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LEADLawEnvironment and

DevelopmentJournal

VOLUME

3/3

TANZANIA - ENVIRONMENTAL MANAGEMENT ACT, 2004

LEAD Journal (Law, Environment and Development Journal)is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the

School of Law, School of Oriental and African Studies (SOAS) - University of Londonand the International Environmental Law Research Centre (IELRC).

LEAD is published at www.lead-journal.orgISSN 1746-5893

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This document can be cited as‘Tanzania - Environmental Management Act, 2004’,

3/3 Law, Environment and Development Journal (2007), p. 290,available at http://www.lead-journal.org/content/07290.pdf

Published under a Creative Commons Attribution-NonCommercial-NoDerivs 2.0 License

TANZANIA - ENVIRONMENTAL MANAGEMENT ACT, 2004

TABLE OF CONTENTS

1. Preliminary Provisions 292

2. General Principles 296

3. Administration And Institutional Arrangement 298

4. Environmental Planning 306

5. Environmental Management 308

6. Environmental Impact Assessment And Other Assessments 319

7. Strategic Environmental Assessment 324

8. Pollution Prevention And Control 326

9. Waste Management 329

10. Environmental Quality Standards 335

11. Environmental Restoration, Easements and Conservation Orders 338

12. Analysis And Records 342

13. Environmental Information, Education And Research 344

14. Public Participation In Environmental Decision Making 346

15. International Agreements 346

16. Compliance And Enforcement 347

17. Environmental Appeals Tribunal 354

18. National Environmental Trust Fund 357

19. Financial Provisions 358

20. General And Transitional Provisions 359

Schedules 363

1. Composition, Meeting and Procedure of the NationalEnvironmental Advisory Committee 363

2. Procedure for the Conduct of Business by the Board 364

3. Type of Projects which require Eia 366

4. Composition and Proceedings of the Board of Trustees of the Fund 367

THE ENVIRONMENTAL MANAGEMENTACT, 2004

NO. 20 OF 2004

An Act to provide for legal and institutional frameworkfor sustainable management of environment; to outlineprinciples for management, impact and risk assessments,prevention and control of pollution, wastemanagement, environmental quality standards, publicparticipation, compliance and enforcement; to providebasis for implementation of international instrumentson environment; to provide for implementation of theNational Environment Policy; to repeal the NationalEnvironment Management Act, 1983 and provide forcontinued existence of the National EnvironmentManagement Council; to provide for establishment ofthe National Environmental Trust Fund and to providefor other related matters.

ENACTED by Parliament of the United Republic ofTanzania.

1PRELIMINARY PROVISIONS

1. This Act may be cited as the EnvironmentalManagement Act, 2004.

2. (1) This Act shall come into operation on suchdate as the Minister may, by notice publishedin the Gazette, appoint.

(2) This Act shall apply to Mainland Tanzania.

3. In this Act, unless the context requires otherwise-

“Act” means the Environmental ManagementAct, 2004;

“analysis” means the testing or examination ofany matter, substance or process for the purpose ofdetermining its composition or qualities or its effect(whether physical, chemical or biological) on anysegment of the environment or examination ofemissions or recording of noise or sub-sonic

vibrations to determine the level or othercharacteristics of the noise or sub-sonic vibration orits effect on any segments of the environment;

“analyst” means an analyst appointed ordesignated under section 163;

“beneficial use” means a use of the environmentor any element or segment of the environment thatis conducive to public health, welfare or safety andwhich requires protection from the effects of wastes,discharges, emissions and deposits;

“biological diversity” means the variability amongliving organisms from all sources including, terrestrialecosystems, aquatic ecosystems and the ecologicalcomplexes of which they are part; this includes diversitywithin species, among species and of ecosystems;

“biological resources” include genetic resources,organisms or parts thereof, populations, or any otherbiotic component or ecosystems with actual orpotential use or value for humanity;

“Board” means the Board of Directors of theNational Environment Management Councilreferred to under section 19(1);

“biosafety” means avoidance of risk to theprotection of the environment and to human health,as a result of the use for research and commerce ofgenetically modified organisms;

“burdened land” means any land upon which anenvironmental easement has been imposed;

“chemical” means a chemical substance in anyform whether by itself or in a mixture orpreparations, whether manufactured or derived fromnature and for the purpose of this Act includesindustrial chemicals, pesticides, fertilizers and drugs;

