Category: Subsidiary Legislation

CANNABIS REGULATION: SUBSIDIARY LEGISLATION CANNABIS REGULATION (FEES) REGULATIONS under s. 55 (1) (a) G.N. 95/202068/2024 1. Citation These Regulations may be cited as the Cannabis Regulation (Fees) Regulations. 2. Fees The fees prescribed in the Schedule shall be payable in respect of the matters specified therein. reg. 2 SCHEDULE PRESCRIBED FEES MatterFees USD 1. Licence to— (a) cultivate and sell— (i) medicinal cannabis8,500 (ii) industrial hemp1,200 (b) process— (i) medicinal cannabis8,500 (ii) industrial hemp3,000 (c) distribute (transport, wholesale and retail)— (i) medicinal cannabis2,380 (ii) industrial hemp1,680 (d) store (warehousing) (i) medicinal cannabis500 (ii) industrial hemp500 2. Permit to— (a) administer cannabis drugs— (i) private hospitals425 (ii) Government hospitals170 (b) stock, sell and distribute cannabis drugs— (i) private pharmacies170 (ii) Government pharmacies85 (c) conduct medical research and clinical trials— (i) medicinal cannabis850 (ii) industrial hemp600 (d) conduct breeding and agronomy research— (i) medicinal cannabis850 (ii) industrial hemp600 (e) conduct laboratory test on cannabis (i) medicinal cannabis170 (ii) industrial hemp120 (f) import (seed) or export (semi or fully processed cannabis products)1.5% of the consignment value 3. Amendment of Cannabis licence— (i) medicinal cannabis1,700 (ii) industrial hemp600

COTTON: SUBSIDIARY LEGISLATION COTTON REGULATIONS ARRANGEMENT OF REGULATIONS Regulation PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application PART IIREGISTRATION MATTERS 4. Registration of growers, traders processors, etc. 5. Additional information for registration 6. Categories of growers 7. Refusal 8. De-registration and re-registration PART IIILICENSING AND PERMIT MATTERS 9. Application for a licence or permit 10. Issuance of licence or permit 11. Types of permits 12. Refusal to issue licence or permit 13. Revocation and suspension of licence or permit 14. Application for re-registration 15. Transfer and assignment of a licence or permit 16. Dealing in cotton without a permit or licence 17. Cotton growing seasons PART IVCOTTON CULTIVATION AND HUSBANDRY 18. Requirement for irrigation 19. Good crop husbandry 20. Restriction on intercropping 21. Prohibition of rationed cotton and carry over seed cotton 22. Environmental protection 23. Safety and hygiene of persons and premises PART VAPACKING, QUALITY CONTROL AND WEIGHING OF COTTON 24. Packing of seed cotton 25. Quality control 26. Grading of cotton 27. Weighing of seed cotton PART VICONTRACT OF FARMING 28. Contract of farming 29. Restriction on contract of farming 30. Contents of a contract of farming 31. Registration of contract 32. Dispute resolution 33. Financier to keep register PART VIIMARKETING AND SALES PROCEDURES 34. Cotton buying season 35. Farmgate price 36. Movement of seed cotton FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE G.N. 35/2022 COTTON REGULATIONS under s. 75 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Cotton Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “ratooned cotton” means a seed cotton crop from re-growth of seed cotton plant from the previous season; “side selling” means a practice in which a grower sells seed cotton to a ginner other than the one with whom he had entered into a contract of farming; and “vehicle loading authority” means a written authority from a ginner allowing a commercial transporter to load seed cotton at a specific location in the ginner’s zone to their ginnery. 3. Application These Regulations shall apply to any type or grade of cotton grown, produced, imported into or exported out of Malawi. PART IIREGISTRATION MATTERS 4. Registration of growers, traders processors, etc. (1) Subject to section 32 of the Act, the Council shall keep and maintain a register of cotton growers, traders, processors, importers and exporters for the purpose of— (a) monitoring contract farming; (b) regulating cotton quality; (c) establishing a basis for planning and making appropriate estimates of inputs; (d) controlling the import and export of cotton; (e) facilitating the marketing of seed cotton and cotton products; and (f) dealing with any other matters relevant to the cotton industry. (2) The Council shall, upon registration, issue the applicant a registration number and certificate prescribed in the First Schedule. 5. Additional information for registration (1) The Council shall, in addition to the particulars required in the Second Schedule to the Act, request the following information— (a) where the person who owns the land is not the actual cotton grower, name and address of the land owner; (b) the estimated area in hectares of the whole farm, and the area to be planted with cotton on the date of its registration; (c) description of the location of the farm or field in sufficient details to identify the farm, and where available, Global Positioning System coordinates of the farm or field; and (d) any other information that may be deemed necessary. (2) The Council shall update the register of growers every year before the commencement of each rain-fed farming season. (3) A person who fails to register as provided for in subregulation (2) shall be subject to a late registration fee as the Council shall prescribe. 