be undertaken and the legislative and
all other requirements (national and international guidelines and standards) which will
be complied with; and,

 Describe the impact assessment team who will be responsible for undertaking the
study and prepare the EIS Report.

This report also seeks to identify environmental and social receptors of various aspects of the
proposed project within the immediate surroundings of the project site and the project area at
different project levels i.e. preparation, construction and operational.

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1.3 Project location and study area
GBIZL will be processing Copper and Zinc ore and the mineral processing plant is to be
located within the Chiefdom of His Royal highness Chief Mumena. The Site is located on the
following coordinates, Point A (X=421681.002, Y=8640158) B(X=421891.521,
Y=8640061.568) C(X=421814.999, Y=8639929.999) and D(X=421604, 8640028). The site
is bordered with a community bare land on the north, Mapunga stream on the East,
community farming area on the South and Old Solwezi Mutanda Road on the west with
community settlements before the T5 road with an approximate distance of 100m to 150m
from the site to T5 road. The proposed project is to be implemented on a 3.5hactares of land.

Figure 1: Google satellite map of the site and immediate surrounds

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Figure 2: Site Location Map

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1.4 Project description
The project envisages processing the following products at a small scale level:

 Copper concentrate

 Zinc concentrate.

In the initial project implementation GBIZL intends to operationalize the mineral process
plant through purchasing of mineral ores from surrounding mines within the province and
beyond and later apply for a new mining license from a different site and location but may
continue to use the same processing plant.

1.5 Key Project components

The major technological units envisaged for the flotation plants are as given below:

 Crushing system

 Grading system

 Chemical reaction system

 Sedimentation system

 Drying system

 Laboratory and Administration block

 Site storm and drainage water sedimentation pond.

 Site water borehole

1.6 The Project Proponent

Golden Bridge Investment Limited (GBIZL) is a company incorporated under Zambian law.
The company is owned by one Chinese national and one Zambian national with a core
business of mineral processing.

Physical Address: Plot 310, Kimale area, Solwezi

Name of Contact Person: Mr. Jubeck Kalufyenti

Position: Company Secretary and Director

Mobile: +260967260790

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2.0 Regulatory Framework and Corporate Requirements
The project will be implemented in accordance with Zambian legislative requirements. The
main pieces of legislation that will guide the regulatory framework include:

2.1 Zambia Environmental Policy

The National Conservation Strategy (NCS) was adopted as a policy document by the
government in 1985 in order to harmonise environmental management in the country. The
adoption of NCS led to the establishment of environmental legislation and institutions. In
1990, the Environmental Protection and Pollution Control Act (EPPCA) were passed to
provide for the protection of the environment. The Act also provided for the establishment of
the Environmental Council of Zambia (ECZ) to implement the provisions of the Act and to
harmonize and coordinate all issues related to environmental management in the country.

The NCS and NEAP are the precursors of the overall policy on the environment. The
National Policy on Environment (NPE) which was adopted in 2007 (and officially launched
in 2009) provides environment and natural resources management policies to address current
and future threats to the environment and to human livelihoods and provides policy
guidelines for sustainable development. The policy is premised on the basic principal of
“Polluter to pay and the need to conserve resources, reduce consumption and recycle and
reuse material to the maximum extent possible” while the main purpose of the policy is "to
create an umbrella policy for the welfare of the Nation's environment so that socio-economic
development will be achieved effectively without damaging the integrity of the environment or
its resources".

Specific objectives of the NPE include but are not limited to:
 Promote the sound protection and management of Zambia's environment and natural
resources in their entirety, balancing the needs for social and economic development
and environmental integrity to the maximum extent possible, while keeping adverse
activities to the minimum; and,
 Accelerate environmentally and economically sustainable growth in order to improve
the health, sustainable livelihoods, income and living conditions of the poor majority
with greater equity and self-reliance.

Other strategies relevant to the proposed Project include:

 Ensure that plans for development and construction of industries have adequate and
appropriate waste disposal and pollution control facilities organized to meet
international standards;
 Ensure that plans and incentives for voluntary waste disposal are enshrined in the
production plans of all industries; and,
 Promote the use of environmental guidelines and EIA before sites are developed and
ensure application of a monitoring and auditing system for operating industries,
commercial and institutional sites.

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2.2 National Legal Framework
The following sections detail legislation which is relevant to the Project and which needs to
be complied with; however, the legislation described here should not be seen as an extensive
legal register which covers all the laws applicable to the Project.

2.2.1 Environmental Management Act No. 12 of 2011

The Zambian Environmental Management Act (EMA), 2011 is the superior Act on matters
relating to environmental protection and management. Its superiority is outlined in Section 3
of the Act. The Act sets out a framework for Environmental Impact Assessments (EIAs) and
mandates ZEMA to do all such things as are necessary to ensure the sustainable management
of natural resources and the protection of the environment, and the prevention and control of
pollution. The EMA outlines principles governing environmental management and provides
for, among other things, Environmental Impact Assessment and regulations relating to
environmental assessments. The Act has also spelt out offences relating to failure to prepare
and submit an EIA report for projects that require such reports.

The projects that require preparation of EIA reports must be approved by ZEMA prior to
implementation. Section 29 of the Act specifically states that “a person shall not undertake
any project that may have an effect on the environment without the written approval of the
Agency, and except in accordance with any conditions imposed in that approval”.

Relevance: The project represents activities which will be subjected to mandatory EIA as per
requirements of the Environmental Management Act No. 12 of 2011 read together with the
Environmental Impact Assessment (EIA) Regulations, Statutory Instrument No. 28 of 1997.

Compliance: The developer will obtain all necessary approvals and permits as stipulated
under the Act. The EIA studies for the proposed project will be carried out in accordance
with the EIA procedures laid out in the Environmental Impact Assessment Regulations
enforced by ZEMA.

2.2.2 Environmental Impact Assessment Regulations

The Environmental Impact Assessment Regulations (No. 28 of 1997) prohibits the
implementation of a project without undertaking an EIA and the subsequent preparation of an
Environmental Project Brief or an Environmental Impact Statement. The nature of the project
determines whether the developer should prepare a Project Brief or Environmental Impact
Statement.

Stakeholder Engagement
The EMA and EIA Regulations are the key legislation that provides the requirements for
stakeholder engagement in Zambia. The EMA states that the public has the right to be
informed of the intention of public authorities to make decisions affecting the environment
and of available opportunities to participate in such decisions.

The EIA Regulations requires that stakeholder engagement involves government agencies,
local authorities, non-governmental, community-based organisations and interested and
affected parties (affected communities, for example) and specifically states the following:

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“The developer shall, prior to the submission of the EIS….take all measures necessary to
seek the views of the people in the communities which will be affected by the Project. In
seeking the views of the community in accordance with sub-regulation, the developer shall:

(a) Publicise the intended Project, its effects and benefits, in the mass media, in a language
understood by the community, for a period not less than fifteen days and subsequently at
regular intervals throughout the process; and

(b) After the expiration of the period of fifteen days….hold meetings with the affected
communities to present information on the Project and to obtain the views of those
consulted”.

