Category: Principal Legislation

CHAPTER 53:03MALAWI ENGINEERING INSTITUTION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE MALAWI ENGINEERING INSTITUTION 3. Establishment of Malawi Engineering Institution 4. Board of Malawi Engineering Institution 5. Election to the Board of Institution 6. Tenure and vacancy 7. Functions of the Institution 8. Powers of the Institution 9. Committees of the Board 10. Meetings of the Institution PART IIIADMINISTRATION 11. Divisions of the Institution 12. Branches of the Institution 13. Secretariat 14. Inspectors 15. Non-compliance with an inspector 16. Remuneration 17. Limitation of personal liability 18. Custody and use of common seal PART IVTHE ENGINEERING REGISTRATION COUNCIL 19. Engineering Registration Council 20. Tenure and vacancy 21. Functions of Registration Council 22. Meetings of Registration Council 23. Committees of Registration Council 24. Remuneration and allowances PART VREGISTRATION, CLASSIFICATION AND PRACTICE 25. Registration as prerequisite for practice 26. Registers of members 27. Application for registration 28. Registration as fellow 29. Registration as professional engineer 30. Registration as associate engineer 31. Registration as graduate engineer 32. Registration as student engineer 33. Registration as technologist 34. Registration as technician engineer 35. Registration as trainee technician engineer 36. Registration as engineering technician 37. Registration as trainee engineering technician 38. Registration as craftsperson 39. Registration of corporate members 40. Engineering qualifying examination 41. Registration of qualified foreign engineers and firms 42. Selection and registration of mentors 43. Correction of registers 44. Non-eligibility for registration 45. Honorary fellows 46. Certificates, membership cards and stamps PART VIDISCIPLINE 47. Disciplinary Committee 48. Powers of Disciplinary Committee 49. Proceedings of Disciplinary Committee 50. Professional misconduct 51. Application of rules of natural justice 52. Report of proceedings 53. Code of ethics PART VIIOFFENCES 54. Unlawful practice of engineering 55. Unlawful use of titles or descriptions 56. Employment of non-registered persons 57. Fraudulent entries and copies 58. Liability of partners in a firm PART VIIIFINANCIAL PROVISIONS 59. Funds of the Institution 60. Investment powers 61. Borrowing powers 62. Annual budgets 63. Books of accounts, audits and reports PART IXMISCELLANEOUS 64. Engineering appointments 65. Regulations 66. Repeal and savings 67. Transfer of assets and liabilities 68. Transitional provisions 69. Legal proceedings 70. Transfer of employees 13 of 2019G.N. 87/2020 An Act to establish the Malawi Engineering Institution as the authority of the engineering profession for qualifications, registration and discipline; establishment of the Malawi Engineering Institution and the Engineering Registration Council; to provide for the regulation, registration, promotion and development of the profession of engineering in Malawi; and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Malawi Engineering Institution Act. 2. Interpretation In this Act, unless the context otherwise requires— “allied discipline” means a discipline or profession as prescribed by the Institution; “accredited educational institution” means any university, institution, college or school of engineering or other educational establishment accredited by the National Council for Higher Education in accordance with the National Council for Higher Education Act with the approval of the Institution; “approved employment” means employment which is within the prescribed engineering work or activity constituting the practice of engineering under section 26 (8) or of any other work or activity required under this Act or any other written law, to be done or performed by a person registered under this Act; “Board” means the Board of the Institution established under section 4; “corporate member” means a legal person or a division thereof accorded such membership under section 39; “craftsperson” means a person registered as a craftsperson under section 38; “Current Register” means the part of the Register of registered members as designated under section 26 (6); “Disciplinary Committee” means the Disciplinary Committee of the Institution constituted under section 47; “engineering” means the doing or performing of any prescribed engineering work or activity constituting the practice of engineering under section 26 (8) or of any other work or activity required under this Act or any other written law, to be done or performed by a person registered under this Act; “engineering appointments” means appointments required under section 64 to be taken by persons registered under this Act as professional engineers, technologists, technician engineers, engineering technicians and craftspersons; “engineering technician” means a person registered as an engineering technician under section 36; “financial year” means the period commencing on the date of commencement of this Act and ending on the following 30th June, and thereafter the period of twelve months from 1st July of one year to 30th June of each following year; “Institution” means the Malawi Engineering Institution established under section 3; “Main Register” means the part of the Register of Registered Members designated as Main Register under section 26 (6); “prescribed engineering work or activity” means any engineering work or activity prescribed as the practice of engineering pursuant to section 26 (8) and includes any…