6. Categories of growers The Council shall register growers in the following categories— (a) small scale for those growing on two hectares or less; (b) medium scale for those growing on more than two hectares up to twenty hectares; and (c) large scale for those growing over twenty hectares of land. 7. Refusal The Council may refuse to register a grower who fails to meet the requirements: Provided that the Council may, where it considers appropriate, request the applicant to make corrections to the application in order to meet the prescribed requirements. 8. De-registration and re-registration (1) The Council shall, after being satisfied that the registered grower has failed to comply with the terms and conditions of registration, de-register the grower. (2) The Council shall, before de-registration, issue notice of its intention to de-register a grower and require the grower to give reasons as to why he should not be de-registered. (3) A grower who has been de-registered under subregulation (1) shall cease to operate as a grower forthwith. (4) A grower aggrieved by the decision of the Council may appeal to the High Court. (5)…

AGRICULTURE (GENERAL PURPOSES): SUBSIDIARY LEGISLATION SMALLHOLDER AGRICULTURAL PRODUCE (MARKETING) REGULATIONS under s. 3 G.N. 63/198745/1989 AGRICULTURAL PRODUCE (MARKETING) REGULATIONS under s. 3 G.N. 63/198745/198975/199414/2008 1. Citation These Regulations may be cited as the Agricultural Produce (Marketing) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “authorized officer” means an officer in the public service designated as such by the Minister under regulation 7; “licensing officer” means the Secretary for Agriculture or such other officer in the public service as he may authorize to act on his behalf; “Malawi national” means— (a) in the case of an individual, a citizen of Malawi; (b) in the case of a company or other body of persons, whether corporate or unincorporate, a company or body of persons wholly owned or majority controlled by citizens of Malawi; “agricultural produce” means the produce of any agricultural crop specified in the Second Schedule. 3. Buying of agricultural produce No person shall, for profit or gain, engage in the business of buying any agricultural produce from producers unless he is a holder of a valid licence issued under these Regulations. 4. Application for licence (1) Any person who is a Malawi national may apply to the licensing officer to engage in the business of buying agricultural produce from producers. (2) Every application for a licence shall be in Form APMR I set out in the First Schedule, and shall be accompanied by the application fee prescribed in the Third Schedule. (3) Any application fee paid under subregulation (2) shall not be refundable, whether or not a licence is granted. 5. Issuing of licence If a licensing officer is satisfied that the applicant for a licence is a fit and proper person and is a Malawi national, he may issue to that person a licence in Form APMR II set out in the First Schedule. 6. Conditions of licence A licence issued under these Regulations shall be— (a) issued upon payment by the applicant of the licence fee prescribed in the Third Schedule; (b) valid from the date of issue to the following 31st March; (c) subject to the following conditions, that is to say— (i) that the licensee shall buy the agricultural produce by means of approved weights and measures made available at his own expense and shall ensure that such instruments are at all times properly assized; (ii) that the licensee shall buy the agricultural produce between the hours of sunrise and sunset only; (iii) that the licensee shall at all reasonable times allow authorized officers free access to examine the instruments of weights and measures used by him and generally for the purposes of regulation 6; (iv) that the licensee shall not export any agricultural produce bought by him, except upon an export licence issued to him under the Control of Goods Act or any other written law. 7. Authorized officer (1) The Minister may designate officers in the public service to be authorized officers for the purpose of ensuring that a licensee complies with the conditions of his licence and generally with the provisions of these Regulations. (2) In the performance of his duties under subregulation (1), an authorized officer may at any reasonable time enter upon any place, vehicle, aircraft or vessel. 8. Offences Any person who— (a) contravenes regulation 3; (b) fails to comply with the conditions of the licence set out in regulation 6 (c); or (c) wilfully obstructs or hinders an authorized officer in the performance of his duties, shall be guilty of an offence and liable to a fine of K1,000 and to imprisonment for three months. FIRST SCHEDULE reg. 4 and 5 PART IFORM OF APPLICATION FORM APMR I Note: This application is to be completed in triplicate and submitted to the Secretary for Agriculture at such address as shall be notified in the Gazette and shall be accompanied by a non-refundable application fee of K10. I/We (name in full): ………………………………………………………………………………………… of (address): …………………………………………………………………………………………………… Previous Licence No. (if any): ………………………………………………………………………….. Nationality: …………………………………………………………………………………………………… hereby apply for a licence to buy the following produce during the licence period ending on the 31st March, 20…………. ProduceEstimated quantities 1. ……………………………………………………………………………………………………………. 