Relevance: The proposed project falls under the second schedule of the EIA regulations
which requires full ESIA studies.

Compliance: The Developer will undertake ESIA studies for the project and prepare and
submit an Environmental Impact Statement report to ZEMA through its appointed
Environmental Consultant.

2.2.3 Environmental Management Licensing Regulations

The Regulations deals with pollution prevention and control relating to air, water, waste (both
hazardous and non-hazardous), pesticides and toxic substances as well as ozone-depleting
substances. It was formulated in 2013 under the EMA, 2011.
The Environmental Management (Licensing) Regulations have provided for the repeal of the
following legislation:
 The Waste Management (Licensing of Transporters of Wastes and Waste Disposal
Sites) Regulations, S.I. No. 71 of 1993;
 The Water Pollution Control (Effluent and Waste Water) Regulations, S.I. No. 72 of
1993;
 The Pesticides and Toxic Substances Regulations, S.I. No. 20 of 1994;
 The Air Pollution Control (Licensing and Emission Standards) Regulations, S.I. No.
141 of 1996;
 The Environmental protection and Control (Ozone Depleting Substances)
Regulations, S.I. No. 27 of 2001; and,
 The Hazardous Waste Management Regulations, S.I. No. 125 of 2001.

2.3 Other Acts Reviewed

Other than the EMA which is the principal Act on environmental management, Zambia is
broadly covered with legislation relating to the protection of the environment. Presently about
28 pieces of legislation are related to the environment and were considered in the
environmental assessment process. Among others the relevant legislation applicable to this
project are discussed below:

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2.3.1 Lands Act, Cap 184 of 1995
This Act was enacted in 1995 following the repeal of the Land (Conversion of Titles) Act of
July 1975. It provides for the continuation of leaseholds and allows the conversion or
alienation of customary tenure into leasehold tenure.

Section 7(1) of the Act allows holding of land under customary land tenure, while section
8(1) provides for conversion of customary land into leasehold tenure.
Relevance: The land comprising the project site was initially under customary land. The
process of land alienation has been concluded and a title already issued to WCFCB.

Compliance: The process of land alienation has been concluded and a title already issued to
WCFCB.

2.3.2 The Land Acquisition Act Cap 184 of 1995

An Act to make provision for the compulsory acquisition of land and other property; and to
provide for matters incidental to or connected with the foregoing, this Act sets out regulations
for the compulsory purchase of land and property and compensation for such purchase. The
president (his designated and authorized person) may acquire any property in the interest of
the Republic. The notice shall be given in person not less than two months in advance and
shall be gazetted. The Act also provides for compensation to be granted by the allocation of
new land to the property owner.

Section 3 of the Lands Act provides that all powers over land in Zambia is vested in the
president who acts on behalf of the Zambians and the president may alienate the land vested
in him to any Zambian and none Zambian individuals or companies who qualify.

Section 4 also provides that the President shall not alienate any land situated in a District or
an area where land is held under customary tenure without taking in consideration the local
customs of the area, consulting the Chief and local authorities.
Relevance and/or Compliance: The land comprising the project site was acquired through
the willing seller, willing buyer agreement. The land falls under customary jurisdiction and
the Developer will undertake the process of land alienation and convert it to private
leasehold.

2.3.3 Local Government Act No. 2 of 2019

The Act provides for the establishment of Councils in Districts which function as Local
Authorities. The Act defines the functions of Local Authorities. Some of their tasks related to
control of the development, use of land and buildings, erection of structures, conservation of
natural resources, prevention of soil erosion, protection of life, property and natural resources
from age by fire, control of grass weeds and wild vegetation, and maintenance of
environmental health services. Other functions include oversight of the storage, sale, and use
of petroleum, extermination of insects, rodents and snakes, dealing with all kinds of refuse
and effluent, controlling the provision of drains and sewers, and conservation and the
prevention of the pollution of supplies of water (Local Government Act Cap 281,).

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Part II of the Act provides for the establishment of the Councils within Zambia, while Part III
provides for the functions of the local authorities. Section 17 of the Act indicates that the
local authorities are the agents of the government in delivering development within the areas
of their jurisdiction.

Relevance: The project site is located in Kalumbila District and falls under the jurisdiction
Kalumbila District Council created through the Local Government Act.

Compliance: GBIZL will, therefore, coordinate with the local Council in ensuring that the
project is implemented in line with the mandate of the Council.

2.3.4 The Urban and Regional Planning Act No. 3 of 2015

The Act provides for development, planning and administration principles, standards and
requirements for urban and regional planning processes and systems. The Act also ensures
sustainable urban and rural development by promoting environmental, social and economic
sustainability in development, initiatives, and controls at all levels of urban and regional
planning. Section 3 (c) of the Act provides the principal physical, economic, environmental
and social characteristics that must be included by the regional planning authorities appointed
by the Minister. Section 19 (4) (e) also provides for environmental management, protection
of ecologically sensitive areas, heritage and cultural sites as some of the key issues for
consideration in developmental planning.

Relevance: Project implementation will require approval from regional planning authorities
to ensure that the project is not in conflict with area development plans.
Compliance: The necessary documentations will be submitted to the office of Provincial
Planner, North-western Province for approval.

2.3.5 Factories Act, Cap 441 of 1996

The Factories Act provides a framework for the setting of regulations to ensure the safety,
health, and welfare of persons employed in construction worksites and in factories.
In particular, section 69 of the Act provides for protection of persons employed at any given
workplace against inhalation of dust or fumes or any other impurities. In addition, section 71
of the Act provides for issuance of protective attire to employees at a workplace, which
include suitable clothing, equipment or appliances, e.g. work suits, safety goggles, etc.
Relevance: The project’s construction and operational activities will be subjected to the
provisions of this Act.

Compliance: All work procedures and workers Personal Protective Equipment (PPE) will be
required to meet the provisions of this Act. Inspection procedures for the operation of all
plant and equipment during construction will be governed by this Act.

2.3.6 The Public Health Act, Cap 295 of 1995

The Act provides for and regulates all matters connected with public health in the country
under the local authority of each District as the enforcement agency. Part V & VI of the Act
provides guidelines and regulations on handling of foodstuffs and seizure of sale of

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unwholesome foodstuffs. The Act also spells out the authority of the local authorities to
inspect premises where foodstuffs are stored.

Relevance: The project works are likely to have an impact on public health such as noise
generation, risk of injury to members of the public and pollution of surface/underground
water courses.

Compliance: The project works will be done in a way that minimizes the impact on public
health. The noise activities will be done during day time with machinery that will be regularly
maintained. The developer will also employ safety personnel to ensure that safety procedures
are adhered to.

Statutory Instrument No. 22; the Public Health (Infected Areas) (Coronavirus Disease
2019) Regulations, 2020
Section 10 and 11 of the SI 22 provides for inspection of public and work places to ensure
sufficient sanitation and hygiene to prevent the occurrence or transmission of COVID-19 by
the authorities. The section also provides for prohibition of trading in unsanitary premises and
stipulates measures to be put in place in the interest of public health.