CHAPTER 20:01ACCESS TO INFORMATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application 4. Objects 5. Access to information 6. Primacy PART IIOVERSIGHT MECHANISM FOR IMPLEMENTATION OF ACCESS TO INFORMATION 7. Designation of the Commission 8. Powers of the Commission 9. Publication of guidelines 10. Immunity of the Commission 11. Submission of reports PART IIICOMPLIANCE WITH ACCESS TO INFORMATION OBLIGATIONS 12. Appointment of information officers and establishment of procedures for compliance with this Act 13. Record keeping and maintenance of records 14. Capacity building for staff and provision of requisite infrastructure PART IVDISCLOSURE OF CERTAIN CATEGORIES OF INFORMATION 15. Disclosure of information 16. Preparation and disclosure of information manuals 17. Annual reports PART VPROCEDURE FOR ACCESS TO INFORMATION 18. Request for access to information 19. Processing of requests for information 20. Third party notification 21. Partial disclosure of information 22. Means by which communication is to be provided to an applicant 23. Transfer of request for information to relevant institutions 24. Fees 25. Refusal of disclosure of requested information 26. Information that cannot be found or does not exist 27. Deemed denial PART VIINFORMATION EXEMPT FROM DISCLOSURE 28. Limitation on the right of access to information 29. Protection of personal information 30. Protection of information that preserves national security or defence 31. Protection of information to preserve the life, health and safety of a person 32. Protection of legally privileged information 33. Protection of information ongoing academic or recruitment processes 34. Protection of information on Malawi’s international relations 35. Protection of commercial and confidential information of an information holder or a third party 36. Manifestly malicious, frivolous or vexatious requests 37. Third parties to be notified of disclosure of exempted information 38. Proof of exemption to be shown when disclosure is denied PART VIIINTERNAL REVIEW OF DECISIONS OF INFORMATION HOLDERS 39. Right of internal review of decisions of information holders 40. Application for internal review of decisions of information holders 41. Decision on internal review 42. Decision making on internal review not to be delegated 43. Deemed refusal under an internal review process PART VIIIREVIEW OF DECISIONS OF INFORMATION HOLDERS 44. Review of decisions of information holders 45. Examination of record 46. Report of findings 47. Information on determinations 48. Provision of access to information 49. Application to Court for review PART IXPROTECTION OF WHISTLE BLOWERS 50. Protection of whistle blowers PART XOFFENCES AND PENALTIES 51. Prevention of disclosure of information 52. False information 53. Wrongful denial of disclosure of information 54. Misuse of disclosed information PART XIMISCELLANEOUS 55. Regulations 56. Transitional arrangements SCHEDULE 13 of 2017G.N. 70/2020 An Act to provide for the right of access to information in the custody of public bodies and relevant private bodies; the processes and procedures related to obtaining that information; and to provide for matters connected therewith or incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Access to Information Act. 2. Interpretation In this Act, unless the context otherwise requires— “Commission” means the Human Rights Commission established under Chapter XI of the Constitution; “Court” means the High Court of Malawi or a Court of a Resident Magistrate; “information” includes an original or copy of any material, record or document which communicates facts, opinion, data or any other matter regardless of its form, characteristics or date of creation, that is in the custody or under the control of any information holder to which this Act applies; “information holder” means a public body and a relevant private body; “personal information” means information about an identifiable individual including— (a) information relating to the race, colour, sex, language, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition of the individual; (b) information relating to the education, medical, or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and (f) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; “private body” means a person or organization, not being a public body, who or which carries out any business in relation to public interest, or to rights and freedoms of people; “public body” means the Government, a statutory body, or any other body appointed by the Government to carry out public functions; “record” means any recorded information, in any format, including an electronic format in the possession or control…

CHAPTER 70:01CIVIL AVIATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Application PART IITHE CIVIL AVIATION AUTHORITY 4. Establishment of the Civil Aviation Authority 5. Independence of the Authority 6. Functions of the Authority 7. Powers of the Authority 8. Composition of the Authority 9. Appointment of members 10. Disqualification from membership 11. Tenure of office 12. Vacation from office 13. Filling of vacancies 14. Meetings 15. Committees 16. Co-opted persons 17. Allowances of members 18. Director General 19. Tenure of office 20. Removal from office 21. Duties of the Director General 22. Appointment of other staff of the Authority 23. Delegation of duties of the Director General 24. Protection from liability PART IIIFINANCIAL PROVISIONS 25. Funds of the Authority 26. Business plan 27. Financial year 28. Annual estimates and budget 29. Borrowing powers 30. Bank accounts 31. Records, audits and accounts of the Authority PART IVUSE OF AIR SPACE, SAFETY AND SECURITY IN CIVIL AVIATION 32. Safety in civil aviation 33. Use of airspace, air navigation facilities and services management 34. Air traffic rules 35. Dissemination of meteorological data 36. Safety and security of persons 37. Transport of dangerous goods by air 38. Inspection of aircraft and aerodromes 39. Right of access for inspection 40. Safety and Security Standards Inspectorate 41. Power to obtain information, documents and evidence 42. Use of aviation information PART VCERTIFICATES, LICENCES AND AUTHORIZATIONS 43. Issuance of certificate, licence and authorization 44. Variation, suspension and revocation of certificates or licences PART VIAERODROMES 45. Powers related to aerodromes 46. Acquisition of land 47. Access to land PART VIIAIR ACCIDENT AND INCIDENT INVESTIGATION 48. Accident investigation procedures 49. Investigation and enforcement proceedings PART VIIITHE CIVIL AVIATION TRIBUNAL 50. Establishment of the Civil Aviation Tribunal 51. Jurisdiction of the Tribunal 52. Powers of the Tribunal 53. Composition of the Tribunal 54. Tenure and vacation of office 55. Allowances 56. Proceedings before the Tribunal 57. Awards by the Tribunal 58. Appointment of assessors 59. Contempt 60. Disclosure of interest 61. Appeals 62. Reference of matters to the Tribunal PART IXOFFENCES AND PENALTIES 63. Place of commission of offence 64. Operating aircraft without certificate, licence or authorization 65. False or misleading aircraft markings 66. Interference with air navigation 67. Interference with crew members 68. Interference with aircraft operations 69. Removal of parts of aircraft involved in accident 70. Aircraft piracy 