This document was prepared by Blantyre legal
Project Activities Associated Malawian Short Description
and Key Areas of Legislation/Regulation /
Concern Ordinance /Customary Law
A. Land Clearing 1. Environment  The EMA came into force in 1996
and Land Management Act with the purpose to make
Preparation (EMA)Chapter 60:02 provision for the protection and
for Planting of the Laws of Malawi management of the environment
of Tree Crops, and the conservation and
Cash Crops, 2. Environment sustainable utilization of natural
and (Specification of resources and matters connected
Indigenous Projects Requiring therewith and incidental thereto.
Reforestation Environmental Impact
Assessment) Notice  The Act obligates every person to
take all necessary and appropriate
measures to protect
and manage the environment and
conserve natural resources and to
mote sustainable utilization of
natural resources by the dictates of
the Act
 The Act also requires an
environmental impact assessment
(EIA) before implementing certain
projects. (See Section 24)
 The Act has defined a “project”
as a development activity or
proposal which has or is likely to
have an impact on the
environment and a “developer” as
any person who has proposed or
has undertaken to implement a
project.
Steps required to comply
 It has to be stated at the
outset that there is no
specific legislation dealing
with land clearing and
land preparation for
planting tree crops, cash
crops and indigenous
reforestation.
 However, the Environment
(Specification of Projects
Requiring Environmental
Impact Assessment)
Notice, provides a list of
projects that would require
an environmental impact
assessment.
 This entails that before
land clearing and land
preparation is done if the
project requires an EIA,
the developer has to
adhere to Sections 24 and
25 of the EMA.
Below are some agricultural
projects that would require
an EIA
a. land development for
agriculture on a piece
of land greater than a
20-hectare holding;
b. agricultural projects
necessitating the
resettlement of 20 or
more families;
c. any change from one
agricultural land use to
another on a piece
of land greater than a
20-hectare holding
d. irrigation schemes
designed to serve
more than 10 hectares
 Therefore, if the
 This document was prepared by Blantyre legal
3. Special Crops  The SCA was passed in 1963 with
Act(SCA)Chapter the broad purpose of making
65:01 of the Laws of “provision for the development
Malawi and marketing of special crops
and the establishment of Special
4. Special Crops Crop Authorities”.
(Licensing)Regulations
. Under Section 6 of the  The Special Crop Act gives the
principal Act, Minister of Agriculture wide-
ranging powers to intervene in the
market whenever “the Minister is
satisfied that the development of
any crop should be promoted or
fostered.” To do this, the Minister
must declare the crop to be a
“Special Crop” by order published
in the Malawi Government
Gazette. The Minister must then
establish an Authority for
“promoting and fostering the
development of a special crop” in
whatever areas the Minister deems
necessary from small development
areas to the entire country.
agricultural project to
grow Macadamia,
indigenous trees and other
cash crops satisfies the
above, an EIA will be
required.
 If the project requires an
environmental impact
assessment, the developer
is first required to submit a
project brief to the
Director of Environmental
Affairs. Which has to
satisfy the requirements of
Section 24(2).
 If the project brief is to the
satisfaction of the director,
the developer will be
required to conduct an EIA
as per section 25.
 Subsidiary legislation
special crops declarations
made
under Section 3 of the
SCA list the following as
special crops; Cashew,
Coffee, Cotton,
Groundnuts, Macadamia,
Tea, Tobacco
(nicotianatabacum), Tung
and Flue-cured Tobacco.
 A license is required to
grow a special crop- When
a crop has been declared to
be a special crop, and an
Authority in respect of that
special crop has been
established in any area, no
person shall grow, sell,
barter, or buy that special
crop in the such area
unless he is the holder of a
valid license authorizing
him so to do. (See section
6)
 The Orders under the SCA
establish crop authorities.
 This document was prepared by Blantyre legal

These are empowered to

pass regulations for
licensing the special crop
in question.

 Where the crop authority

does not make licensing
rules, an application for a
license can be made
through Form 1, the first
schedule of the Special
Crops (Licensing)
Regulations.

Note: Although the regulations

of the crop authorities have
never been repealed and thus
are still enforceable, the same
have been overtaken by
government policy and the
crop authorities are no longer
in existence.

