Reference Library

Child Care and Protection Act; Labour Act provisions on young persons; ILO implementation guidance

Prohibits worst forms of child labour; regulates employment age and hazardous work for children; requires reporting of worst forms. Thresholds: many hazardous activities prohibited under 18.

Communal Land Reform Act, 2002 (Act No.5 of 2002), as amended (2005, 2013); Communal Land Boards Rules / Regulations (2004)

communal land is State land held in trust for traditional communities. Individuals may apply for customary land rights (residential, farming unit) or leasehold rights. Customary rights are limited in size (farming units less than 20 hectares in many contexts unless defined otherwise), subject to endorsement by recognized Traditional Authority, registration with the Communal Land Board. Rights are time-limited (not freeholds), not alienable as freehold. CLR also prohibits the sale of communal land as freehold. Erection of fences without permission, illegal occupation etc. are controlled.

Consumer Protection Act (No. 68 of 2003); National Consumer Protection Policy 2020

Rules on unfair trade practices, product safety, consumer rights, warranties, contract terms; obligations for service providers to provide accurate information and redress channels.

Disaster Risk Management Act (Act No. 10 of 2012) and the Disaster Risk Management Regulations (2013). Also the National Disaster Risk Management Policy (2009) and National Disaster Risk Management Plan (2011).

The DRM Act requires preparation of DRM plans at national, regional and local levels; plans must include prevention, mitigation, preparedness, response, recovery and rehabilitation. Plans must anticipate likely disaster types, allocate roles/responsibilities, include early-warning systems, and test contingency plans. For infrastructure considered critical (energy), DRM/commercial continuity planning is a best practice and often a statutory expectation of the DRM Regulations, particularly where disasters would have systemic impacts.

Environmental Management Act (EMA) (EIA process) and EIA Regulations

EIA required for projects likely to significantly affect environment; public participation (community consultation) is core requirement; social impact & resettlement requirements where applicable.

Environmental Management Act No. 7 of 2007; (general pollution control provisions)

EMA imposes duty to prevent pollution and requires environmental controls as part of ESIA/ECC; specific numeric ambient/effluent standards are implemented via guidance and sector norms. Emission controls expected for sources such as gensets, workshops, fuel storage and waste discharges.

Environmental Management Act, 2007 (Act No. 7 of 2007) and the Environmental Impact Assessment (EIA) Regulations (GN 30 of 2012), Ministry of Environment, Forestry and Tourism’s (MEFT’s) Department of Environmental Affairs (DEA)

Projects listed in the EIA Regulations (including Energy Generation, Transmission and Storage Activities) trigger screening; if a listed activity or potential for significant environmental/social impacts exists the proponent must submit an IEE or full ESIA and an EMP. The ECC will contain conditions for operational pollution, waste handling, monitoring and community consultation.

Forest Act, 12 of 2001; Nature Conservation Ordinance (Ordinance 4 of 1975), plus regulations under MEFT; also linked to national forestry policy and regional bylaws.

If land clearing for infrastructure, harvesting of trees, removing vegetation cover in forested or protected areas → requires permit under Forest Act. Projects may also require an ECC under EMA if they are “listed activities” involving land clearing / deforestation or vegetation removal. GMG sites that require clearing for solar panels, battery housing, etc., may trigger these.

Hazardous Substances Ordinance, 1974 ; Environmental Management Act; draft National Policy on WEEE and Hazardous Substances Regulations (Group I etc.).

• Hazardous Substances Ordinance: licensing/permits required for manufacture, storage, handling and sale of Group I hazardous substances; battery recycling / treatment, storage, and certain chemical uses trigger licensing. • EMA & EIA Regulations: large material storage or hazardous waste handling triggers EIA screening and specific EMP conditions for material handling and transport. • Draft WEEE Policy: proposes Extended Producer Responsibility (EPR), collection, treatment and licensed recycling of e-waste incl. batteries & PV modules; producers/importers would have responsibilities for finance & take-back.

Labour Act & Regulations (worker protection, H&S regulations)

No single “agent safety” statute — obligations derived from employer duties under Labour Act and OHS regs (duty of care), and criminal law/prosecution for attacks/robbery. Security sector licensing under Police/Ministry of Home Affairs for private security firms.

Labour Act No. 11 of 2007 (Labour Act)

Regulates employment contracts, hours, termination, collective bargaining, dispute resolution; sets minimum standards (e.g., payment, leave).

Labour Act No. 11 of 2007 (Labour Act); Combating of Trafficking in Persons Act 1 of 2018;

Criminalises trafficking, forced labour and related practices; victim protection measures; obligations to investigate & prosecute.

Labour Act No. 11 of 2007 (OHS provisions); National OHS guidelines; Draft Occupational Safety & Health Bill (2024)

Employers must provide safe systems, PPE, training and incident reporting; specific electrical/battery safety standards required in practice

National Heritage Act, 2004 (Act No. 27 of 2004), plus the National Heritage Regulations (GN No. 106 of 2005).

If a place or object is declared a heritage place or object, then any removal, demolition, alteration, excavation, relocating or destruction requires a permit under the Act. Also, any works in or affecting a heritage site may require ESIA, depending on heritage significance. Developers must check whether their site is heritage-affected. For example, heritage objects include moveable property of cultural significanc

Nature Conservation Ordinance (Ordinance 4 of 1975); Controlled Wildlife Products and Trade Act, Act 9 of 2008 (amended); regulations under MEFT for protected species; + community conservancy and game management laws.

GMGs if they affect wildlife habitats (protected species nearby) would need ESIA to address impacts; also need to avoid or mitigate wildlife disruption (fencing, lighting, habitat fragmentation).

Solid and Hazardous Waste Management Regulations, Local Authorities Act, 1992,The Environmental Management Act, 2007 (Act 7), National E-waste Monitor (2024)

Projects/activities listed in the EMA Regulations (Listed Activities) that may generate operational pollution or solid/hazardous waste (e.g., fuel storage, workshops, waste storage/transfer, small-scale waste disposal facilities) require ECC screening; where potential significant impacts exist, proponents must prepare an IEE/ESIA and an Environmental Management Plan (EMP) that includes waste handling, hazardous-waste management, spill prevention and monitoring.

The Environmental Management Act, 2007 (Act 7), Draft National Policy on Management of Waste Electrical and Electronic Equipment (WEEE, 2020-2021) ; National E-waste Monitor (2024)

EMA requires proper handling and disposal of hazardous waste; e-waste / batteries are explicitly highlighted in national WEEE policy drafts and monitoring reports. Producers / importers / operators have responsibilities under waste regulations. Extended Producer Responsibility (EPR)

Urban and Regional Planning Act, 2018 (Act No. 5 of 2018), Agricultural (Commercial) Land Reform Act, 1995 (Act No. 6 of 1995)

Any development, subdivision or consolidation of land must conform to applicable zoning scheme and land-use plan. Changing land use (e.g. residential, industrial, commercial) or altering the approved land use / zoning requires planning permission / land-use approval under the Urban & Regional Planning Act. Subdivision or consolidation similarly needs approval

Water Resources Management Act, 2013 (Act No. 11 of 2013). Water Resources Management Regulations (GN No. 269 of 2023).

Abstraction & discharge require permits; site must demonstrate availability & minimal impact; effluent discharge subject to ECC & water quality norms.