71. Transportation of dangerous goods 72. Refusal to testify or produce documents 73. Giving of false information 74. Reporting and record keeping violations 75. Failure to comply with interception order 76. Dangerous flying of aircraft 77. Failure to comply with summons or giving of misleading information 78. General penalty PART XMISCELLANEOUS 79. Exemptions 80. Trespass, nuisance and responsibility for damages 81. Noise and vibration 82. War and emergencies 83. Infringement of patents 84. Exemption of certain aircraft and parts from seizure or patent claims 85. Detention of aircraft 86. Requisition of search and rescue 87. Indemnification of the Government and certain officers 88. Capacity building 89. Rules, orders, directives, circulars and notices 90. Record keeping 91. Publications 92. Regulations 93. International obligations 94. Assessment and audits PART XITRANSITIONAL PROVISIONS 95. Vesting of assets 96. Repeal and savings 28 of 2017G.N. 88/2020 An Act to provide for civil aviation matters and give effect to the Chicago Convention and related conventions; to provide for the establishment of the Civil Aviation Authority in order to ensure the control, regulation and orderly development of civil aviation in Malawi; to foster safe, sustainable development and security of civil aviation; and to provide for matters incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Civil Aviation Act. 2. Interpretation In this Act, unless the context otherwise requires— “accident” means any occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time a person boards the aircraft with the intention of flight until the time when all persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until the time when it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (a) a person is fatally or seriously injured as a result of— (i) being in the aircraft; (ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or (iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; (b) the aircraft sustains damage or structural failure which— (i) adversely affects the structural strength, performance…

CHAPTER 64:01PLANT PROTECTION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIPRINCIPLES OF PLANT PROTECTION 3. Principles of plant protection and phytosanitary control PART IIIADMINISTRATION 4. The Plant Protection Unit 5. Plant health inspectors 6. Powers of plant health inspectors 7. Duties of plant health inspectors 8. Responsibilities and obligations of persons in relation to plant protection PART IVIMPORT AND EXPORT 9. Importation 10. Declaration of arrival of plants and plant products for inspection 11. Inspection 12. Import clearance 13. Notification of interceptions 14. Import procedures 15. Consignment for re-export 16. Consignment in transit 17. Export PART VPEST CONTROL 18. Quarantine objects under phytosanitary control 19. Declaration of quarantine pests 20. Declaration of quarantine in an area 21. Restrictions and phytosanitary measures applied in the quarantine declared areas 22. Declaration of areas of low pest prevalence 23. Declaration of pest free areas 24. Compensation 25. Sale by nurserymen of plants infested with an injurious organism 26. Appeals PART VIMISCELLANEOUS 27. Limitation of actions against Government 28. Offences and penalties 29. Regulations 30. Repeal and savings 19 of 2018G.N. 67/2020 An Act to provide for the protection of plants, the establishment of the Plant Protection Unit; for the eradication of pests and diseases destructive to plants; for the prevention of the introduction and spread of pests and diseases destructive to plants and plant products; for the promotion of appropriate measures for their control; for the repeal of the Plant Protection Act (Cap. 64:01); and for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Plant Protection Act. 2. Interpretation In this Act, unless the context otherwise requires— “area of low pest prevalence” means an area within Malawi, as identified by the Unit in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures; “board of inquiry” means a board of inquiry appointed for the purposes of appeals under section 26; “consignment” means a quantity of plant material or other regulated articles being moved within, or and from Malawi, and covered when required, by a single phytosanitary certificate; “container” means any box, bag, case, package, pot, sack or other receptacle in which plant material or other regulated articles have been or are being transported, and includes any covering, wrapping or packing material; “conveyance” means any vessel, aircraft, train, vehicle, cart, container, animal or any other thing that can convey plants, plant products, pest, soil or other regulated articles from one place to another; “disease” means malfunctioning of the physiological and morphological characteristics of a plant, transmissible or believed to be transmissible by a causal agent or by the propagation of an infected plant; “endangered area” means an area where ecological factors favor the establishment of a pest whose presence in the area will result in economically important loss; “FAO” means the Food and Agricultural Organization; “growing medium” means an element, including soil, capable of being used for the propagation or culture of plants; “harmful organisms” means any species, strain or biotype belonging to the animal kingdom or plant kingdom or pathogenic, infectious agent— (a) inimical to the growth or existence of living plants; (b) injurious to plants or plant products; or (c) capable of producing a disease; “host plant” means a plant that supplies food resources and substrate for a pest; “import permit” means an official document authorizing importation of a plant, plant product or regulated article; “importation” means the introduction of plants, plant products or any regulated articles into Malawi, however acquired, and for whatever purposes; “infested area” means any area or place in which a pest exists; “inspection” means the examination of any aspect in relation to plant health in order to verify that such aspect complies with the plant protection requirements under this Act; “interception” means the refusal or controlled entry of an imported consignment due to failure to comply with phytosanitary rules; “international standards” means standards developed under the IPPC and FAO; “introduction” means the entry of a pest resulting in its establishment; “invertebrate” means a living animal species without a backbone in whatever stage of development it may be; “IPPC” means the International Plant Protection Convention; “nursery” means land or premises where nursery stock is grown or cultivated; “nurseryman” means the owner or other person responsible for the management of a nursery; “nursery stock” means woody perennial plants grown or cultivated for the purpose of trade; “owner” in relation to land or premises, includes a joint owner, part owner, lessee or occupier, or the agent of such owner, joint owner, part owner, lessee or occupier; “pest” means any species, strain or biotype of plant, animal or pathogenic, infectious agent injurious to plants or plant products; “pest free area” means an area in which a specific…