B. Farming and Land Act,2016  This Act makes provision for land  It has to be stated that
Planting in Malawi and all matters there is no specific Act or
Practices incidental or connected thereto regulation for farming and
planting practice for
Macadamia trees, cash
crops or any special crops.
 However, the Land Act
gives power to the
Minister to make
guidelines, regulating and
controlling the use to
which land may be put,
the
method of cultivation and
growing of crops and
keeping livestock, the
maintenance of proper
drainage of such land and
the fencing, hedging and
modes of access to such
land, the preservation and
protection of the source,
course and banks of
streams and generally for
the good management and
conservation of the soil,
water, woodland, pasture
and other natural resources
 This document was prepared by Blantyre legal
C. Use and 5. Fertilizers, Farm Feeds
management and Remedies Act
of fertilizer Chapter 67:04
and Pest 6. Fertilizers Regulations.
control Made under section 16
of the principal Act.
7. Pesticides Act
Chapter 35:03
8. Pesticides Regulations
made under section 53
of the principal Act
 This Act provides for the
establishment of committees for
fertilizers, farm feeds and
remedies; to regulate and restrict
the sale of fertilizers, farm feeds
and certain remedies, and
substances of animal origin
intended for the manufacture of
fertilizers or farm feeds and to
provide for matters incidental to
the foregoing
 The Act defines “fertilizer” as any
substance which is intended or
offered for
improving or maintaining the
growth of plants or the
productivity of the soil, but does
not include farmyard or stable
manure, kraal manure, compost,
wood ash, gypsum, town refuse or
night soil when sold in its original
condition and under its name.
 The Act does not prescribe how
the fertilizer should be used or
managed but requires that it
should be of the required quality.
 This Act provide for the control
and management of the import,
export, manufacture, distribution,
storage, disposal and use
of pesticides; the establishment of
a Pesticides Control Board; and
further to provide for matters
incidental thereto or connected
therewith
 The Act defines Pesticides as
any substance or mixture of
thereof(See section 41(3))
 At present, such
regulations prescribing
farming and planting
methods have not been
made.
 The Third Schedule of the
Fertilizers Regulations
requires that the fertilizers
imported or manufactured
and sold should be of the
quality and composition as
specified in the same Third
schedule
 Fertilizers listed in the
Fourth Schedule shall
comply with the minimum
fineness requirements
listed in relation to such
fertilizer in the same
Fourth Schedule
 It has to be noted that the
obligation of complying
with the quality of
fertilizer as prescribed by
the Act is with the
manufacturer, importer or
seller of such fertilizer.
 A purchaser may however
request an inspector to
sample and analyze such
fertilize if it is of the
required quality.
 Regulation 11 of the
Pesticides Regulations
provides that an
application for a permit to
import, manufacture, sell
and store for sale shall be
made in the form
prescribed in the Fourth
Schedule.
 Regulation 13(1) states
that If a pesticide is
 This document was prepared by Blantyre legal
substances intended to bead
ministered on animals, plants or
humans for preventing, destroying
or controlling any pest, and
includes any substance intended
for use as a plant growth regulator,
defoliant, desiccant, or agent for
thinning fruit or preventing the
premature fall of fruit, and
substances applied to crops either
before or after harvest to protect
the commodity from deterioration
during storage and transport.
 The Act requires that all pesticides
be registered and prohibits the
importation, sale and manufacture
of pesticides that have not been
registered unless one has a permit
to do so. (See section 17)
 The Act requires a licence for one to
manufacture, export, distribute,
store for sale, or sell a pesticide
(See section 23)
 The Act further requires a licensed
commercial applicator of
pesticides (See section 26)
 The Act also places a duty on an
employer to provide safety
equipment for the safe use of
pesticides. (See section 34)
 Where there is injury, death or ill-
health believed to be caused by
the pesticide, the Act places a duty
on the owner, among others, to
notify the Registrar immediately.
D. Land Tenure 9. Land Act,2016 Chapter  This Act makes provision for land
and use 57:01 of the Laws of in Malawi and all matters
Malawi incidental or connected thereto.
 The land tenure system in Malawi
categorizes land into three distinct
groups; (see section 7)
a. Public land; defined as
land held in trust for the
imported for use by a
person other than the
permit holder, the permit
holder shall not dispose of
the pesticide except to the
person.
 Further, the regulation
prohibits the application of
a pesticide imported under
a permit to a crop other
than
the crop specified in the
application or to apply
pesticide with long
persistence to a short-term
crop.
 An application for a
licence to manufacture or
export pesticide shall be in
the form set out in the
Sixth Schedule. (See
regulation 16)
 An application for a sale
licence or storage licence
shall be in the form set out
in the Tenth Schedule.
(See regulation 18)
 After a licence has been