2. ……………………………………………………………………………………………………………. 3. ……………………………………………………………………………………………………………. 4. ……………………………………………………………………………………………………………. 5. ……………………………………………………………………………………………………………. Date: ………………………………………………Signature: ……………………………………….. Name: ……………………………………………. Designation (if any): …………………………. PART II Form of Licence Form APMR II LICENCE TO BUY AND SELL AGRICULTURAL PRODUCE Licence No. …………………………… Name of Licencee: ………………………………………………………………………………………….. of (address): …………………………………………………………………………………………………… is hereby licensed to buy and sell agricultural produce. This licence is valid from the date of issue to the 31st March, 20 …….., and is subject to the provisions of the Agriculture (General Purposes) Act, the Agricultural Produce (Marketing) Regulations, 1994, and to any special provisions endorsed overleaf. Date of issue: ………………………………….. Signed: ……………………………………………. Issuing Officer Licence fee paid K …………………………… for Secretary for Agriculture General Receipt No.:…

NOXIOUS WEEDS: SUBSIDIARY LEGISLATION DECLARATION OF NOXIOUS WEEDS under s. 15 The following plants have been declared to be noxious weeds throughout the whole of Malawi in terms of section 15 of the Act— Indian hemp Eichhornia crassipes (water hyacinth) Acanthospermum hispidum DC (upright Starbur) Lantana Camara

SPECIAL CROPS: SUBSIDIARY LEGISLATION SPECIAL CROPS DECLARATIONS G.N. 212/1963225/1965138/196734/1970176/1970168/1971124/197311/197912/197931/19801/1996 under s. 3 The Minister has declared the crops listed in the Schedule hereto to be special crops for the purposes of the Act. SCHEDULE Cashew Coffee Cotton Groundnuts Macadamia Tea Tobacco (nicotiana tabacum) Tung Flue-cured Tobacco KASUNGU FLUE-CURED TOBACCO AUTHORITY ORDER under s. 4 KASUNGU FLUE-CURED TOBACCO AUTHORITY LICENSING REGULATIONS under s. 6 G.N. 123/1978 1. Citation and application These Regulations may be cited as the Special Crops Kasungu Flue-Cured Tobacco Authority Licensing Regulations and shall apply within every Flue-Cured Tobacco Development Area, in relation to every holding within such Area. 2. Interpretation In these Regulations, unless the context otherwise requires— “Authority” means the Kasungu Flue-Cured Tobacco Authority established under the Kasungu Flue-Cured Tobacco Authority Order, hereinafter referred to as the “Order”; “Flue-Cured Tobacco Development Area” means any area of land described in the Schedule to the Order; “grower” means the holder of a grower’s licence issued pursuant to subregulation (1) of regulation 4; “holder” means any person to whom a holding has been allotted by the Authority; “holding” means any subdivision of any Flue-Cured Tobacco Development Area allotted to any person by the Authority and used or intended to be used by such person for the primary purpose of growing flue-cured tobacco; “licence” means a grower’s licence issued pursuant to subregulation (1) of regulation 4. 3. Non-application of Cap. 65:01 sub. leg. p. 31 The provisions of the Special Crops (Licensing) Regulations shall not apply in relation to the growing, buying, bartering or selling of flue-cured tobacco by any holder within any Flue-Cured Tobacco Development Area. 4. Grower’s licence (1) The Authority may, on application by any holder, issue to such holder a grower’s licence in respect of his holding. (2) Every application for a grower’s licence shall be in Form I set out in the Schedule. Schedule Form I (3) Every grower’s licence shall be in Form II set out in the Schedule. Schedule Form II 5. Conditions of licence It shall be a condition of every licence that the grower shall— (a) purchase from the Authority all seeds, fertilizer and stores required from time to time for the growing of flue-cured tobacco on his holding; (b) during the duration of his licence, except with the consent of the Authority, not sell or otherwise dispose of any draught animal, of any equipment or other goods or materials purchased by him from, or supplied to him by, the Authority under these Regulations; (c) employ such number of labourers on his holding upon such terms and conditions of service as the Authority may from time to time require and approve; (d) market solely through the agency of the Authority any flue-cured tobacco grown on his holding; (e) authorize the Authority to retain all proceeds of sale of such flue-cured tobacco until all such crop is sold and to deduct from such proceeds any amount outstanding and due by him to the Authority pursuant to these Regulations; (f) conform to such accounting methods and procedure as may from time to time be laid down by the Authority; (g) accumulate, on deposit with the Authority and in such amounts as the Authority may from time to time deem necessary, a sum of money sufficient to— (i) provide for periodic contributions towards the fixed and working capital of the Authority, such contributions to be determined from time to time by the Authority in accordance with a rate to be made applicable in common to all growers in any one scheme specified by the Authority; (ii) provide for the purchase by him, at such price as the Authority may determine, of such draught animals, equipment or other goods as are supplied to him from time to time by the Authority for exclusive use on his holding; and (h) do or perform, or refrain from doing or performing, all such acts or things as the Authority may, in lawful exercise of any power conferred upon it by the Order, require of him to do or perform or to refrain from doing or performing. 