Relevance: As a construction site, the project site will host a good number of people from
different aboard and hence subject to these regulations.

Compliance: The Developer will ensure adequate and proper sanitary conditions at all times
on site. All persons present on site will be required to adhere to the provisions of these
regulations by wearing face masks and keeping enough social distance.

Statutory Instrument No. 21, Public Health (Notifiable Infections Diseases)

(Declaration) Notice, 2020
Section 7 of these regulations provides for authority for officers from the local authority or
Ministry of Health to enter any premises to search for a case of COVID-19 or to enquire
whether there is or has been a case of COVID-19, while section 8 implores all members of
the public to inform or report all suspected COVID-19 cases to the local or authority or health
facility.
Relevance: The project site is a workplace and attracts people from different aboard who
may present signs of the COVID-19.

Compliance: The Developer will accord the local authority and officers from the Ministry of
Health unconditionally entry to the site to search or enquire of any suspecting COVID-19
cases.

2.3.7 Petroleum Act No. 10 of 2008

The Act provides for the regulation of the importation, conveyance, and storage of petroleum
products and other inflammable oil and liquids (e.g. petrol and diesel) for the protection of
the public and the environment.

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Section 3(e) prescribes the safety and environmental requirements for the operation of all
equipment, vessels, vehicles, trucks, and receptacles used in the processing, storage and sale
of petroleum by establishing and enforcing the required codes for such, and licensing of the
operators;, while regulation 3 prescribes the issuance of permits or licenses for transportation
and storage of petroleum products.

Relevance: The project will involve the acquisition and transportation of petroleum products
which are subject to the provisions of the Act.

Compliance: Acquisition and transportation of petroleum products will be done in

accordance with the provisions of this Act.

2.3.8 The Energy Regulation Act No. 12 of 2019

Act to provide for the licensing of enterprises in the energy sector; continue the existence of
the Energy Regulation Board and re-define its functions; re-constitute and revise the
functions of the Board; repeal and replace the Energy Regulation Act, 1995; and provide for
matters connected with, or incidental to, the foregoing

Part II, Section 11 of the Act requires that anyone who operates some activity related to
energy issues must seek permission from Energy Regulation Board (ERB), while PART III
provides for licensing of handling or storage of fuel.
Relevance: During project construction phase, fuels such as petrol and diesel will be used.

Compliance: The contractor will ensure that such fuels are stored and used in accordance
with the provisions of this Act so as to protect human health and the environment.

2.3.9 National Heritage Conservation Commission (Amendment) Act No. 13 of 1994.

The Act provides for the conservation of ancient, cultural and natural heritage, relics and
objects of aesthetic, historical, prehistoric, archaeological or scientific interest by
preservation, restoration, rehabilitation, reconstruction, adaptive use, and good management.
The Commission also provides regulations for archaeological excavation and export of relics.
If a development is unable to proceed without affecting an item of heritage, permission must
be sought from the NHCC as outlined in Section 35 and 36 of the National Heritage
Conservation Commission Act.

Relevance: Although not located within a gazetted national heritage site, care will be taken
so as not to disturb any features of heritage the land comprising the project site comprises
dormant grassland with potential of harbouring cultural features such as illegal grave sites or
shrines.

Compliance: All measures will be undertaken to protect and conserve the cultural and
natural heritage of the project area. Should any new discoveries be made of items of historical
or archaeological interest during the implementation of the project, the provisions of the
NHCC Act shall apply, and the required procedures for the reporting of such discoveries shall
be followed.

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2.3.10 The Water Resources Management Act No. 21 of 2011
The Act defines the functions and powers; provide for the management, development,
conservation, protection, and prevention of water resources and its ecosystem. It also
provides for the equitable, reasonable and sustainable utilisation of water resources (Water
Resource Management Act, 2011).

Section 72 (3) states that a land owner who requires the use of water for commercial or
industrial purposes, shall make an application to the authorising agency, setting out the
volume of water required, the nature of the proposed use and such other information as may
be prescribed. Section 72 (4) states that the Authorising Agency shall cause an inquiry to be
made into the merits of the application, made under subsection (3) and shall thereafter
forward the application with comments and recommendations to the catchment Council, sub-
catchment Council or water users association for consideration.

Relevance: Construction and operational activities of the proposed project will require
substantial amounts of water and have the potential to disrupt or pollute underground and
surface water resources.

Compliance: Although there isn’t any surface water body traversing the site, the Developer
will ensure that the Water Resources Management Authority and the Department of Water
Resource Development are involved during the project planning and implementation stages
as well as for all the water needs of the development.

2.3.11 The Zambia Wildlife Act No. 14 of 2015

An Act to provide for the winding up of the affairs of the Zambia Wildlife Authority;
establish the Department of National Parks and Wildlife in the Ministry responsible for
tourism; provide for the appointment of a Director and other officers responsible for National
Parks and Wildlife; provide for the sustainable use of wildlife and the effective management
of the wildlife habitat in Game Management Areas; The Act repeals and replaces the Zambia
Wildlife Act, 1998; and provide for matters connected with, or incidental to, the foregoing.

Part II of the Act provides for the establishment of the Department of National Parks and
Wildlife. Section 16 of the Act provides for the granting of mining and other rights in
National Parks and GMAs. Section 30 provides for the Restriction on exercise of mining and
other rights within Game Management Areas.

Relevance: Although the Project site does not fall under a national park or game reserve area,
it comprises a grassland area which has potential to host small mammals and reptiles.

Compliance: The Developer and its contractors will ensure that all wild animals and wildlife
are handled in line with the Act.

2.3.12 The Occupational Health and Safety Act No. 36 of 2010

The Act to establish the Occupational Health and Safety Institute and provide for its
functions, this Act also Provide for the establishment of health and safety committees at
workplaces and for the health, safety and welfare of persons at work; provide for the duties of
manufacturers, importers and suppliers of articles, devices, items and substances for use at

14
work; provide for the protection of persons, other than persons at work, against risks to health
or safety arising from, or in connection with, the activities of persons at work; and provide for
matters connected to events at work.

Section 4 of the act establishes the Occupational Health and Safety Institute while Section 6
provides for the functions of the institute that include conducting medical examinations for
occupational health and safety purposes in workplaces. Section 11 under Part III states that,
an employer of ten or more persons at any workplace shall establish a health and safety
committee.

Relevance: A sizable workforce will be employed during project construction and operation
phase and their work conditions will be subject to the provisions of this Act.

Compliance: The developer will endeavour to comply with the provision of this Act in as far
as occupational health and safety of workers is concerned.

2.3.13 The Workers’ Compensation Act No. 10 of 1999

The Act for the law relating to the compensation of workers for disabilities suffered or
diseases contracted during employment and providing for the payment of compensation to
dependents of workers who die because of accidents or illnesses at workplaces.

Section 41 under Part V of the Act provides that if an accident to a worker arising out of and
during his employment happens after the date of commencement and results in such worker's
disablement or death, he, or if he dies, his dependants, shall become entitled to compensation
in accordance with the provisions of this Act.
Relevance: As a workplace, construction sites might record work incidences/accidents which
might require compensating the parties involved.

