Setting Up a Solar Farm on Customary Land in Zambia: A Focus on Customary Tenure
A critical first step is conducting due diligence. It is essential to investigate and confirm that the land under consideration is indeed customary. During this survey, attention should be paid to any communal or state property that falls outside customary control, such as national parks, water catchment areas, or resettlement schemes. Additionally, it is necessary to determine which area Chief governs the land and understand the customary practices for community engagement and obtaining approvals.
After due diligence, initial consultation is key. Engaging the local community and traditional leaders is essential for introducing the solar farm project, explaining its benefits, and addressing any concerns. Building trust with the community establishes a foundation of transparency, ensuring they understand the project’s long-term impact. Following consultation, the next step is obtaining consent, which includes formal approvals from traditional leaders (such as headmen and Chiefs) and community meetings. Depending on the area, the approach to obtaining consent may vary, with some regions adopting a top-down method, while others use a bottom-up approach.
Documentation and legalization come next. This step involves obtaining a document that formalizes the grant of customary land for the solar farm. Depending on the needs of the parties involved and the customary area, this documentation could take the form of a Memorandum of Understanding, customary land certificate, lease, license, or approval for converting part of the customary land into statutory land. In all cases, these documents require endorsement from the area Chief, who holds the land in trust for the community. After securing the approval document, it is important to ensure that it aligns with both customary practices and statutory requirements.
Once approvals are in place, an Environmental Impact Assessment (EIA) should be conducted to evaluate the potential environmental and social impacts of the solar farm. This process involves public consultations and must receive approval from the Zambia Environmental Management Agency (ZEMA). Following the EIA, developers can obtain the necessary licenses and permits from relevant authorities, such as the Energy Regulation Board (ERB).
In summary, setting up a solar farm on customary land in Zambia requires developers to respect customary tenure, engage the community, secure consent from traditional leaders, and comply with regulatory requirements. Involving all stakeholders is essential to avoid land disputes. Incorporating local customs and traditions can foster community acceptance and support for the project.
By following these detailed practices and legal considerations, developers can effectively manage their projects’ environmental, social, and governance (ESG) compliance, mitigate risks, and enhance overall sustainability. If you would like to explore specific aspects further, feel free to reach out by completing the form below.