6. Food crops Any grower may, with the consent of the Authority and subject to such conditions as the Authority may impose, use such portion of his holding as shall be agreed with the Authority for the purpose of growing such food crops as may be necessary for his subsistence and for that of his immediate family living with him. 7. Duration and termination of licence (1) Subject to subregulations (2) and (3), every licence shall remain in force for the period specified therein and may be renewed from time to time. (2) If the Authority is satisfied that the licensee under any licence— (a) is unable to pay his debts to the Authority when due and payable or to pay, when…

TOBACCO INDUSTRY: SUBSIDIARY LEGISLATION TOBACCO INDUSTRY (TOBACCO MINIMUM PRICES) ORDER under s. 69 (1) G.N. 23/2024 1. Citation This Order may be cited as the Tobacco Industry (Tobacco Minimum Prices) Order. 2. Application The minimum prices, set out in the Schedule, shall apply to the 2023/2024 growing season. 3. Minimum prices A buyer shall not buy tobacco of a grade set out in the third column of the Schedule, at a price below the price set out in the fourth column of the Schedule. 4. Revocation of G.N. 14/2023 The Tobacco Industry (Tobacco Minimum Prices) Order, 2023 is hereby revoked. para. 2 and 3 SCHEDULE PART-ABURLEY TOBACCO No.LEAF POSITIONCLASSIFICATION GRADEPRICE (US$/KG) 1Strips and scrapsNGA1.00 2CuttersCIL2.60 3CuttersCILF2.65 4CuttersC2L2.50 5CuttersC2LF2.60 6CuttersC3L2.35 7CuttersC3LJ2.20 8CuttersC3LK2.15 9CuttersC3MD2.25 10CuttersC4LD1.70 11CuttersC4LG1.50 12CuttersC4LJ1.90 13CuttersC4LK1.85 14CuttersC4MD2.00 15LeafL102.85 16LeafL2O2.70 17LeafL3O2.60 18LeafL3MD2.50 19LeafL3OK2.40 20LeafL3LD2.30 21LeafLAO2.40 22LeafL4OK2.00 23LeafL4OJ2.10 24LeafL4MD2.30 25LeafL4LD1.70 26LeafL5O1.80 27LeafL5LD1.55 28LeafL5MD1.80 29LeafL5OJ1.70 30LeafL5OK1.60 31LeafL5OG1.40 32Non descriptNG1.05 33LugsX1L2.55 34LugsX1LF2.60 35LugsX2L2.45 36LugsX2LF2.50 37LugsX3L2.35 38LugsX3LJ2.15 39LugsX3LK2.00 40LugsX3LD1.80 41LugsX3MD2.20 42LugsX4L2.10 43LugsX4LJ1.90 44LugsX4LK1.80 45LugsX4MD1.90 46LugsX4LD1.60 47LugsX5LJ1.40 48LugsX5LK1.30 49LugsX5L1.50 50LugsX5MD1.40 51LugsX5LD1.25 52LugsX5LG1.15 PART-BDARK FIRED TOBACCO No.LEAF POSITIONCLASSIFICATION GRADEPRICE (US$/KG) 1Strips and scrapsA1.10 2Lower leafL1AB3.05 3Lower leafL1BB2.40 4Lower leafL1CB2.30 5Lower leafL2AB2.95 6Lower leafL2BB2.40 7Lower leafL2CB1.90 8Lower leafL3AB2.10 9Lower leafL3BB1.70 10Lower leafL3CB1.55 11Lower leafL4A1.80 12Lower leafL4B1.65 13Lower leafL4C1.40 14Lower leafL5A1.55 15Lower leafL5B1.35. 16Lower leafL6A1.50 17Lower leafL6B1.35 18Lower leafL7A1.20 19Lower leafL7B1.10 20Lower leafLSD-A1.50 21Lower leafLSD-B1.35 22Upper leafM1AB3.25 23Upper leafM1AD3.30 24Upper leafM1BB2.95 25Upper leafM1BD3.05 26Upper leafM1CB2.75 27Upper leafM1CD2.60 28Upper leafM2AB3.00 29Upper leafM2AD2.95 30Upper leafM2BB2.85 31Upper leafM2BD2.80 32Upper leafM2CB2.60 33Upper leafM2CD2.55 34Upper leafM3AB2.80 35Upper leafM3BB2.35 36Upper leafM3CB1.75 37Upper leafM4A2.15 38Upper leafM4B1.70 39Upper leafM4C1.60 40Upper leafM5A1.75 41Upper leafM5B1.55 42Upper leafM6A2.10 43Upper leafM6B1.55 44Upper leafM7A1.40 45Upper leafM7B1.30 46Upper leafMSD-A1.80 47Upper leafMSD-B1.60 48Non descriptNG1.00 PART-CFLUE CURED TOBACCO No.LEAF POSITIONGRADEPROPOSED 2024 PRICES 1StripsA12.70 2StripsA21.70 3CutterC1L3.50 4CutterC1LF3.55 5CutterC1O3.55 6CutterC1OF3.60 7CutterC2L3.30 8CutterC2LF3.35 9CutterC2O3.30 10CutterC2OF3.35 11CutterC3L2.45 12CutterC3O2.55 13CutterC4L1.90 14CutterC4O1.85 15LeafL1L4.35 16LeafL1LF4.40 17LeafL1O4.40 18LeafL1OF4.45 19LeafL1R3.80 20LeafL2L4.05 21LeafL2LF4.10 22LeafL2O4.10 23LeafL2OF4.15 24LeafL2R3.60 25LeafL3L3.55 26LeafL3LK2.30 27LeafL3LV1.90 28LeafL3MD2.90 29LeafL3O3.50 30LeafL3OK2.30 31LeafL3OV1.95 32LeafL3OJ2.35 33LeafL3OQ2.25 34LeafL3R3.35 35LeafL4L2.30 36LeafL4LK1.85 37LeafL4LV1.30 38LeafL4MD2.15 39LeafL4O2.30 40LeafL4OK1.85 41LeafL4OQ1.75 42LeafL4OV1.35 43LeafL4R1.95 44LeafL5L1.80 45LeafL5LK1.45 46LeafL5MD1.75 47LeafL5O1.85 48LeafL5G1.00 49LeafL5OK1.55 50LeafL5R1.70 51Thin leafM1L3.95 52Thin leafM1O4.00 53Thin leafM1R3.75 54Thin leafM2L3.75 55Thin leafM2O3.80 56Thin leafM2R3.45 57Thin leafM3L3.25 58Thin leafM3O3.30 59Thin leafM3R3.20 60Thin leafM4L2.15 61Thin leafM4O2.20 62Thin leafM4R1.90 63Thin leafM5L1.35 64Thin leafM501.35 65Thin leafM5R1.35 66Non descriptNG0.60 67ScrapsNGA0.50 68Non descriptNGG0.30 69MouldyFLD0.25 70StemsST0.25 71LugsX1L3.20 72LugsX1LF3.25 73LugsX1O3.30 74LugsX1OF3.35 75LugsX2L3.00 76LugsX2LF3.05 77LugsX2O3.05 78LugsX2OF3.15 79LugsX3L2.45 80LugsX3LJ2.40 81LugsX3LK2.15 82LugsX3LV1.95 83LugsX3MD2.25 84LugsX3O2.50 85LugsX3OV1.95 86LugsX4L1.85 87LugsX4LK1.70 88LugsX4LJ1.75 89LugsX4LV1.30 90LugsX4LY1.65 91LugsX4MD1.80 92LugsX4O1.90 93LugsX4OV1.30 94LugsX5L1.35 95LugsX5O1.40 96LugsX5G1.00 97LugsX5LJ1.25 98LugsX5LY1.20 99LugsX5MD1.30