Compliance: All incidences or accidents occurring on construction sites will be handled in

accordance with the provisions of the Act and all necessary documentation will be submitted
to Workers’ Compensation Fund Control Board (WCFCB) to ensure that workers are
provided with a social security scheme.

2.3.14 The Employment Code Act No 3 of 2019

The Act to provide legislation relating to the employment of persons; to make provision for
the engagement of persons on contracts of service and to provide for the form of an
enforcement of agreements of service; to make provision for the appointment of officers of
the Labour Department and for the conferring of powers on such officers and upon medical
officers; to make provision for the protection of wages of employees; to provide for the
control of employment agencies. Part III of the Act provides for the employment relationship
subdivided into divisions – contract of employment, minimum employment benefits,
suspension/termination of employment, and employment of expatriates and skills advisory
committee.

The Act repeals and Replaces the Employment Act, 1965, the Employment (Special
Provisions) Act, 1966, the Employment of Young Persons and Children Act, 1933, and the
Minimum Wages and Conditions of Employment Act, 1982.

15
Relevance: The project will employ some persons to perform some functions during all
project stages. These employees will need to be protected in line with the provisions of the
Act.

Compliance: The Developer will ensure that its contractors follow all the necessary
procedures required for employment.

2.3.15 The Energy Regulation Act No. 23 of 2003

An Act to establish an Energy Regulation Board and to define its functions and powers; to
provide for the licensing of undertakings to produce energy or the production or handling of
certain fuels; а to repeal the National Energy Council Act and the Zambia Electricity Supply
Act. Part II of the Act (Section 3 to Section 7) provides for the establishment of the Energy
Regulations Board. Part III provides for the licensing of energy-related undertakings through
the ERB.

Relevance: The project will require the use of fuel and other energy sources which are
subject to the provisions of this Act.

Compliance: Handling of fuel required during project construction and operation phases will
be done in line with the Act.

2.3.16 The Zambia Development Agency Act, 2006

The act provides a legal framework for investment in Zambia and recognises the role of other
agencies, including those responsible for environmental protection, in authorizing specific
projects. In considering an application from an investor for a licence, permit or certificate of
registration, the Act stipulates that the Board shall have regard to the impact the proposed
investment is likely to have on the environment and, where necessary, the measures proposed
to deal with an adverse environmental consequence in accordance with the Environmental
Protection and Pollution Control Act (Section 69d).
Relevance: The Developer may be required to apply for an investors licence from the
Zambia Development Agency (ZDA).

Compliance: The EIA studies for the project have been instituted in compliance with the
terms of the Act.

2.3.17 National Council for Construction Act No. 13 of 2003

An Act to provide for the establishment of the National Council for Construction and to
define its functions: to provide for the promotion and development of the construction
Industry in Zambia, to provide for the registration of contractors and to provide for the
affiliation to the Council of professional bodies or organizations whose members are engaged
in activities related to the construction Industry.

Section 6 of the Act empowers the NCC to monitor projects and ensure compliance with
applicable standards, including environmental standards. Section 7, requires a mandatory
registration of all participants (contractors) in the construction industry and prohibition of
unregistered contractors to undertake construction projects. Section 15 provides for
registration of all construction projects with the NCC for them to understand the nature of the

16
project and offer appropriate advise, while section 16 establishes the best practice project
assessment scheme for awarding construction projects to any given contractor.

Relevance: The proposed development will involve construction works and all construction
workers/contractors will have to be registered with the National Council for Construction.

Compliance: All contractors engaged on-site will be registered and compliant with the
National Council for Construction terms and conditions.

2.3.18 The Solid Waste Regulation and Management Act No. 20 of 2018
An Act to provide for the sustainable regulation and management of solid waste; and matters
connected with, or incidental to the foregoing.
Part III of the Act sets out environmental and public health standards and responsibilities of
property owners or occupiers with regards to solid waste management, while Part IV of the
Act prescribes the licensing of waste transporters and permits for operating waste disposal
sites.

Relevance: The proposed project activities will generate solid waste whose management is
subject to the provisions of the Act.

Compliance: The Developer and its contractors will ensure that all solid waste generated
during project construction and operational phases are handled in compliance with the
provisions of the Act.

2.4 International and Regional policy framework

Zambia is a signatory to a number of International Conventions and Agreements. Most of
these have been customized through various Regulations and are already being enforced.
Applicable Conventions are briefly described below.

Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES):- The objective of this agreement is to ensure that international trade of wild flora
and fauna does not endanger their existence. The convention is customized through the
Zambia Wild Life Act No. 12 of 1998 and the implementing body is the Department of
National parks and Wildlife.
Relevance to the Project: -The project site has potential to host small mammals and reptiles.

Compliance: - Provisions of this Convention together with the customizing regulations are
critical to the project and will be complied with at all times.

United Nations Framework Convention for Climate Change (UNFCCC)

Zambia signed the Convention on 11th June 1992 and ratified it on 28th May 1993. The
Convention entered into force on 21st March 1994. The ultimate objective of the Convention
is to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent
dangerous human interference with the climate system. It recognizes that the climate system
is a shared resource, whose stability can be affected by industrial and other emissions of
carbon dioxide and other greenhouse gases.

17
Relevance: The project will utilize septic tanks and soak aways in which, untreated or
partially treated liquid waste and sewer will be directed which can contribute to generation of
GHGs such as Methane, Sulphur Dioxide, Carbon Dioxide, etc.

Compliance: The Project Developer will comply with the UNFCCC by making sure that
project operations and other activities limits the generation of the GHGs by strategically
treating the untreated sewer which leads to the generation of such gases.

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes

and their Disposal
The Basel Convention was adopted on 22nd March 1989 by the Conference of
Plenipotentiaries in Basel, Switzerland in response to a public outcry following the discovery,
in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes
imported from abroad. Zambia ratified the Convention on 1st March 2012 and it came into
force on 30th May 2012. The objective of this Convention is to protect human health and the
environment against the adverse effects of hazardous wastes. The provisions of the
convention revolve around 3 main aims;

 Reducing the hazardous waste generation and promoting environmentally sound

management of hazardous wastes.

 Restriction of transboundary movements of hazardous wastes except where it is

accordance with the principles of the management plan

 Establishing a regulatory system applicable to cases where the transboundary

movements are permissible.

Relevance: The nature of the project does not entail generation of hazardous wastes;
however, any hazardous waste which may be generated will be handled in accordance with
the convention.

Compliance: Handling of any hazardous waste which may be generated from the Project will
comply with the Basel Convention.