CHAPTER 64:03PLANT BREEDER’S RIGHTS ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIADMINISTRATION 3. Administration of the Act 4. Technical Advisory Committee 5. Meetings of the Committee 6. Functions of the Committee 7. Plant Breeder’s Rights Department 8. Registrar of Plant Breeder’s Rights and other staff 9. Functions of the Registrar 10. Register PART IIIAPPLICATION FOR AND GRANT OF PLANT BREEDER’S RIGHTS 11. Requirements for plant breeder’s rights 12. Prior knowledge or publication of new plant excused in certain circumstances 13. Persons entitled to make application 14. Application for plant breeder’s rights and effective date thereof 15. Description and samples of new varieties 16. Name of plant variety 17. Refusal of application 18. Amendment of an application 19. Publication of an application 20. Rights of applicant for plant breeder’s rights 21. Exemptions to the rights of a breeder 22. Objection to grant of plant breeder’s rights 23. Grant or refusal of plant breeder’s rights 24. Cancellation of plant breeder’s rights 25. Duty of a holder of plant breeder’s rights 26. Rights of a holder of plant breeder’s rights 27. Exceptions to plant breeder’s rights 28. Surrender of plant breeder’s rights PART IVLICENSING 29. Licences 30. Compulsory licences PART VAPPEALS 31. Appeals Committee 32. Assessors 33. Time for appeals 34. Right of audience 35. Notifications by Registrar to the Appeals Committee 36. Review by the High Court PART VIOFFENCES AND PENALTIES 37. Falsification of documents 38. Failure to obey order of Appeals Committee or giving false evidence 39. Deceiving or improper influencing of officer 40. Unauthorized claim of plant breeder’s rights or use of authorized name 41. Offences by officers 42. General penalty PART VIIFINANCIAL PROVISIONS 43. Plant Breeder’s Rights Fund 44. Levy 45. Administration of the Fund 46. Objectives of the Fund 47. Application of the Fund 48. Holding of the Fund 49. Books and other records of accounts and audit and reports of accounts 50. Financial year PART VIIIGENERAL 51. Foreign applications 52. Exercise of discretion by the Registrar 53. Rights of patent agents and attorneys 54. Powers of Registrar to make corrections 55. Rectification of the Register 56. Evidence of certain entries and documents 57. Inspection and provision of certified copies of entries in Register 58. Preservation of secrecy PART IXMISCELLANEOUS 59. Application of this Act to the Government 60. Assignment etc. of plant breeder’s rights 61. Plant breeder’s rights granted in respect of existing varieties 62. Regulations 20 of 2018G.N. 68/2020 An Act to provide for the registration of plant breeder’s rights in respect of certain kinds of plants and the protection of the rights of persons who are registered as the holders of plant breeder’s rights; and to provide for matters incidental thereto or connected therewith PART IPRELIMINARY 1. Short title This Act may be cited as the Plant Breeder’s Rights Act. 2. Interpretation In this Act, unless the context otherwise requires— “Appeals Committee” means the Appeals Committee appointed under section 31; “assignee” in relation to a new variety, means— (a) a person who has derived his title to a new variety for Malawi directly or indirectly from the breeder or owner thereof; or (b) the legal representative of a person who has derived his title to a new variety for Malawi directly or indirectly from the breeder or owner thereof; “breeder” means— (a) a person or legal entity who bred, or discovered and developed a variety; (b) a person or legal entity who is the employer of the person mentioned under (a) or who has commissioned the latter’s work; or (c) the successor in title of the first or second person mentioned in (a) or (b), as the case may be; “Committee” means the Technical Advisory Committee appointed under section 4; “date of application” means the effective date of an application for plant breeder’s rights under section 13; “foreign application” means an application made under section 51, in respect of a variety which has its origin outside Malawi; “hybrid” means the first generation progeny of a cross which is produced under controlled pollination with parents sufficiently uniform to permit repeated production of the hybrid without change in uniformity or stability; “kind” in relation to a plant, means all related species, sub-species and varieties of any plant which are known by the same common name; “legal representative” means the— (a) liquidator or receiver of a company; or (b) representative recognized by law of any person who— (i) has died; (ii) has become insolvent or bankrupt; (iii) has assigned his estate; (iv) is an infant or minor; (v) is of unsound mind; or (vi) is otherwise under a disability; “new variety” means any plant variety that complies with the requirements of section 11; “officer” means the Registrar or examiner or any other officer appointed in terms of section 8; “plant breeder’s rights” means…