granted, it shall be
displayed at all times in a
conspicuous part of the
premises. (See regulation
22)
 A body corporate,
incorporated outside
Malawi cannot hold land
in Malawi unless it is
authorized by a licence
issued by the Minister in
consultation with the
President to hold land in
Malawi, however, this
 This document was prepared by Blantyre legal
people of Malawi
and managed by
Government, a local
government authority or a
TraditionalAuthority…...
(see section 2)
 Used by the government for
development, such as national
parks, markets, forest reserves etc.
b. Customary land; is
defined as land held,
occupied and used in
accordance with
customary law.
c. Private land defined as all
land which is owned, held
or occupied under a
freehold title, leasehold
title or as a customary
estate or which is
registered as private land
under the Registered Land
Act.
 This is used by the holder of such
land for any legal purposes.
E. The Processes 10. Adjudication of Title  This Act applies with respect to
of Land Act Chap 58:05 of land, not being customary land, in
Registration Laws of Malawi any area declared by the Minister
in the responsible for land as an
Different adjudication area. (See section 3)
Statues
does not apply to body
corporate incorporated in
Malawi under the
Companies Act or any
other written law. (See
section 10)
 The minister has the
authority to upon
application by any person
in prescribed manner,
grant or allocate leasehold
or customary estate under
conditions as the Minister
considers appropriate. (See
section 21)
 Any grant of private land
to any person who is not a
citizen of Malawi shall not
be for an estate greater
than fifty years unless the
same is explained in the
application for a greater
period, (See section 38)
 In general, the tenure
System is suitable for the
development of Tree
Crops like Macadamia as
the minister may grant a
lease after a successful
application for the
necessary period of the
project,
 First the Adjudication
Officer has to divide each
adjudication area into two
or more adjudication
sections or declare the
whole area to be a single
adjudication section, and
give each such
adjudication section a
distinctive name. (See
section 5)
 The Adjudication Officer
then prepares a separate
notice in respect of each
adjudication section;
specifying the situation
 This document was prepared by Blantyre legal
11. Deeds Registration  Requires all deeds, conveyances,
Act.Chap58:02 of Laws wills and instruments in writing
of Malawi whereby any land or interest in or
affecting land other than
registered land is subject to
compulsory registration in the
Deeds Registry Office. ( See
section 6)
and limits of the
adjudication section;
declaring that all interests
in land in the such section
will be ascertained and
recorded; requiring any
person who claims any
interest in land within the
adjudication section to
make a claim. (See section
6)
 Act requires the
Adjudication Officer,
Demarcation Officer or
Recording Officer to call
upon the Deeds Registrar
to supply the one claiming
an interest in land with a
certified copy of any
document relevant thereto
and registered under the
provisions of the Deeds
Registration Act. (See
section 9)
 The Act requires the
document presented for
registration to have been
endorsed thereon a
certificate in the form set
out in the Second
Schedule signed by the
person or firm
presenting such
document. It is important
to note that a document
may be presented for
registration through the
post or under cover if it is
accompanied by the
prescribed fee and by a
letter requesting
registration signed by the
person or firm who has
signed the form of
certificate set out in the
Second Schedule. (See
section 16)
 Act requires a document
on a presentation for
registration to contain a
 This document was prepared by Blantyre legal
12. Customary Land Act  Any person, family unit, a group
of persons recognized under
customary law or who have
formed themselves together as an
association, a cooperative society
may apply to a land committee
responsible for that land for the
grant of a customary estate. (See
section 21)
 of receipt of an application
description of the land to
which it refers sufficient
for its proper
identification; the
registered number of some
previous document
relating to the land to
which it refers except a
Grant of Probate, a Grant
of Letters of
Administration or other
order of any Court; a
power of attorney any
certificate of title granted
under the Lands
Acquisition Act, among
others. (See section 17)
 An application for a
customary estate has to be
in a prescribed form,
signed by the applicant(s),
and accompanied by a fee
if applicable or any other
required information.
 The Act requires the Land
Committee within 90 days
for a customary estate or
within 90 days of the
submission of further
information to determine
the application. (see
section 22)
 where a land committee
grants a customary estate,
it is supposed to deliver a
written offer to the
applicant who is required
within 21 days, to accept
or decline the offer in
writing. If the applicant
accepted the offer, the
committee is required to
issue a certificate known
as the “Certificate of
Customary Estate.
 The certificate is not valid
until a fee applicable
under the Act, if any, is
paid in full. (See section
23)
 This document was prepared by Blantyre legal