C-095 Protection of Wages Convention, 1949

The 32nd session of the General Conference of the International Labour Organization (ILO),
Geneva, held on 8th June 1949 adopted certain proposals concerning the protection of wages
in the form of an international convention. The convention was officially adopted on 1st July
1949 and its entry into force was on 24th September 1952. This convention is applicable to all
the persons to whom wages are paid or payable (Article 1: Paragraph 1). Under Paragraph 2
of Article 3, the competent authority may permit or prescribe the payment of wages by bank
cheques/post cheques/money orders in cases in which the payment in this manner is
customary. Article 5 provides that the wages shall be directly paid to the concerned worker.
The employers shall be prohibited from limiting in any manner the freedom of the worker to
dispose of his wages (Article 6). Under Paragraph 1 and 2 of Article 8, deduction in the
wages shall only be permitted under the conditions and extent as in the national

18
laws/regulations and the workers shall be kept informed about such deductions. Article 12
states that the wages shall be paid regularly and upon the termination of the contract, a final
settlement shall be made in accordance with the national laws. Article 13 prescribes that the
payments that are made in cash shall be made on working days only and at or near the
workplace.

Relevance: The construction and operational phases of the Project will lead to employment
generation because of the project activities.

Compliance: The Developer will comply with the convention by making sure that the wages
of the workers are protected from any discrepancy on the employer’s/contractor’s end,
thereby ensuring a transparent mechanism of any deductions made in the wages of the
workers.

C-138: Minimum Age Convention, 1973

The 58th session of the General Conference of ILO Geneva, held on 6th June 1973 adopted
certain proposals regarding the minimum age to admission to employment in the form of an
international convention. The convention was officially adopted on 26th June 1973 and its
entry into force was on 19th June 1976. This convention acts as a general instrument replacing
all the existing ones applicable to limited economic sectors, with a view of achieving total
abolition of child labour. Article 2: Paragraph 1 states that members of this convention must
specify a minimum age of admission to employment or work within its territory and on
means of transport registered in its territory. Article 2: Paragraph 3 provides that the
minimum age for employment shall not be less than 15 years. The minimum age for
admission to any type of employment/work likely to jeopardize the health/safety/morals of
young persons shall not be less than 18 years (Article 3: Paragraph 1). Article 5: Paragraph
3 enlists the sectors to which the provisions of this convention are applicable like sanitary
services, transport, storage, construction, and others as listed in the provision.

Relevance:
The construction and operational phases of the Project would be seeking employment of
workers/labour. For these activities, young children may be involved by the
Developer/contractor, making the convention relevant.

Compliance:
The Developer will ensure strict adherence to the provisions as stated in this convention, by
making sure that no children under the age of 15 years and 18 years is employed for specific
types of work.

C-148: Working Environment (Air Pollution, Noise and Vibration) Convention, 1977
The 63rd session of the General Conference of ILO Geneva, held on 1st June 1977 adopted
certain proposals regarding the working environment: atmospheric pollution, noise, and
vibration in the form of an international convention. The convention was officially adopted
on 20th June 1977 and its entry into force was on 11th July 1979. This convention is
applicable to all branches of economic activity. Article 2 prescribes that members may accept

19
the obligations of this Convention separately in respect of air pollution, noise and vibration.
Article 4 states that the national laws/regulations shall prescribe the measures to be taken for
prevention and control against occupational hazards in the working environment sue to air,
noise and vibration. Under Article 6, it is the responsibility of the employers for compliance
with the prescribed measures, whereas under Article 7 the workers are required to comply
with safety procedures related to occupational hazards due to air pollution, noise and
vibration. Article 8, 9, 10, 11 provides for establishing criteria for determining the hazards of
exposure and exposure limits, application of technical measures for keeping the work
environment hazard-free, provision of person protective equipment by the employer, and
supervision at suitable intervals/timeframe by the competent authority, respectively. Under
Article 13, all the concerned persons shall be adequately and suitably informed of potential
occupational hazards in the working environment due to air, noise and vibration.

Relevance: Project construction and operation phases might impact the air quality of project
area due to the project works leading to dust emissions. The project activities might result in
the generation of noise and vibration, thereby making the convention relevant.

Compliance: The Developer will strictly comply with this convention by adopting mitigation
measures to minimize the impact of air pollution, noise and vibrations due to the project
activities. It must also ensure that any air emissions are within the guidance limits.

C-155: Occupational Safety and Health Convention, 1981

The 67th session of the General Conference of ILO Geneva, held on 3rd June 1981 adopted
certain proposals regarding safety and health and working environment in the form of an
international convention. The convention was officially adopted on 22nd June 1981 and its
entry into force was on 11th August 1983. This convention applies to all workers in the
branches of economic activity covered. Article 4 provides for the formulation,
implementation, and periodical review of a coherent national policy on occupational safety,
health and working environment. Article 5 provides the main spheres of action that the policy
covered in Article 4 shall address to. Article 9 states that the enforcement of laws and
regulations concerning occupational safety and health shall be secure by an adequate and
appropriate system of inspection. Under Article 10 measures shall be taken to provide
guidance to employers and workers to help them to comply with the legal obligations. Article
11 enlists the various functions to be carried out by the competent authority to give effect to
the policy as in Article 4. Measures shall be taken in accordance with national laws and
practices as in Article 12. Under Article 16, employers shall be required to ensure that the
workplaces, machinery, equipment and process under their control are safe and without risk
to health.

Relevance: The Project will employ workers both during construction and operational
phases, thus occupational health and safety will be an area of importance in this regard.

Compliance: The Developer will strictly comply with this convention by adopting and
strategizing measures to ensure a healthy and safe workplace. This shall be done by regular
maintenance of all abattoir and meat processing equipment.

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3.0 Project Description
The proposed project involves the construction and operation of a small scale mineral
processing plant with output capacity of 3000 tons of Copper concentrate and Zinc
concentrate per year. The project will commence with clearing of a limited area measuring
3.5ha in order to create space for the proposed Mineral processing plant and other support
facilities that will include the office block, residential houses, fuel storage facilities, a stand-
alone fuel dispensing pump and the fuel dispensing bay and general concrete works for the
slag and slime storage area. The plant layout plan shall be derived to indicate the exact
location of machinery based on the operation flow chart that shall be determined after
obtaining of site contours and elevations by the design consultants. A typical small scale
Copper and Zinc mineral processing plant with the anticipated output tonnage of 3000 is
expected. The cost of the proposed project is estimated at UD$ 500,000 and site
mobilization/preparation activities are expected to begin upon acquisition of relevant permits
from ZEMA and other regulatory agency, hopefully at the end of the 3rd quarter of 2022.

Site equipment and machinery will include bulldozers, crawler excavators, compactors,
graders, dump trucks and other road and site leveling equipment, while raw materials will
include cement, gravel and stone aggregates, among others. During construction and
operation phase, the development will lend its principal energy source for lighting, heating
and other purposes from on site generator sets. Due to existence of fuel sources within close
proximity, bulk storage facilities for fuel will not be necessary and as such fuel will be
transported to the site as and when required.
The main source of water supply during construction and operation phases will be from a
borehole to be drilled on site.

3.1 Waste and By-Products

At this stage of the process plant, tangible main by products may not be seen apart from
waste crushed stones from the crushers. The major waste that will be generated from this
process plant will be the tailing which shall be pumped into the settling pond and allowed to
dry. It shall further be processed through laboratory testing and create into further raw
materials for making concrete blocks.