CHAPTER 65:03CANNABIS REGULATION ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE CANNABIS REGULATORY AUTHORITY 3. Establishment of Cannabis Regulatory Authority 4. Composition 5. Tenure and vacancies 6. Committees of the Board 7. Allowances and expenses 8. Functional independence of the Authority 9. Functions of the Authority 10. Powers of the Authority 11. Meetings 12. Personal attendance of meetings 13. Disclosure of interest 14. Oath of confidentiality 15. Protection from liability PART IIIADMINISTRATION 16. Secretariat 17. Director General 18. Duties and responsibilities of Director General 19. Removal of Director General 20. Secretary and Registrar of the Authority 21. Staff of the Authority PART IVFINANCIAL PROVISIONS 22. Funds of the Authority 23. Accounting and audit PART VLICENCES AND PERMITS 24. Requirement for a licence 25. Application for a licence 26. Grant or refusal of application 27. Particulars of licence or permit 28. Licensing of legal persons 29. Annual returns to be submitted 30. Cancellation on other grounds 31. Cessation of activities 32. Permits for scientific research purposes PART VIOBLIGATIONS OF LICENSEE 33. Compliance with security measures 34. Production practices 35. Processing of cannabis 36. Packaging 37. Accuracy in product description 38. Product labeling 39. Net weight for containers 40. Shipping, import and export PART VIILABORATORY, POSSESSION AND USAGE OF CANNABIS 41. Persons authorized to handle medicinal cannabis 42. Record keeping 43. Destruction or disposal 44. Prohibition of misleading advertisement or conducting a pharmacy PART VIIIINSPECTION 45. Inspectors 46. Powers of an inspector 47. Non-compliance with an inspector PART IXMISCELLANEOUS 48. Decriminalization of cannabis 49. Fees, cess and levy 50. Offences 51. General and other penalties 52. Appeals 53. Review by the High Court 54. Annual reports and reporting 55. Powers of the Minister SCHEDULE 6 of 2020G.N. 69/2020 An Act to make provision for regulation of research, cultivation, production, processing, possession, storage, exportation, importation, sale, distribution, and use of cannabis and its products for medicinal, industrial or scientific purposes under prescribed conditions and to provide for matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Cannabis Regulation Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Cannabis Regulatory Authority as established under section 3 of this Act; “cannabis” means medicinal cannabis or industrial hemp; “cannabis crude oil” means a concentrated crude oil after processing of the cannabis flowers, in liquid form at room temperature of twenty-two degrees Celsius or negative two degrees Celsius that will contain concentrated amounts of cannabinoids and terpenes in their natural form; “cannabis isolate” means a powder or crystal, in solid form at room temperature of twenty-two degrees Celsius or negative two degrees Celsius that contains isolated elements of any cannabinoid compound in its natural form; “caregiver” means a person who is providing care to a minor qualified patient or a critically ill qualified patient and is permitted to access medicinal cannabis on behalf of the qualified patient; “Chairperson” means a Chairperson of the Authority appointed pursuant to section 4; “child” has the meaning ascribed to that term under the Constitution; “Deputy Chairperson” means the Deputy Chairperson of the Authority appointed pursuant to section 4; “industrial hemp” means a cannabis plant, or any part thereof, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than one per cent in the plant material or such other concentration as may be prescribed by the Minister by order published in the Gazette, and may include— (a) any fibre extracted from the plant for use as or in the manufacture of cordage, canvas or similar products; (b) any seed which has been crushed, comminuted or otherwise processed in such a manner as to prevent germination; (c) the fixed oil obtained from the seed; and (d) any flowers that has been processed into extracts or isolates for use in industrial applications; “inspector” means a person appointed or designated as an inspector pursuant to section 45; “licensee” means a person licensed under this Act and includes a permit holder issued under this Act; “marijuana (chamba)” means all parts of the cannabis plant from which resin has not been extracted and includes any resin obtained from that plant but does not include— (a) medicinal preparations made from that plant; or (b) industrial hemp; “medical practitioner” bears the meaning of the term as ascribed under the Medical Practitioners and Dentist Act; “medicinal cannabis” refers to final medicinal products that are approved to help alleviate the suffering of patients, including the processed cannabis flowers, extracts, resin, crude oil, distillate and isolates that are utilized in an approved medical product with the relevant licensing and certification; “qualified patient” means an individual who has a medical condition and has a medical recommendation to use medicinal cannabis and is identified and tracked through Registry Identification Cards (RIC) maintained by the Authority;…

CHAPTER 65:07GREENBELT AUTHORITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation 3. Designation of Greenbelt area PART IITHE GREENBELT AUTHORITY 4. Establishment of the Greenbelt Authority 5. Composition 6. Functions 7. Powers 8. Co-operation with other bodies 9. Tenure of office 10. Vacancies 11. Committees 12. Allowances and expenses 13. Meetings 14. Personal attendance of meetings 15. Disclosure of interest 16. Oath of secrecy 17. Protection from liability PART IIIADMINISTRATION 18. Secretariat of the Authority 19. Chief Executive Officer 20. Duties and responsibilities of Chief Executive Officer 21. Removal of the Chief Executive Officer 22. Secretary to the Authority 23. Other staff of the Authority PART IVFINANCIAL PROVISIONS 24. Funds of the Authority 25. Accounts and audit PART VMISCELLANEOUS 26. Offences 27. Reporting 28. Powers of the Minister PART VITRANSITION 29. Undertakings and legal proceedings, etc. 30. Transfer of assets, funds, liabilities, etc. 31. Transfer of employees SCHEDULE 23 of 2017G.N. 41/2020 An Act to provide for the designation of the Greenbelt area; for the establishment of the Greenbelt Authority and matters connected therewith and incidental thereto PART IPRELIMINARY 1. Short title This Act may be cited as the Greenbelt Authority Act. 2. Interpretation In this Act, unless the context otherwise requires— “Authority” means the Greenbelt Authority established under section 4 of this Act; “chairperson” means the chairperson of the Authority appointed under section 5 of this Act; “committee” means a committee of the Authority established under section 8 of this Act; “Chief Executive Officer” means the Chief Executive Officer appointed under section 19 of this Act; “Greenbelt area” means an area designated by the Minister for large scale irrigation development whose main purpose is to accelerate socio-economic transformation through increased agricultural productivity, agro-processing and easy access to markets; “member” means a member of the Authority appointed under section 5 (1) (a) of this Act; and “Trust” means the Registered Trustees of the Greenbelt Initiative Trust, duly incorporated under the Trustees Incorporation Act. 3. Designation of Greenbelt area The Minister may, in consultation with the relevant authorities, by order published in the Gazette, designate an area as a Greenbelt area. PART IITHE GREENBELT AUTHORITY 4. Establishment of Greenbelt Authority There is hereby established an Authority to be known as the Greenbelt Authority (in this Act otherwise referred to as the “Authority”) which shall be a body corporate with perpetual succession and a common seal and be capable of— (a) acquiring, holding and disposing of real and personal property; (b) suing and being sued in its own name; and (c) doing or performing all such acts and things as bodies corporate may, by law, do or perform. 