ATOMIC ENERGY: SUBSIDIARY LEGISLATION ATOMIC ENERGY REGULATIONS under s. 82 ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIGENERAL PROVISIONS 3. Purpose 4. Scope 5. Application 6. Exposures 7. Exclusions 8. Responsible parties 9. Access to premises and information 10. Non-compliance, incidents and accidents 11. Enforcement 12. Applicability of other regulations and requirements, and resolution of conflicts 13. Additional requirements 14. General obligations PART IIIADMINISTRATIVE REQUIREMENTS 15. Requirements for notification 16. Exemption of practices and sources 17. Requirements for licence 18. Responsibilities of licensees 19. Requirements for reporting to the Authority 20. Feedback of operating experience 21. Clearance levels PART IVRADIATION PROTECTION REQUIREMENTS 22. Justification of practices 23. Dose limitation 24. Optimization of protection and safety 25. Dose constraints 26. Guidance levels for diagnostic medical exposure PART VMANAGEMENT REQUIREMENTS 27. Safety culture 28. Confidentiality of information 29. Management system 30. Human factors 31. Radiation protection officers and qualified experts in radiation safety PART VIVERIFICATION OF SAFETY 32. Safety assessment 33. Monitoring, testing and verification of compliance 34. Inventory and records PART VIIOCCUPATIONAL EXPOSURE PROTECTION 35. General responsibilities 36. Conditions of service 37. Classification of areas 38. Local rules and supervision 39. Personal protective equipment 40. Exposure assessment 41. Monitoring of workplace 42. Health surveillance 43. Records of worker exposure 44. Special circumstances PART VIIIMEDICAL EXPOSURE PROTECTION 45. General responsibilities 46. Justification of medical exposure 47. Optimization of protection for medical exposures 48. Calibration, clinical dosimetry and management system for medical exposures 49. Dose constraints 50. Guidance levels 51. Maximum activity for patients in therapy and discharge from hospital 52. Investigation of accidental medical exposure 53. Records related to medical exposures PART IXPUBLIC EXPOSURE PROTECTION 54. General responsibilities 55. Control of visitors 56. Sources of external irradiation 57. Radioactive contamination in enclosed spaces 58. Monitoring of public exposure 59. Consumer products PART XREQUIREMENTS FOR THE DESIGN, PROTECTION AND SUPPLY OF RADIATION SOURCES 60. General responsibilities 61. Design of radiation sources 62. Supply and procurement of radioactive sources 63. Domestic transfer of radiation sources PART XIIMPORT AND EXPORT OF CATEGORY 1 AND 2 RADIOACTIVE SOURCES 64. Export of category 1 or 2 radioactive sources 65. Import of category 1 and 2 radioactive sources PART XIIRADIOACTIVE WASTE MANAGEMENT REQUIREMENTS 66. Radioactive waste classification 67. General responsibilities 68. Licence application 69. Appointment of radioactive waste management officer 70. Control of radioactive waste generation 71. Collection, segregation, and characterization of radioactive waste 72. Conditioning of radioactive waste 73. Radioactive waste processing facilities 74. Discharge or release of radioactive materials to the environment 75. Waste storage 76. Acceptance criteria for storage of radioactive waste 77. Radioactive waste storage facilities 78. Recycle and reuse of radioactive materials 79. Management of disused radioactive sources 80. Radioactive waste from mining and milling operations 81. Existing facilities and past practices 82. Radioactive waste records and reports PART XIIIDECOMMISSIONING REQUIREMENTS 83. Decommissioning 84. Decommissioning plan PART XIVTRANSPORTATION OF RADIOACTIVE SOURCES OR WASTE 85. Transport requirements PART XVREQUIREMENTS FOR EMERGENCY INTERVENTION 86. Responsibilities of licensees 87. Licensee emergency response planning requirements 88. Implementation of intervention 89. Protection of workers undertaking an intervention 90. Use of international safety standards and other publications FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE G.N. 22/201261/2021 ATOMIC ENERGY REGULATIONS PART IPRELIMINARY 1. Citation These Regulations may be cited as the Atomic Energy Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “category 1, 2 or 3 radioactive source” means the International Atomic Energy Agency Categorization of Radio Active Sources contained in the Fourth Schedule; “critical group” means a group of members of the public which is reasonably homogeneous with respect to its exposure for a given radiation source and given exposure pathway and is typical of individuals receiving the highest effective dose or equivalent dose, as applicable from the given source; “defence in depth” means a hierarchical deployment of different levels of diverse equipment and procedures to prevent the escalation of anticipated operational occurrences and to maintain the effectiveness of physical barriers placed between a radiation source or radioactive material and workers, members of the public or the environment, in operational states and, for some barriers, in accident conditions; “disused radioactive source” means radioactive source which is no longer used, and is not intended to be used, for the practice for which a licence is granted; “dose constraint” means a prospective and actual source related restriction on the individual dose delivered by the source which serves as a bound in the optimization of protection and safety of the source. For occupational exposures, the dose constraint is a source related value of individual dose used to limit the range of options considered in the process of optimization. For public exposure, the dose constraint is an upper bound on the annual doses that members of the public should receive from the planned operation of…