“Council” means the National EnvironmentManagement Council referred to under section 16;

“decision-making processes” meansinstitutionalized processes or procedures initiated bypublic or private institutions with the intention ofmaking decisions with potential to have socio-economic and environmental consequences;

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Shorttitle

Commen-cement

andapplication

Interpre-tation

“developer” means a person who is developing aproject which is subject to an environmental impactassessment process under this Act;

“Director of Environment” means a Director ofEnvironment appointed pursuant to section 14;

“Director General” means the Director Generalof the National Environment Management Council;

“ecosystem” means a dynamic complex of plant,animal, micro-organism communities and their non-living environment interacting as a functional unit;

“effluent” means gaseous waste, water or liquidor other fluid of domestic, agricultural, trade orindustrial origin treated or untreated and dischargeddirectly or indirectly into the environment;

“element” in relation to the environment meansany of the principal constituent parts of theenvironment including water, atmosphere, soil,vegetation, climate, sound, odour, aesthetics, fish andwildlife;

“environment” includes the physical factors ofthe surroundings of human beings including air,land, water, climate, sound, light, odour, taste,micro-organism, the biological factors of animals andplants, cultural resources and the social economicfactor of aesthetics and includes both the natural andthe built environment and the way they interact;

“environmental audit” means the systematic,documented, periodic and objective evaluation ofhow well environmental organization, managementand equipment are performing in conserving orpreserving the environment;

“environmental easement” means an easementcreated in pursuance of section 156;

“environmental education” includes the processof recognizing values and clarifying concepts in orderto develop skills and attitudes necessary tounderstand and appreciate the inter-relationshipamong human beings, their culture and biophysicalsurroundings;

“environmental impact assessment” means asystematic examination conducted to determinewhether or not a programme, activity or project willhave any adverse impacts on the environment;

“Environmental Inspector” means an inspectorappointed under or designated pursuant to section182;

“environmental management” includes theprotection, conservation and sustainable use ofvarious elements or components of the environment;

“environmental monitoring” means thecontinuous or periodic determination of actual andpotential effects of any activity or phenomenon onthe environment whether short-term or long-term;

“environmental planning” means planning thattakes into account environmental exigencies;

“environmental resources” includes the resourcesof the air, land, flora, fauna and water together withtheir aesthetical qualities;

“environmental restoration order” means anorder issued under section 151;

“environmentally friendly” includes anyphenomenon or activity that does not cause harmor degradation to the environment;

“environmental health” means and comprises ofaspects of human health and disease that aredetermined by factors in the environment;

“ex – situ conservation” means the conservationof components of biological diversity outside theirnatural habitats;

“Fund” means the National EnvironmentalTrust Fund established by section 213(1);

“gaseous wastes” means gaseous emissionsreferred to under section 132(1) and includes otheremissions which may be prescribed;

“genetic material” means any material of plant,animal, microbial or other organism containingfunctional units of heredity;

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“Genetically Modified Organism (GMO)” meansany biological entity capable of replication ortransfer of genetic information, and includes plant,animals, bacteria and all other kinds of micro-organisms, cell cultures, viruses, plasmids and otherkinds of vectors, created and propagated; by meansof cell or gene technology; in which the geneticmaterial has been altered in a way that does not occurnaturally;

“genetic resources” means genetic material ofactual or potential value;

“good environmental practice” means practicethat is in accordance with the provisions of this Actor any other relevant law;

“hazardous substance” means any chemical,waste, gas, medicine, drug, plant, animal or microorganism which is likely to be injurious to humanhealth, life or the environment;

“hazardous waste” means any solid, liquid,gaseous or sludge waste which by reason of itschemical reactivity, environmental or humanhazardousness, its infectiousness, toxicity,explosiveness and corrosiveness is harmful to humanhealth, life or environment;

“industrial waste” means waste emanating fromprocessing industries or non-processing industriesthat is the source of energy, water, treatment plantsor communication and includes any other solidwastes referred to under part IX;

“in-situ conservation” means conservation ofbiological diversity within the natural ecosystem andhabitat of the biological organism;

“Minister” means the Minister responsible formatters relating to the environment;

“noise” means any pollution caused by soundthat is intrinsically objectionable or that may causeadverse effect in human health, life or theenvironment and includes sound that may beprescribed by the National Environmental StandardsCommittee;

“ozone layer” means the layer of the atmosphericzone above the planetary boundary as defined in theVienna Convention for the Protection of the OzoneLayer, 1985;

“participation” means opportunity and abilityto influence the outcome of a decision-makingprocess;

“Persistent Organic Pollutants (POPs)” has themeaning ascribed to them under the Industrial andConsumer Chemicals (Management and Control)Act, 2003.