5. Composition (1) The Authority shall consist of— (a) a chairperson and five other members appointed by the President, subject to confirmation by the public appointments Committee of Parliament, taking into account representation from the following sectors— (i) farmers’ organizations; (ii) legal profession; (iii) accounting profession; (iv) irrigation or related engineering; and (v) private sector; (b) the following ex officio members— (i) the Secretary responsible for irrigation, or his designated representative; (ii) the Secretary to the Treasury, or his designated representative; and (iii) the Secretary responsible for lands, or his designated representative. (2) A member of the Authority other than an ex officio member shall not, by reason only of his appointment as a member of the Authority, be deemed to be an employee in the public service. (3) The Minister shall publish names of all members of the Authority, as first constituted, and every change in the membership, in the Gazette. (4) A person other than an ex officio member shall not be qualified for appointment as a member of the Authority if he— (a) does not possess— (i) a minimum educational qualification of a bachelor’s degree or its equivalent from a recognized and reputable educational institution; and (ii) expertise and experience in a field relevant to the functions and responsibilities of the Authority; (b) holds a political office or is an active member of a political party; (c) is an officer, member or employee in a public institution; (d) is adjudged or declared bankrupt; and (e) would for any other reason be disqualified by law from serving as a director of a company or as trustee. (5) The Authority may, where necessary, taking into account the nature of the matter to be deliberated, invite any person to attend a meeting of the Authority or any of its committees and participate in the deliberations or to make a presentation or to be asked questions, on any matter, but the person so invited shall not be entitled to vote. (6) An ex officio member of the Authority shall not be eligible to be appointed chairperson or deputy chairperson of the Authority. (7) In making the appointments under subsection (1) (a), the…

CHAPTER 18:08CONTROL OF GOODS ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Application 4. Regulation of exports and imports 5. Application for institution and review of measures 6. Consultations 7. Representations 8. Request for review of measures 9. Review and variation of orders 10. Furnishing of information 11. Inspections 12. Obligations of inspectors 13. Review by the High Court 14. Offences and penalties 15. Regulations 16. Repeals and savings 15 of 2018G.N. 28/2020 An Act to regulate the import into and export out of Malawi, of certain classes of goods and for other matters connected therewith and incidental thereto 1. Short title This Act may be cited as the Control of Goods Act. 2. Interpretation In this Act, unless the context otherwise requires— “export” means goods taken out of or sent from Malawi; “goods” means all kinds of movable personal property, including— (a) anything capable of being imported or exported; (b) any kind of manufactured or unmanufactured commodity; and (c) any kind of animal or plant life; “goods in transit” means goods imported into Malawi for the sole purpose of being exported after transportation through Malawi; “import” means goods that are brought into Malawi; “interested party”, in relation to goods, includes— (a) a producer, exporter or importer; (b) any person or entity who has a beneficial interest; (c) a trade or business association of which a majority of its members are either producers, exporters or importers; (d) a trade or business association of which a majority of its members will be affected by any decision taken under this Act; (e) unions or other similar organizations representing the interests of farmers and other persons that may be affected by a measure; (f) consumer associations; or (g) any other person that the Minister considers appropriate; “regulated goods” means any goods or class of goods, the import into or the export from Malawi of which is prohibited, restricted or otherwise regulated by an order made pursuant to section 4 of this Act; and “trade remedy measures” includes anti-dumping duties, countervailing duties and safeguard measures. 3. Application This Act shall apply to imports and exports of goods in Malawi, including goods in transit or transhipment through Malawi. 4. Regulation of exports and imports (1) The Minister shall, by notice published in the Gazette,make orders to regulate the import or export of goods in Malawi, by prescribing that— (a) goods of a specified class may not be imported into or exported from Malawi; (b) goods of a specified class may not be imported into or exported from Malawi for a specified duration; and (c) goods of a specified class may not be imported into or exported from Malawi, except under the authority of a licence. (2) In making an order under subsection (1), the Minister shall take into consideration— (a) the provisions of section 6; (b) necessity or expedience in the public interest; or (c) an application by an interested party. (3) For purposes of subsection (2) (b), grounds of public interest include— (a) prevention of or relief to critical shortages of foodstuffs, food or other products essential to the country; (b) the protection of domestic industry from serious injury imposed by import surges; (c) ensuring the supply of essential raw materials; (d) the protection of consumers; (e) combating the spread of contagious human, animal or plant diseases; (f) protecting public health or safety; (g) the protection of the environment; (h) combating the illicit trade in narcotics, arms and ammunition, endangered species or any other prohibited goods; (i) maintaining balance of payments; (j) support of infant industries; (k) security of export proceeds; or (l) the prevention of criminal activity. (4) The Minister shall verify with relevant authorities that the thresholds that require intervention on grounds of public interest listed in subsection (3) have been reached and require measures to be taken under this Act. (5) The order made under this section shall be for a specified period not exceeding two consecutive years in order to address the problem identified. 