BIOSAFETY: SUBSIDIARY LEGISLATION BIOSAFETY (MANAGEMENT OF GENETICALLY MODIFIED ORGANISMS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIINSTITUTIONAL FRAMEWORK 3. National Biosafety Regulatory Committee 4. Immunity from suit 5. Tenure of office and vacancies 6. Functions of the Committee 7. Disclosure of interest 8. Appointment of the Biosafety Registrar 9. Functions of the Biosafety Registrar 10. Inspectors 11. Reviewers PART IIILICENCES AND PERMITS 12. Required information for applications for licences and permits for trial release and contained use 13. Fees 14. Applications for licence for general release of genetically modified organisms 15. Risk assessment of activities 16. Licensing of facilities and maintenance of records 17. Time within which to determine applications 18. Processing of applications 19. Review of decisions PART IVMISCELLANEOUS PROVISIONS 20. Accidents 21. Caution and determination of liability 22. Public access to information and confidentiality 23. Requirements for effective management of waste 24. Advertisements 25. Guidelines 26. Appeals First Schedule Required Information for Applications of Licences and permits Second Schedule Form C—Licence/Permit Third Schedule Fees Fourth Schedule Information to be Included in a Risk Assessment Report Fifth schedule Information to be Included in an Application for General Release or Marketing of Genetically Modified Organisms G.N. 30/2007 BIOSAFETY (MANAGEMENT OF GENETICALLY MODIFIED ORGANISMS) REGULATIONS PART IPRELIMINARY 1. Citation These Regulations may be cited as Biosafety (Management of Genetically Modified Organisms) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “applicant” means a person who submits an application for a licence or permit under the Act; “Committee” means the National Biosafety Regulatory Committee established under regulation 3; “Biosafety Registrar” means the officer appointed as such under regulation 8; “operator” means any person who conducts activities under a licence or permit issued under the Act; “register” means a register established under regulation 8 and containing particulars of Genetically Modified Organisms and activities that are licensed or permitted under the Act; “risks to human health” means the potential adverse effects of biotechnology activities or their products on human health; “reviewer” means a reviewer appointed under regulation 11. PART IIINSTITUTIONAL FRAMEWORK 3. National Biosafety Regulatory Committee (1) There shall be a National Biosafety Regulatory Committee which shall consist of the following members, nominated by their institutions and appointed by the Minister— (a) the Secretary responsible for Agriculture and Food Security or his designated representative; (b) the Secretary responsible for Health or his designated representative; (c) the Secretary responsible for Industry and Trade or his designated representative; (d) the Director General of the Malawi Bureau of Standards or his designated representative; (e) Secretary responsible for Labour or his designated representative; (f) the Secretary responsible for Justice or his designated representative; (g) the Director of Forestry or his designated representative; (h) the Secretary responsible for Women and Child Welfare or his designated representative; (i) the Secretary responsible for Nutrition, HIV and Aids or his designated representative; (j) the Director of National Parks and Wildlife or his designated representative; (k) the Executive Director for the Council for Non-Governmental Organizations or his designated representative; (l) the Commissioner for Malawi Revenue Authority or his designated representative; (m) the Inspector General of the Malawi Police Service or his designated representative; and (n) the Executive Director for Consumers Association of Malawi or his designated representative. (2) Members of the Committee shall be paid such an allowance as the Minister shall determine: Provided that the Minister may make provision for reimbursement of any reasonable expense incurred by a member of the Committee in connexion with the business of the committee. (3) The Minister shall appoint the Chairperson of the National Biosafety Regulatory Committee. (4) The members of the Committee shall, at their first meeting, elect a Vice Chairperson from amongst their number. (5) In the absence of the Chairperson and Vice-Chairperson the members of the Committee present shall elect a person from their number to preside over a meeting. (6) The person presiding over a meeting shall exercise all the powers and perform all the duties of the Chairperson whenever the Chairperson is not present. (7) A member of the Committee whose period of office has expired may be eligible for reappointment. (8) Each institution shall designate a member and an alternate to serve on the Committee. (9) The quorum for any meeting of the Committee shall be a simple majority of members. (10) A decision on any matter before the Committee shall be by a simple majority of votes of the members present. (11) In the case of an equality of votes, the person presiding over a meeting shall have a casting vote. (12) The committee shall determine its own procedures for meetings. (13) The Biosafety Registrar shall be the Secretary to the Committee. 4. Immunity from suit No action, suit or other proceedings shall be brought or instituted personally against any member of…