“polluter-pays principle” means a mechanismwhereby the cost of cleaning up any element of theenvironment damaged by pollution, compensatingvictims of pollution, cost of beneficial uses lost as aresult of an act of pollution and other costs that areconnected with or incidental to the foregoing, is tobe paid or borne by the person convicted ofpollution under this Act or any other applicable law;

“pollution” means any direct or indirectalteration of the physical, thermal, chemical,biological, or radio-active properties of any part ofthe environment by discharging, emitting, ordepositing of wastes so as to adversely affect anybeneficial use, to cause a condition which ishazardous to public health, safety or welfare, or toanimals, birds, wildlife, fish or aquatic life, or toplants or to cause contravention of any condition,limitation, or restriction which is the subject to alicence under this Act;

“premises” include measuages, buildings, lands,and hereditaments in every tenure and machinery,plant or vehicle used in connection with any tradecarried on at any premises;

“Prior Information Chemicals” means hazardouschemicals and pesticides that require control ininternational trade as provided by the RotterdamConvention and includes any other chemicals orpesticides which have been designated as such underany other international agreement to which theUnited Republic is a party;


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“project” includes any project, programme orpolicy that leads to projects which may have animpact on the environment;

“proponent” means a person proposing orexecuting a project, programme or an undertakingspecified in the Third Schedule;

“public” means individuals, civil societyorganizations and institutions, community basedorganizations, public and private institutions;

“radiation” has the meaning ascribed to it underthe Atomic Energy Act, 2003 and includes ionisingradiation and any other radiation likely to haveadverse effects on human health, life or theenvironment;

“risk assessment” means the evaluation of thedirect and indirect risks to human and animal health,the environment, biological diversity and to thesocio-economic conditions and ethical values of thecountry or its populace which may be posed by theimport, contained use, deliberate release or placingon the market of GMOs or its products;

“segment” in relation to the environment meansany portion or portions of the environmentexpressed in terms of volume, space, area, quantity,quality or time or any combination thereof;

“sewage” means a combination of excreta, urine,and sullage and liquid wastes from homesteads,institutional, commercial and industrial processesand operations;

“soil” includes earth, sand, rock, shales, mineral,vegetation, and the flora and fauna in the soil andderivatives thereof such as dust;

“solid waste disposal” means the final stage insolid waste management system;

“solid waste” means non-liquid materials arisingfrom domestic, street, commercial, industrial andagricultural activities; and includes refuse or garbage,non-liquid materials arising from construction anddemolition activities, garden trimmings and miningoperations, dead animals and abandoned cars scraps;

“solid waste management” means an essentialservice that is provided to protect the environmentand public health, promote hygiene, recovermaterials, avoid waste, reduce waste quantities,decrease emission and residuals and prevent spreadof diseases;

“standard” means the limits of discharge oremissions established under this Act or underregulations made pursuant to this Act or any otherwritten law;

“sustainable development” means developmentthat meets the needs of the present generationwithout compromising the ability of futuregenerations to meet their needs by maintaining thecarrying capacity of the supporting ecosystems;

“sustainable use” means present use of theenvironment or natural resources which does notcompromise the ability to use the same by futuregenerations or degrade the carrying capacity ofsupporting ecosystems;

“trade” means any trade, business or undertakingwhether originally carried on at fixed premises orat varying places which may result in the dischargeof substances and energy and includes any activityprescribed to be a trade, business or undertaking forthe purposes of this Act;

“transfer stations” with respect to solid wastemanagement, means areas of land set aside forcollection of solid waste generated from varioussources before their final disposal;

“Tribunal” means the Environmental AppealsTribunal established under section 204;

“waste” means any matter whether liquid, solid,gaseous or radioactive, which is discharged, emittedor deposited in the environment in such volume,composition or manner likely to cause an alterationof the environment, and includes such waste as maybe prescribed under this Act; and

“water” includes drinking water, river, stream,water-course, reservoir, well, dam, canal, channel,lake, swamp, open drain, or underground water.