Other waste and by products expected to be generated during the project construction cycle
are:
 Topsoil: Top soil resulting from scarifying of the site
 Solid waste: Solid wastes that may include timber, rubble blocks, scrap metal
remaining, refuse such as discarded packaging like cement bags, workers generated
waste and garbage from canteen as well as usage of products.
 Hazardous waste: The major hazardous materials at construction stage will be waste
oil, Lubricants and Diesel. Diesel shall be stored in drums which will be only in 210L
and placed on a concrete base with bund walls to contain any spillage. The lubricants
and used oil will be stored in a storage shed in drums and it will be secured with a
fence and with a concrete slab surrounded by a bund wall.

21
  Runoff: Storm water runoff from site the site due to movements of vehicles and
processing activities on site.
 Exhaust Emissions: That may be as a result of operation of vehicles on site.

4.0 EIA Scope of Work and Methodology

This section describes how the baseline data will be gathered and provides a summary of the
approach and methodology to be used during the undertaking of the impact assessment for
the Project.

Generally, the whole of Kibanza electoral ward will be taken as the study area, but particular
attention will be paid to Kyabankaka village under which the project site falls. The EIA
process will involve literature review of project background information, public consultations
and specialist studies as detailed in the methodology below to come up with the ESIA report.
The ESIA report will highlight the various environmental concerns surrounding the
implementation of the proposed development and mitigation measures that would be put in
place during the construction and operational phases. The report will provide information on
the following:

 Information describing the site and its environment;

 Information describing the physical, operational and construction features of the
project;
 Analysis of alternatives;
 Assessment of positive and negative impacts;
 Mitigation measures; and
 Environmental management and monitoring for the project.

4.1 EIA Methodology

The procedure for conducting EIA studies for the project will be as follows;

1. Screening: - This was the first stage in the EIA process done to confirm whether the
proposed project requires an EIS, EPB or no EIA. This involved review of the schedules
of SI No.28 of 1997. The proposed Project and its components fall under the second
schedule of the EIA Regulations and require a full Environmental Impact Assessment
study and preparation of an Environmental Impact Statement.
2. Scoping and public consultations: - This stage is a legal requirement and helps to
determine the scope of works and extent of specialist studies required. Results of the
public consultative meetings provided guidance on the expertise and methodology
required to conduct the EIA studies as well as the major contents of the EIA report. A
continuous stakeholder engagement process will be undertaken throughout the EIA study
process and at all project phases.
Public consultation including a public scoping meeting was held on 21st June 2022 for the
Project. The meeting was attended by people from the local community, representatives
from Kalumbila Town Council, the area councilor and the traditional leadership (sub-
chief Kibanza)

22
 A continuous stakeholder engagement process will be undertaken throughout the EIA
study process and at all project phases. The results of the consultation meetings helped
the EIA study team to draw up the terms of reference for the EIA study.
3. Specialists Studies: - Upon approval of TORs by ZEMA, specialist studies shall be
conducted from which environmental impacts shall be determined and mitigation
measures proposed.
4. Preparation of Draft and Final ESIA Reports for Submission to ZEMA: - After
specialist studies have been completed, the team member coordinating the overall EIA
study will elaborate a draft EIA report which shall be submitted to ZEMA for review and
comments. After addressing ZEMA’s comments on the draft report, the final EIA report
shall be submitted for consideration. A public hearing may be called by ZEMA depending
on comments received about the development from the general public and stakeholders.

4.1.1 Baseline data collection

The proposed project is to be developed in Kyabankaka, Kalumbila District. The ESIA study
will be informed by the district reports compiled by various government departments and
professional reports done by various agencies and researchers complemented by field surveys
and assessments.

Table 1: Baseline data to be collected

Area of study Baseline data collection methodologies

Noise and vibration Noise monitoring will be conducted at 10-minute

intervals for one hour to one hour thirty minutes
at key representative points on site and in the
areas immediately surrounding the site.
Baseline noise measurements will be conducted
in line with IFC/World Bank EHS Guidelines on
noise.
Air quality The study area for air quality shall be limited to
the project site and immediate surroundings.
Baseline conditions will be assessed based on
data from recent ESIAs for projects conducted in
or near the project area as well as data collected
from sampling in selected locations at key
representative points on site and immediate
surrounds.
Ambient concentrations of pollutants will be
determined at different locations throughout the
project area. The proposed parameter to be
measured is Dust/Particulate Matter (PM10 and
PM2.5).
The sampling process will include measuring
time intervals ranging from thirty minutes (00:30
min) to one hour (01:00 hour) with a portable air
quality monitor.
Baseline noise measurements will be conducted
in line with U.S.EPA – Air Quality Standards
as well as being within the parameters of the

23

Landscape and visual impacts
Hydrology and hydrogeology
Biodiversity
24
WHO/ZEMA Guidelines for a 24hr
concentration.
An assessment of the existing landscape will be
conducted during the site visit and through desk
study. Available data from topographical maps,
aerial images and other relevant reports will be
reviewed. Aspects to be considered include
landscape units and their visual quality,
topography, current land use, existing vegetation,
water bodies and drainage channels.
Water samples will be collected and analyzed for
selected parameters such as pH, turbidity, total
suspended solids and coliforms to establish the
baseline water quality. Water sampling will be
conducted in compliance with ZEMA and Zambia
Bureau of Standards (ZABS) standards.
Available water resources near the site especially
such as the lake Bangweulu and existing
boreholes or shallow wells will be identified
through site visits and desk study.
Comprehensive desk studies and walk-over
surveys will be conducted to assess the surface
and ground water baseline conditions on and
around the project site. Data to be assessed will
include existing groundwater and/or abstraction
well monitoring data (where available) as well as
the quality of surface water in lake Bangweulu.
Comprehensive desk study will be conducted to
source relevant ecological data such as ESIAs and
ecological studies for any other projects near the
project area, Protected Planet and International
Union for Conservation of Nature and Natural
Resources (IUCN) Red List of Threatened
Species.
Consultation with stakeholder organizations will
be conducted as required.
Data relating to possible habitats which might
exist on the project site, notable flora and fauna
species, and statutory and non-statutory
designated sites will be obtained from published
bibliography and pertinent institutions.
Field surveys including habitats identification and
flora and fauna searches will be conducted in
order to identify sensitive species, understand
their reproductive cycle and relationship with
other components of the habitats and their
resilience to changes.
The focal areas of project activities {Potential
Areas of Concern (PACs)} where impacts are