13. Registered Land Act  Section 12 of the registered land 

(Amendment) Act provides for the
manner of registration of land.

 It provides that the first

registration of any piece should be
effected by the preparation of a
register or registers and the
signing by the Registrar of the
particulars of the proprietorship
and the particulars of
encumbrances if any appearing
thereon.

 It further provides that the

subsequent registration should be
effected by an entry in the land
register in such form as the Chief
Land Registrar may from time to
time direct, and by the
cancellation of the entry, if any,
which it replaces.

 The Act prohibits the subsequent

registration to be made with
respect to a customary estate or a
lease of customary land within a
Traditional Management Area
unless the Registrar is satisfied
that the dealing in such land or
lease, which required registration,
has the written consent of a land
committee responsible for the
area, and the Traditional Authority
whose jurisdiction the land is
situated and Registrar should file a
copy of the consent given by the
Committee.

F. Green House 14. Environment  The EMA gives the Minister  Regulation 4 of the
Gas Management Act authority to make regulations that Environment 
Regulation in (EMA)Chapter 60:02 prohibit the importation of Management 
Malawi of the Laws of Malawi substances, activities and practices (Management of Ozone 
15. Environment  that deplete or are likely to deplete Depleting Substances) 
Management  the stratospheric ozone layer and Regulations requires that
(Management Of  other components of the any natural person or
Ozone Depleting  stratosphere. (See section 41) company that wants to
Substances)  import ozone-depleting
Regulations  The EMA requires a license for substances (ODS)listed in
the importation or exportation of the Third and Fifth
any appliance, equipment or any Schedules should apply for
 This document was prepared by Blantyre legal

other thing which uses substances a permit.

that deplete the stratospheric
ozone layer.(See 41(3)).
 Use of ODS listed in the 
First and Second
Schedules is prohibited.
(See regulation 11)

G. Who owns 16. Malawi does not have  Carbon rights (usually used in the
Carbon rights any legislation or plural form) refer to a justified N/A
in Malawi? regulations specifying claim that there is a benefit from
who owns the carbon reduced GHG emissions and/or
rights. sequestered carbon. The
justification can be based on an
17. Malawi is however activity that leads to forest
party to the United conservation or an asset, such as
Nations Framework the title or management right to
Convention on Climate land that enables forest
Change (UNFCCC). conservation.

 The question of who is entitled to

benefit from carbon rights
transactions under the UNFCCC
to reduce emissions from
deforestation and forest
degradation (REDD+) remains
unclear in Malawi.

 The UNFCCC to which Malawi is

party does not prescribe as to who
owns carbon rights. Thus, it is a
matter of domestic law.
H. Carbon 18. Malawi only has  Carbon markets are in two forms;  The Carbon Market exists
Market and Sectoral regulations in a. Regulated or compliance in Malawi albeit without
Credit dealing with carbon markets, such as those clear or unified
Regulation markets and created by the United Nations regulations.
regulations. Framework Convention on
Climate  The Environmental Affairs
19. The Environmental Change(UNFCCC)implemen Department (EAD) in the
Affairs Department ted under the Kyoto Ministry of Natural
(EAD) in the Ministry Protocol. Resources, Energy and
of Natural Resources,  The Kyoto Protocol creates an Environment is the Clean
Energy and obligation to developed countries Development Mechanism
Environment is the to reduce GHG emissions by (CDM) designated
Clean Development prescribing a reduction of a national authority.
Mechanism (CDM) certain percentage in a given
designated national period.  Thus, to register any
authority. project for a carbon offset,
20. Note: The sectoral  Where a developed country has it has to follow the sectoral
 This document was prepared by Blantyre legal

regulations could not failed to meet its obligation, the
be found online Kyoto Protocol creates a flexible
Mechanism which allows the
purchase of GHG emission
reductions from developing
counties.
regulations under the
EAD. (We couldn’t find
these online but the same
can be obtained at the
EAD)

 These can be bought from projects

which reduce emissions in
developing countries under the
Clean Development Mechanism
(CDM). (See Article 12)

 A CDM project activity might

involve, for example,
Afforestation or a rural
electrification project using solar
panels etc.