PETROLEUM (EXPLORATION AND PRODUCTION): SUBSIDIARY LEGISLATION PETROLEUM (APPLICATIONS) REGULATIONS under s. 78 G.N. 48/198431/2009 1. Citation These regulations may be cited as the Petroleum (Applications) Regulations. 2. Application for grant of petroleum exploration licence (1) An application for the grant of a petroleum exploration licence— (a) shall give in respect of the person or, if there is more than one person, of each person, making the application— (i) in the case of an individual, his full name and nationality; (ii) in the case of body corporate, its name and place of incorporation, the names and nationality of the directors or equivalent officers and, if the body corporate has a share capital, the name of any person who is the beneficial owner of more than five per cent of the issued share capital; (b) shall identify the block or blocks in respect of which it is made; (c) shall, subject to subregulation (2), be in respect of not more than one block; (d) shall give or be accompanied by a statement giving particulars of work and minimum expenditure proposed to be carried out or expended in respect of the block or blocks over which the licence is sought, and an estimate of any significant effect which the proposed exploration operations would be likely to have on the environment and on any monument or relic in any such block; (e) shall give or be accompanied by a statement giving particulars of the applicant’s proposals with respect to the employment and training of citizens of Malawi; and (f) may set out any other matter which the applicant wishes the Minister to consider. (2) The Minister may consider an application in respect of more than one block but not more than two blocks where he is satisfied that special circumstances exist for doing so. (3) Where an application relates to more than one block, the blocks identified in an application for the grant of a petroleum exploration licence— (a) shall be so situated as to form a single area; and (b) shall be such that each block in the area has a side in common with at least one other block in the area. 3. Application for renewal of petroleum exploration licence (1) An application for the renewal of a petroleum exploration licence— (a) shall, subject to subregulation (2), be made not later than ninety days before the day on which the licence is due to expire; (b) shall be accompanied by— (i) particulars of the work carried out in, and the amount expended in respect of, the exploration area during the term of the licence up to and including a date that is not earlier than fourteen days immediately preceding the date of the application or, where the application is for a second renewal of the licence, up to and including a date that is not earlier than fourteen days immediately preceding the date of the application; and (ii) adequate proposals of the applicant for work and minimum expenditure in respect of the block or blocks specified in the application and, in particular, details of the programme to be performed in the first year of the renewal period being applied for; (c) shall be made not more than twice; and (d) may set out any other matter that the applicant wishes the Minister to consider. (2) The Minister may accept an application for the renewal of a petroleum exploration licence later than ninety days before, but not in any case after, the date of expiry of the licence. (3) The requirement in subregulation (1) (b) (ii) with respect to adequate proposals is deemed to have been met in any case where the proposals pursuant to subregulation (1) (b) (ii) accompanying an application satisfy the requirements (if any) with respect to work and expenditure contained in a relevant agreement of a kind referred to in section 10 of the Act. 4. Application for grant of petroleum production licence (1) Subject to subregulation (2), an application for the grant of a petroleum production licence— (a) shall give in respect of the person or, if there is more than one person, or each person, making the application— (i) in the case of an individual, his full name and nationality; (ii) in the case of a body corporate, its name and place of incorporation, the names and nationality of the directors or equivalent officers and, if the body corporate has a share capital, the name of any person who is the beneficial owner of more than five per cent of the issued share capital; (b) shall give full information as to the applicant’s financial status, technical competence and experience; (c) shall state the number of the applicant’s petroleum exploration licence (if any); (d) shall state the period for which the licence is sought; (e) shall identify the…