Ecosystem services
Geology and soils
Cultural and archaeological
25
expected to emanate from will be defined. The
project site will be divided into sampling plots
and sampled for fauna and flora.
Fauna survey
This will involve observation methods for small
mammals and reptiles on site. This will be
supplemented by data gathered from key
informants.
The fauna data collected will be used to
determine the faunal diversity on site. Species
will be checked against their conservation status
as classified by the IUCN (critically-endangered,
endangered, vulnerable, near threatened, least
concern).
Flora survey
This will to a larger extent involve on site field
surveys and identification of flora species. Google
Earth image analysis will also be used to fully
understand the disturbance of the scrubland on
site.
A desk study will be conducted to identify
baseline ecosystem services which the site and the
nearby lake Bangweulu provide to the locals. This
will be supported with observations and
interviews with the locals on the importance
attached to the site and lake Bangweulu and
whether the project site has any cultural
significance.
Comprehensive desk studies and walk-over
surveys will be conducted to assess the soil
baseline conditions in the project site. Data to be
reviewed will include readily available
information on geology and soils including
published data and maps. Site observations and
interviews with the locals will be conducted.
Erosion and sedimentation potential will be
assessed including the quantity and quality of soil
available for re-vegetating and restoring the
disturbed areas after temporary use.
A heritage desk-based assessment will be
conducted with the objective of identifying the
baseline information on heritage in the project
area in order to inform an assessment of the
potential for archaeological remains in the site
and other items of cultural value.
Data gathering will focus on accessing
information from bibliography, satellite imagery,
and interactions with pertinent institutions.
 A project specific chance finds procedure will be
developed to be used during construction for any
chance finds.
Socio-economic Comprehensive Desk socio-economic study will
be conducted , including local demography and
economy, in terms of population dynamics
(population sizes, growth, gender, age and ethnic
profiles), settlement patterns, culture and
tradition, gender based roles and responsibilities,
employment, economic activities, income, service
capacity and economic growth, relevant services
and facilities (water, energy, transport, education,
healthcare, recreational facilities, social support
institutions and organizations).

Field work will involve the observation method to

identify the prominent physical structures and
features such as settlements, sensitive receptors
(schools, hospitals, churches, etc.), and to identify
social and productive economic activities such as
type of crops grown, means of transportation and
available social facilities and services.

Focus group discussions and semi structured

interviews will be held with heads of households
located near the project site and secondary
stakeholders from public and private institutions.
Interviews and discussions will be held with
personnel from the District administration, the
Council, Health, fisheries and ZESCO. Interviews
with local Key Informants will also be used.

Using the methods above, the following baseline

information will be identified:
Location, estimated, number and general
condition (employment/livelihood, health,
education) of the residents of the study area.

26
5.0 EIA Schedule
Below is a schedule of activities to be followed for the EIA study;

Table 2: Work Plan for the EIA Study Process

ACTIVITY PROPOSED TIME FRAME
1. Scoping and Stakeholder Engagement
- Advertise in local press and community 05/06/22 and 07/06/22
- Stakeholder engagement 21/06/22 – on-going
2. Preparation of ToRs
- Send 1st Draft ToRs to ZEMA 23/06/22
- Send 2nd Draft ToRs to ZEMA 5/07/22
3. Receive TORs Approval from ZEMA
4. Environmental and Social Baseline
Assessment
- Commence site assessment 15/07/22
- Complete site assessment 30/07/22
5. Compile Specialist Reports
- Receive specialists’ reports from EIA 30/07/22
team members
6. Draft EIS
- Send Draft EIS to Developer for review 05/08/22
and comments
- Send Draft EIS to ZEMA for review and 06/08/22
comments
7. Submit final EIS to ZEMA for consideration 14/09/22

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6.0 EIS Reporting and Output

6.1 Proposed ESIA Report Structure

The ESIA will be concise and the discussion limited to significant environmental and social
issues. The text will focus on findings, conclusions and recommended actions. The
document’s text will be substantiated by relevant information in the appendix.

The format of the ESIA will conform to the following outline:

Executive summary (in English and using technical language)

The executive summary will briefly describe the proposed project, location, investment cost,
alternatives considered, baseline data, major impacts, and environmental management
commitments.
Non-technical summary (in a local language); The EIS will contain a non-technical
summary in a style of writing understandable for the majority of the general public.
Table of Contents
1.0 INTRODUCTION
 Background of the project.
 Summary description of the project including project rationale.
 Objectives of the project.
 Brief description of the location.
 Particulars of Shareholders/Directors.
 Percentage of shareholding by each shareholder.
 Developers’ physical address and contact person.
 Track record/previous experience of enterprise elsewhere.
 Total project cost/investment.
 Proposed project implementation date.
2.0 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
 The legislative and institutional framework in Zambia.
 Environmental Legislation in Zambia.
 Requirements for EIA.
 Institutional framework for environmental management.
 Land tenure and land acquisition.
3.0 DESCRIPTION OF THE PROPOSED PROJECT AND PROJECT ACTIVITIES
 Location
 Project description
 Main activities
1. Site preparation phase
2. Construction phase
3. Operation phase
4. Decommissioning and Closure phase
4.0 PROJECT ALTERNATIVES
 Location alternatives

28
  Process and technology
 Raw materials
 By-products
 Justification for the selected option(s)

5.0 BASELINE STUDY OF THE PROJECT SITE

 Topography
 Climate (Rainfall, Temperature, Humidity, Sunshine).
 Air quality
 Geology
 Hydrology (surface water quality)
 Hydrogeology (ground water availability)
 Soils
 Land use
 Built Environment
 Land tenure
 Noise and vibration
 Fauna
 Flora
 Birds
 The archaeological and cultural environment
 Social-Cultural and economic set up
1. Population dynamics
2. Administration
3. Social services and amenities
4. Market availability of various commodities
5. Literacy levels, health, and gender equity
6. Cultural and historic environment (e.g. sites of cultural interest, landscape)
7. Interested and affected Parties

6.0 ENVIRONMENTAL IMPACTS

Biophysical environment
 Positive – direct, indirect, short term, long term, reversible and irreversible
 Negative - direct, indirect, short term, long term, reversible and irreversible

Socio-economic and cultural

 Positive – direct, indirect, short term, long term, reversible and irreversible
 Negative - direct, indirect, short term, long term, reversible and irreversible

Evaluation of impacts significance should combine:

 The frequency of occurrence of the impact.
 The duration of the impact.

29
  The severity of impact
 The spatial extent of the impact.
 The sensitivity of the element being impacted.

7.0 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN

This will include Management commitments (Mitigation Measures) for mitigating negative
Environmental Impacts identified and evaluated in section 6.0 and measures for enhancing
positive impacts.

8.0 ENVIRONMENT AND SOCIAL MONITORING PLAN

This will include environmental management cost estimates, responsible personnel and the
frequency of monitoring as reflected in the table below;
Aspect Impact Mitigation Frequency Time Performance Responsible Cost
measure of frame indicator person
monitoring

9.0 DECOMMISSIONING AND REHABILITATION PLAN

BIBLIOGRAPHY
DECLARATION OF AUTHENTICITY OF REPORT CONTENTS
APPENDICES
 A copy of approved Terms of Reference
 Maps and satellite images
 Proof of public consultation (Minutes and comments from the public consultation and
scoping)
 Any other relevant supporting documents or information that cannot be presented in
the report.

30
7.0 Specialist Studies
The information provided in this TOR and in the Scoping Report for the project has been
based on desktop information available for the project area, feedback from stakeholders
provided during the Scoping meetings and expert opinion of the project team.
During the baseline phase of the Project, all necessary aspects will need to be studied in more
detail in order to provide a solid basis for impact assessment and definition of mitigation
measures. Such aspects may need to be subjected to specialist studies or to more elaborated
data gathering, if such data is available.