5. Application for institution and review of measures (1) An interested party may, in the prescribed manner and form, on submission of evidence— (a) at any time, make an application to the Minister to consider instituting measures under section 4 (1); or (b) after publication of a measure in the Gazette, petition the Minister for variation, continuation, or revocation of an order made under section 4 (1). (2) An application made under subsection (1) shall contain sufficient information to allow the Minister to evaluate whether the grounds upon which the application has been made are in the public interest. (3) The Minister shall respond to an application made pursuant to this section, within fourteen days. 6. Consultations (1) The Minister shall consult relevant interested parties before a final determination is made to make an…

CHAPTER 60:02ENVIRONMENT MANAGEMENT ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IIGENERAL PRINCIPLES 3. National environment policy 4. Right to clean and healthy environment 5. Public participation in environment management 6. Inconsistent provisions in other written laws PART IIITHE MALAWI ENVIRONMENT PROTECTION AUTHORITY 7. Establishment of Malawi Environment Protection Authority 8. Powers of the Authority 9. Functions of the Authority 10. Composition of the Authority 11. Tenure of office of members of the Authority 12. Vacancies 13. Secretariat of the Authority 14. Meetings of the Authority 15. Remuneration of members of the Authority 16. Confidentiality 17. Disclosure of conflict of interest 18. Annual reports 19. Protection of members and employees PART IVOTHER INSTITUTIONAL ARRANGEMENTS FOR ENVIRONMENT MANAGEMENT 20. Oversight role of the Authority 21. Delegation of functions of the Authority 22. Powers of the Authority in respect of lead agencies 23. Roles of lead agencies 24. Reporting responsibilities of lead agencies 25. Advisory committees 26. District Environment Sub-Committees 27. Local environment and natural resources committees PART VENVIRONMENT PLANNING 28. Environment planning at national level 29. Environment planning at district level 30. Strategic environment assessment PART VIENVIRONMENT AND SOCIAL IMPACT ASSESSMENT, AUDITS AND MONITORING 31. Environment and Social Impact Assessment 32. Environment audits 33. Environment monitoring 34. Fees PART VIIENVIRONMENT STANDARDS 35. Basis for environment quality standards 36. Air quality standards 37. Water quality standards 38. Standards for discharge of effluent into water 39. Standards for control of obnoxious smells 40. Standards for control of noise and vibration 41. Soil quality standards 42. Standards for minimization of impact of ionizing and other radiation 43. Other environment quality standards 44. Standards under other written laws PART VIIIMANAGEMENT OF THE ENVIRONMENT AND NATURAL RESOURCES 45. Regulation of use and management of rivers and lakes 46. Protection of traditional and indigenous interests and rights 47. Management of riverbanks and lake shores 48. Regulation of use and management of wetlands 49. Protection of natural heritage sites 50. Identification of hilly and mountainous areas 51. Measures for the management of hill tops, hill sides and mountainous areas 52. Conservation of energy and use of renewable sources 53. Protection of the ozone layer 54. Control and management of factors affecting climate change 55. Duty to minimize and manage waste 56. Waste management 57. Licence for waste 58. Exportation of hazardous waste 59. Guidelines for management of toxic and hazardous substances 60. Prohibition of discharge of hazardous substances or oil mixture containing oil into the environment PART IXPOLLUTION CONTROL 61. Discharge of pollutants 62. Air pollution 63. Noise pollution emissions in excess of established standards 64. Environment emergency 65. Environment incentives PART XBIOLOGICAL AND GENETIC RESOURCES 66. Biological and genetic resources 67. Access to genetic resources 68. Conservation of biological resources 69. Conservation of biological resources in situ 70. Conservation of biological resources ex situ 71. Control and management of alien and invasive species PART XIENVIRONMENT PROTECTION ORDERS AND ENVIRONMENT EASEMENTS 72. Environment protection orders 73. Enforcement of environment protection orders 74. Environment easements 75. Application for an environment easement 76. Enforcement of environment easements 77. Registration of environment easements 78. Compensation for environment easements PART XIIINSPECTION, ANALYSIS AND RECORDS 79. Inspectorate 80. Powers of inspectors 81. Procedures for taking samples 82. Establishment or designation of laboratories 83. Certificate of analysis, etc. 84. Keeping of records 85. Public access to information and prohibition of disclosure PART XIIIFINANCIAL PROVISIONS 86. Funds of the Authority 87. Accounts and audit 88. Financial year of the Authority 89. Duty to operate on sound financial principles 90. Estimates PART XIVTHE ENVIRONMENT FUND 91. Establishment of the Environment Fund 92. Objects of the Fund 93. Vesting of the Fund 94. Advances to the Fund 95. Application of the Fund 96. Books and other records of accounts, audit and reports of the Fund 97. Holdings of the Fund PART XVOFFENCES 98. Hindering, obstructing of inspectors 99. Offences relating to Environment and Social Impact Assessment 100. Offences relating to records 101. Offences relating to environment standards and guidelines 102. Offences relating to hazardous substances and wastes 103. Offences relating to pollution 104. Offences relating to access to genetic or biological resources 105. General offences and penalties 106. Administrative penalties PART XVIDISPUTE SETTLEMENT 107. Establishment of an Environment Tribunal 108. Rules, procedure and decisions of the Tribunal 109. Power to appoint assessors 110. Power to seek direction of Tribunal in complex matters 111. Failure to attend 112. Representation of parties 113. Enforcement of orders 114. Costs 115. Liability of bodies corporate PART XVIIMISCELLANEOUS 116. Closure of premises 117. Regulations 118. Repeal and savings 119. Agreements, licences, permits, etc. 19 of 2017G.N. 73/2019 An Act to make provision for the protection and management of the environment; the conservation and sustainable utilization of natural resources and for matters connected therewith and incidental thereto PART IPRELIMINARY…