CUSTOMARY LAND: SUBSIDIARY LEGISLATION CUSTOMARY LAND (ADMINISTRATION AND MANAGEMENT) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application PART IICUSTOMARY LAND COMMITTEES 4. Functions of a customary land committee 5. Eligibility for election as a member of a customary land committee 6. Vacancies of a customary land committee 7. Qualifications of voter 8. Voting procedure 9. Meetings of a customary land committee 10. Notice of meeting 11. Quorum 12. Decision making 13. Co-option of members PART IIIADJUDICATION AND DEMARCATION OF CUSTOMARY LAND 14. Description of boundaries 15. Ortho-photo maps 16. Boundary verification 17. Base maps and land use plans 18. Functions of land clerks during adjudication and demarcation 19. Notice of adjudication and demarcation 20. Claims of interest in land 21. Inspection of preliminary adjudication record 22. Objections and corrections 23. Final adjudication record 24. Customary land register PART IVGRANT OF CUSTOMARY ESTATE 25. Application to register a customary estate 26. Grant of customary estate 27. Registration of communal land 28. Lease of customary estate 29. Conversion of a lease of public land to a customary estate 30. Consolidation of customary estates 31. Consolidated customary estate certificate 32. Functions and powers of the entity 33. Register of registered customary land etc. PART VDISPUTE SETTLEMENT 34. Complaints to be made to a customary land committee 35. Notice of mediation 36. Review of a decision of a customary land committee 37. Particulars of a dispute 38. Service of application 39. Response to a claim 40. Procedure of tribunals 41. Agreement by parties 42. Witness at dispute hearings 43. Non-Attendance of witnesses etc. 44. Dismissal for non-attendance 45. Restoration of dispute 46. Determination of disputes 47. Costs 48. Register of disputes and determinations 49. Appeals to the district land tribunal 50. Notice of hearing of appeal 51. Dismissal for non-attendance 52. Restoration of appeals 53. Attendance of a respondents 54. Procedure for hearing an appeals 55. Witnesses at appeal hearings 56. Determination of appeals SAME SECTION 47 AND 57 57. Costs 58. Appeal to the Central Land Board 59. Procedure of the Central Land Board 60. Final determination on facts 61. Appeals to the High Court PART VIMISCELLANEOUS 62. Compensation 63. Penalty for breach of conditions of a customary estate 64. Revocation of G.N. 18/2018 FIRST SCHEDULE SECOND SCHEDULE G.N. 65/2024 CUSTOMARY LAND (ADMINISTRATION AND MANAGEMENT) REGULATIONS under s. 53 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Customary Land (Administration and Management) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Group Village Headman” has the same meaning as ascribed to it under the Chiefs Act; “ortho-photo” means an aerial photograph or satellite imagery which has been geometrically rectified such that the scale is uniform; “ortho-photo map” means a photographic image consisting of many geometrically rectified small pieces of aerial photographs which better represent the reality on the ground; and “tribunal” means the customary land tribunal established under section 44 of the Act. 3. Application These Regulations shall apply to the administration and management of customary land under the Act. PART IICUSTOMARY LAND COMMITTEES 4. Functions of a customary land committee (1) A customary land committee, shall— (a) adjudicate customary land rights for purposes of registration of land; (b) process applications for, and make grants of customary estates, subject to the consent of the Traditional Authority; (c) prescribe amounts of unallocated land that can be allocated to an individual, a family, group of persons, or an organization; (d) levy fees and charges on customary estates granted to organizations or bodies; (e) inspect and verify whether the conditions, subject to which a customary estate is granted, are being complied with; (f) approve all transactions on customary estates; (g) publicize rights of occupation and use of customary land by land users under the jurisdiction of the Group Village Headman of the area; (h) ensure that all other categories of land and their respective boundaries within the jurisdiction of the Group Village Headman of the area are clear and known; and (i) carry out public outreach campaigns on any matter concerning the Act. (2) The customary land committee shall, in the performance of its functions, liase with and consult institutions and bodies within the jurisdiction of the Group Village Headman of the area whose activities and mandates affect land use, water, forestry, mining, agriculture, and development planning. 5. Eligibility for election as a member of a customary land committee A person shall not be eligible for election as a member of a customary land committee unless the person is— (a) a Malawian; (b) eighteen years old; (c) ordinarily resident in the area under the jurisdiction of the Group Village Headman; (d) not a member of the National Assembly; (e) not a ward councillor; (f) not a judicial officer; (g) not a public officer; (h) not a…