The following specialist studies will be developed as a part of the ESIA:

1. Air Quality Assessment
2. Noise and Vibration Assessment
3. Water Quality Analysis
4. Biodiversity Assessment (Flora and Fauna Sampling and Analysis)
5. Socio-Economic Assessment

Further details on the methodologies and content of these studies can be found in table 1,
section 4.1.1 above.

7.2 Impact Identification and Rating Method

Identification and evaluation of impacts of the development will be made based on likelihood
and consequence on the basis of information gathered during the scoping process, the
environmental baseline study of the Project area (i.e. field visits in the Project area) as well as
a desk study of relevant existing documents and information pertaining to the study and
information describing the nature and design of project components.

To ensure a direct comparison between various specialist studies, standard rating scales have
been defined for assessing and quantifying the identified impacts. Six factors to be considered
when assessing the overall significance of impacts will be as tabulated below:-

Table 3: Definitions of Criterions

SN Criterion
Activity
1 Frequency of activity
2 Frequency of Impact
3 Sensitivity of the Element
4 Magnitude of Impact
5 Geographic Extent of Impact
Definition
Distinct process or task undertaken by an
organization for which a responsibility can be
assigned
Refers to how often the proposed activity will take
place
Refers to the frequency with which a stressor
(aspect) will impact on the receptor
Refers to the degree of change effected on a natural
element, process or receptor
Refers to the degree of change to the receptor status
in terms of reversibility of the impact
Refers to the aerial extent or coverage of a possible

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 impact
6 Impact Duration Refers to the length of time over which the stressor
will cause a change in the resource or receptor

Each of the above-outlined criterions is ranked with scores assigned as presented in table 3
below. The criterion is considered in two categories and the overall impact significance is
arrived at as a result of consequence and likelihood. The product of the sum of the scores
recorded for the consequence and likelihood are read off the matrix presented in Table 4 to
determine the overall significance of the impact (i.e. either negative or positive).

Table 4: Criteria for Assessing the Significance of Impacts

CONSEQUENCE LIKELIHOOD
Magnitude of Impact Rating Frequency of Activity Rating
Negligible 1 Annually or less 1
Minor 2 6 monthly/temporary 2
Marginal 3 Monthly/infrequent 3
Significant 4 Weekly/life of the operation 4
Catastrophic 5 Daily/permanent 5

Geographic Extent of Impact Rating Likelihood of Impact Rating

Activity specific 1 Almost impossible 1
Project-specific 2 Highly unlikely 2
Local Area 3 Unlikely 3
Regional 4 Possible 4
National 5 Definite 5

Impact Duration Rating Sensitivity of Element Rating

<1 month 1 Low 1
1 – 12 months 2 Moderate 2
13 – 36 months 3 High 3
37 – 72 months 4
> 72 months 5

Table 5: Significance of Ranking Matrix

CONSEQUENCE (Magnitude Geographic Extent Duration of impact)
(Frequency of activity

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Frequency of impact)

2 4 6 8 10 12 14 16 18 20 22 24 26 28 30

3 6 9 12 15 18 21 24 27 30 33 36 39 42 45
LIKELIHOOD

4 8 12 16 20 24 28 32 36 40 44 48 52 56 60

5 10 15 20 25 30 35 40 45 50 55 60 65 70 75

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 6 12 18 24 30 36 42 48 54 60 66 72 78 84 90

7 14 21 28 35 42 49 56 63 70 77 84 91 98 105

8 16 24 32 40 48 56 64 72 80 88 96 104 112 120

9 18 27 36 45 54 63 72 81 90 99 108 117 126 135

10 20 30 40 50 60 70 80 90 100 110 120 130 140 150

Positive/Negative Mitigation Ratings

Significance Value Negative Impact Management Positive Impact
Rating Recommendation Management
Recommendation
Very High 126-150 Propose mitigation Improve current
measures management
High 101-125 Propose mitigation Improve current
measures management
Medium-High 76-100 Propose mitigation Improve current
measures management
Low-Medium 51-75 Maintain current Propose mitigation
management measures
Low 26-50 Maintain current Propose mitigation
management measures
Very low 1-25 Maintain current Propose mitigation
management measures

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8.0 Proposed EIA Team and Roles
The EIA studies for the construction of the mineral processing plant will be undertaken by
the Environmental Consultants’ Team and other professional consultants to be involved in
project implementation. The following will be the composition of the EIA study team and
their respective roles;

Table 6: summary of qualifications and experience of EIA team members

Name Qualification / Experience Role on the
Education ESIA study
Floyd Chipatela MSc. Gent, BSc. Floyd Chipatela has over 10 EIA Team
UNZA. years of direct work experience Leader
in Zambia and on a variety of
EIA’s including Nature
Conservancy, Agriculture,
Energy, Roads, and Urban
Development Power Projects.
He has an integral
understanding of the local
standards and regulations.
Jacob Tembo BSc. UNZA. Mr. Jacob Tembo has over 10 Ecologist - flora
years of experience in the field and fauna
of environmental management assessment
which includes ESIA and
biodiversity studies.
Jacob is a qualified and
experienced biodiversity expert
who has handled and
coordinated a number
biodiversity studies on several
large scale projects.
Godfrey BA, Holder of a Bachelor of Noise and air
Mulenga Environmental Education in Environmental quality
Education, Education, Mr. Godfrey assessment
(UNZA) Mulenga possesses good bio-
physical data collection
command including air and
water quality assessments. In
the past 4 years, Godfrey has
been actively involved in the
collection of baseline data for
the on-going construction of the
Mini-Hospitals throughout the
country (Zambia).

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Moses Ziyaye MSc. Natural Mr. Moses Ziyaye is a seasoned Water Quality
resources natural resource and water Assessment and
quality expert with over 7 years Natural
experience in ESIA studies Resources

Tobias Muyaba BA, Sociology and

Tobias has extensive experience Socio-economic
Industrial in collection of socio-economic and Gender
Psychology, baseline data, monitoring and Specialist
University of
draft of ESIA and RAP reports.
Namibia. He also has extensive
experience in community
engagement on all aspects of
the ESIA/RAP process to
include leading project
disclosure to stakeholders.
Edwin Sekelechi BA, Business A seasoned business person Project Support
Administration with social acumen. He has Specialist
over 30 years in project
management including
management of community
based natural resource projects

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9.0 Declaration of Authenticity of Report Contents
We trust that the proposed Terms of Reference presented herein satisfies the framework
needed for conducting Environmental Impact Assessment (EIA) studies for the proposed
establishment of a mineral processing plant in Kyabankaka Village, Kalumbila District,
Northwestern Province of Zambia.

Jubeck Kalufyenti
Project Manager
Golden Bridge Investments Zambia Limited

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APPENDICES

37
APPENDIX 1: SCOPING MEETING ADVERT

38
APPENDIX 2: MINUTES OF STAKEHOLDER ENGAGEMENT MEETINGS &
ATTENDANCE LISTS

39
APPENDIX 3: CURRICULUM VITAE OF EIA TEAM MEMBERS

40
APPENDIX 4: PROOF OF LAND OWNERSHIP

41