CHAPTER 35:01PHARMACY AND MEDICINES REGULATORY AUTHORITY ARRANGEMENT OF SECTIONS SECTION PART IPRELIMINARY 1. Short title 2. Interpretation PART IITHE PHARMACY AND MEDICINES REGULATORY AUTHORITY 3. Establishment of the Authority 4. Functions of the Authority 5. Powers of the Authority 6. Members of the Authority 7. Tenure of office and vacancy 8. Filling of casual vacancies 9. Proceedings during meetings of the Authority 10. Honoraria of members 11. Confidentiality 12. Disclosure of interest 13. Funds of the Authority 14. Financial year of the Authority 15. Accounts and audit 16. Annual report 17. Committees of the Authority 18. Director General and other staff 19. Delegation to the Director General 20. Seal of the Authority 21. Immunity PART IIIREGISTRATION AND REGULATION OF PHARMACISTS, PHARMACY TECHNOLOGISTS, PHARMACY ASSISTANTS AND MEDICAL REPRESENTATIVES 22. Registration of persons under this Act 23. Residential requirements of applicants 24. Persons eligible to be registered under this Act 25. Procedure for registration 26. Certificate of registration 27. Application for retention of name on register 28. Removal of name from the register 29. Notification of registration and removal from register 30. Appeals against refusal to register or against removal from register 31. Display of certificate in practice premises 32. Registration of premises 33. Company conducting wholesale or retail pharmacy business 34. Representatives of deceased or insolvent pharmacists 35. Exemptions from this Part 36. Pharmacy Committee 37. Performance of disciplinary function 38. Loss of certificate of registration 39. Registration of medical representatives PART IVREGISTRATION AND REGULATION OF PHARMACY PRACTICE PREMISES 40. Prohibition of unregistered pharmacy practice premises 41. Application for a licence 42. Issuance of a licence 43. Rejection of application 44. Display of licence 45. Retention fees 46. Surrender of a licence 47. Transfer of a licence 48. Amendment of a licence 49. Loss of a licence 50. Standard of pharmacy practice 51. Management of hospital and retail pharmacies 52. Dispensing licence 53. Veterinary shop licence 54. Register of pharmacy practice premises 55. Publication of premises PART VLICENCES, IMPORT AND EXPORT PERMITS 56. Prohibition of certain operation without a licence 57. Pharmaceutical manufacturing licence 58. Import permit 59. Export permit 60. Additional permit requirements for narcotics, etc. 61. Register of licences and permits PART VIREGULATION AND REGISTRATION OF MEDICINES AND ALLIED SUBSTANCES 62. Marketing authorization 63. Categories of medicines 64. Medicines list 65. Prohibition of sale of prescription only medicines without prescription 66. Labeling of medicine 67. Sale of medicine, etc. 68. Advertising of medicines 69. Recall of medicine, etc. from circulation 70. Medicines Safety and Quality Monitoring Committee 71. Register of marketing authorizations 72. Establishment of national pharmacovigilance system 73. Medicine Committee PART VIIREGULATION OF CLINICAL TRIALS 74. Prohibition of conducting clinical trial without certificate 75. Application for clinical trial certificate 76. Granting of clinical trial certificate 77. Monitoring, inspection and reporting of clinical trial 78. Register of clinical trial certificates PART VIIITHE NATIONAL MEDICINES QUALITY CONTROL LABORATORY 79. Establishment of National Medicines Quality Control Laboratory PART IXINSPECTIONS 80. Inspectors and inspections PART XOFFENCES AND PENALTIES 81. Contempt of the Pharmacy Committee 82. Theft of medicines or allied substance 83. Failure to keep proper records 84. Issuing false prescription of medicines 85. Unregistered dealer, product or premises 86. Conducting pharmacy business on unlicensed premises 87. Assembling, importing, selling, etc., medicinal product without product licence 88. Penalty for contravening sections 85, 86 and 87 89. Failure to comply with a manufacture’s licence 90. Failure to comply with a wholesale dealer’s licence 91. Managing retail pharmacy practice without a licence 92. Failure to comply with a dispensing licence 93. Failure to comply with a medicine store licence 94. Clinical trial without protocols and regulatory approvals 95. Non-compliance with requirements on medicine schedules 96. Import or export without permit 97. Modification of a product without approval 98. Sale of falsified or substandard medicine 99. No labeling of product 100. Sale of product with wrong leaflet or package insert 101. Disregard for prohibited advertisements 102. Miscellaneous offences and penalties 103. Additional penalties 104. Manufacture, import, export, etc., of substandard substances 105. Sale of expired medicines 106. Misleading information 107. Sale of dangerous cosmetics 108. Sale of certain cosmetics without Authority 109. Dealing in dangerous medical devices 110. Unregistered medical representative 111. Disclosure of information without consent 112. Conducting clinical trial without certificates 113. Sale of recalled or substandard medicines 114. Dispensing medicine without a dispensing licence 115. Non-adherence to advertising conditions 116. Sale of “prescription only” medicine without prescription 117. Suspension or cancellation of licence 118. Closure of pharmacy practice premises 119. Offence by body corporate 120. Offence against an inspector 121. Failure to display practice or premises licence 122. General penalty PART XIHARMONIZATION OF REGULATION OF MEDICAL PRODUCTS AND INTERNATIONAL COOPERATION 123. Harmonization and international cooperation 124. Promotion of transparency 125. Monitoring and Evaluation Unit PART XIIGENERAL PROVISIONS 126. Appeals 127. Authorizations and…