Govt to enforce ‘polluter pays principle’

Source: Govt to enforce ‘polluter pays principle’ – herald

Zvamaida Murwira-Senior Reporter

GOVERNMENT has gazetted a legal instrument compelling polluters of the environment to bear the cost of rehabilitation, remediation and restoration as the State seeks to curb land degradation and pollution.

Under the regulations, known as the “polluter pays principle” persons and organisations will face both criminal and civil liabilities for causing pollution to the environment.

The regulations, made by Environment, Climate and Wildlife Minister Evelyn Ndlovu are contained in a Statutory Instrument of an Extraordinary Government Gazette published on Thursday and are cited as the Environmental Management (Environmental Liability: Polluter Pays) Regulations, 2026.

“The Polluter Pays Principle is hereby established as a binding principle of environmental law in Zimbabwe. The principle referred to in subsection (1) shall be observed by every competent authority in the exercise of any function conferred or imposed upon it under the Act or any law relating to the environment,” read the regulations.

The regulations impose liability on pollutants of the environment.

“Any person who causes environmental damage or creates an imminent threat of such damage shall be liable for remediation, being the  taking of any measure necessary to restore the damaged environment to its baseline condition, including the removal of pollutants, the rehabilitation of affected land, water, or ecosystems and the replacement or restoration of any natural resource that has been damaged or destroyed,” reads the regulation.

The culprits will also be required to provide compensation, being the payment of an amount equivalent to the value of the natural resources damaged, the loss of ecosystem services, and any consequential loss or damage suffered by any person or community as a result of the environmental damage.

The regulations also provide for any other measures that may be prescribed by way of directive, notice, or order, including the provision of financial security, performance bonds, or environmental insurance sufficient to guarantee the discharge of the liability.

“Environmental liability under subsection (2) shall arise regardless of — whether the polluter held a permit, licence, or authority to carry out the activity giving rise to the pollution; whether the pollution or degradation was the result of a single event or of cumulative, continuous, or historic activities; or whether the harm to the environment or to affected persons was immediate or manifested over time,” reads the regulation.

In terms of the regulations, every person is duty bound to report to the Environmental Management Agency about any damage to the environment.

“Any person who causes or becomes aware of the environmental damage or an imminent threat shall — immediately notify the Agency; take all reasonable  measures to contain and prevent further damage, within 14 days, submit a remediation plan to the Agency for approval,” read the regulations.

“Any person who fails to comply with any provision of these Regulations shall be liable to the penalties prescribed under the Environmental Management Act (Chapter 20:27) and any other relevant law.”

Some of the consequences for non compliance include imposition of administrative fines by EMA, criminal prosecution leading to a fine or imprisonment, or both, civil liability for the costs of remediation and restoration, suspension or revocation of any environmental permit or licence held by the operator or any combination of the measures.

“The Agency shall, upon establishing non-compliance, refer the matter for the appropriate legal action in accordance with the applicable law,” read the regulations.