 In practice this means that Malawi

has no GHG emission restrictions,
but when a greenhouse gas
emission reduction project (an
“offset”) is implemented the
project will receive Carbon
Credits, which can then be sold.

b. Voluntary or pre-
compliance markets
 Similar to the CDM, GHG
emission reduction projects from a
voluntary standard receive a
unique serial number which is
unique to the program and can be
monitored and tracked in a
program’s registry system.
Existing voluntary programs
include: American Carbon
Registry (ACR), Verified Carbon
Standard (VCS) and the Gold
Standard (GS)
 These can be effective means of
attracting outside capital to
specific projects in Malawi.

 For example, Total Land Care, a

Malawian NGO, presented one of
their promising projects selling
REDD+ carbon credits through
the voluntary market with the help
 This document was prepared by Blantyre legal
of Terra Global Capital and U.S.
AID
I. Classification 21. Employment Act  This is an Act to establish,
of wages, Chapter 55:01 reinforce and regulate minimum
Minimum 22. Employment  standards of employment with the
wage. (Minimum Wages)  purpose of
Order Made under ensuring equity necessary for
section 54 of the enhancing industrial peace,
principal Act. accelerated economic growth and
social justice and for matters
connected therewith and
incidental thereto
 The Act defines “wages” as all
earnings, however, designated or
calculated, capable of being
expressed in terms of money and
fixed by mutual agreement or by
law, which is payable by virtue of
a written or unwritten contract of
employment by an employer to an
employee for work done or to is
done or for service rendered or to
be rendered. (See section 2)
 Whereas remuneration” has been
defined as the wage or salary and
any additional benefits,
allowances or emoluments
whatsoever payable, directly or
indirectly, whether in cash or in
kind, by the employer to the
employee and arising out of the
employee’s employment;
 The law in regards to wages is
provided in Part VII of the Act.
 The wages payable to an
employee shall be paid in
accordance with the terms
of the employment
contract
Provided that they shall be
paid—
(a) not less often than once
a week or fortnight in the
case of an employee
whose wages are—
(i) fixed by the hour, day
or week; or
(ii) calculated solely on a
piece-work or task-work
basis, or
(b) not less than once a
month in the case of an
employee whose wages
are fixed on a monthly or
yearly basis. (See section
50)
 In regards to Minimum
Wages, the Act gives
power to the Minister to
fix a minimum wage for
any group of workers (See
section 51)
 The current minimum
wages as per the
Employment (Minimum 
Wages) Order is as
follows;
 All urban and rural areas
an amount of not less than
MK1,923.08 per day and
per month not less than
MK 50,000.00
 Truck drivers International
for 30 tonnes and above an
amount of not less than
MK100,000,00
 Truck driver below 30
tonnes not less than
MK60,000.00
 Domestic workers an
amount of not less than
 This document was prepared by Blantyre legal

MK1,461.54 per day and

J. Water 23. Water Resources Act  This an Act to provide for the
Abstraction Chapter 72:03 management, conservation, use
24. Water Resources and control of water resources; for
Regulations, the acquisition and regulation of
2018. rights to use water; and for
matters connected therewith or
incidental thereto.
 That Act requires that any person
that intends to abstract and use
water should apply to the
authorities in the prescribed form
for a licence (See section 40)
 "Abstraction" has been defined as
the extraction of water from any
water source either permanently
or temporarily. (Regulation 2)
 The application for the licence
should be accompanied by a
prescribed charge and an
environmental impact analysis of
the proposed abstraction of water
upon the environment and existing
water users and water resources.
(See section 40(5))
not less than MK38,000.00
per Month.
 An application for a
licence for water
abstraction can be made in
form A1, the Second
Schedule of the
regulations.
 The Application should be
made to the National
Water Resources
Authority (Authority)
Established under
Section of the Act
 The Authority shall require
the applicant to provide
satisfactory evidence of a
person or body's legal
status.

 The Act requires that any

application or action taken under
it there should have public
consultations. (See section 152)

 Further the Act requires that the

application or proposed action be
publish or broadcast, as the case
may be, a notice,
a. in the Gazette;
b. in at least one national
newspaper circulating in the area
to which the application or
proposed action relates;
c. in at least one local radio
station broadcasting in that
area (See156)