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practicable to its condition immediatelyprior to the damage; and

(f) provide compensation for any victim ofharm or omission and the cost ofbeneficial uses lost as a result of an activitythat has caused harm to human health orthe environment.

(3) The Tribunal, court and any personexercising jurisdiction under this Act shall,in relation to any decision, order, exercise ofany power or performance of any function,be guided by the following principles ofenvironment and sustainable development-

(a) the precautionary principle;

(b) the polluter pays principle;

(c) the principle of eco-system integrity;

(d) the principle of public participation in thedevelopment policies, plans and processesfor the management of the environment;

(e) the principle of access to justice;

(f) the principle of inter-generational equityand intra-generational equity;

(g) the principle of international co-operation in management ofenvironmental resources shared by twoor more states; and

(h) the principle of common butdifferentiated responsibilities.

6. Every person living in Tanzania shall have a stakeand a duty to safeguard and enhance theenvironment and to inform the relevantauthority of any activity and phenomenon thatmay affect the environment significantly.

7. (1) The objective of this Act is to provide forand promote the enhancement, protection,conservation and management of theenvironment.

2GENERAL PRINCIPLES

4. (1) Every person living in Tanzania shall have aright to clean, safe and healthy environment.

(2) The right to clean, safe and healthyenvironment shall include the right of accessby any citizen to the various public elementsor segments of the environment forrecreational, educational, health, spiritual,cultural and economic purposes.

5. (1) Every person may, where a right referred toin section 4 is threatened as a result of an actor omission which is likely to cause harm tohuman health or the environment, bring anaction against the person whose act oromission is likely to cause harm to humanhealth or the environment.

(2) The action referred to in subsection (1) mayseek to-

(a) prevent, stop or discontinue any activityor omission, which is likely to cause harmto human health or the environment;

(b) compel any public officer to takemeasures to prevent or discontinue anyact or omission, which is likely to causeharm to human health or environment;

(c) require that any on-going activity oromission be subjected to anenvironmental audit or monitoring;

(d) require the person whose activity oromission is likely to cause harm to humanhealth or the environment, to takemeasures to protect the environment orhuman health;

(e) compel the persons responsible for theenvironmental degradation to restore thedegraded environment as far as


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Right toclean, safe

and healthyenvironment

Right tobring an

action onenvironment

Duty toprotect theenvironment

Principles ofenvironmentalmanagement

(2) In the promotion of the objective referredto under subsection (1), this Act provides alegal framework necessary for coordinatingharmonious and conflicting activities with aview to integrating such activities into anoverall sustainable environmentalmanagement system by providing keytechnical support to Sector Ministries.

(3) In achieving the objective of this Act, everyperson exercising powers under this Act shallobserve the principle that:

(a) the environment is the common heritageof present and future generations;

(b) adverse effects be prevented or minimizedthrough long-term integrated planningand coordination, integration and co-operation of efforts, which consider theentire environment as a whole entity;

(c) the precautionary principle, whichrequires that where there is risk of seriousirreversible adverse effects occurring, alack of scientific certainty should notprevent or impair the taking ofprecautionary measures to protect theenvironment;

(d) the polluter pays principle, whichrequires that any person causing adverseeffect on the environment shall berequired to pay in full social andenvironmental costs of avoiding,mitigating, and or remedying thoseadverse effects;

(e) the public participation principle, whichrequires the involvement of the peoplein the development of policies, plans andprocesses for the management of theenvironment;

(f) access to environmental information,which enables citizens to make informedpersonal choices and encouragesimproved performance by industry andgovernment;

(g) access to justice, which gives individuals,the public and interest groups of personsthe opportunity to protect their rights toparticipation and to contest decisions thatdo not take their interest into account;

(h) the generation of waste be minimised,wherever practicable, waste should, inorder of priority, be re-used, recycled,recovered and disposed of safely in amanner that avoids creating adverseeffects or if this is not practicable, is leastlikely to cause adverse effects;

(i) the environment and natural resourcesare vital to peoples livelihood, to be usedsustainably in order to achieve povertyreduction, and social economicdevelopment;

(j) non-renewable natural resources only beused prudently, taking into account theconsequences for the present and thefuture generations; and

(k) renewable natural resources andecosystems only be used in a manner thatis sustainable and does not prejudice theirviability and integrity.

(4) With regard to observance of the principlesstipulated under subsection (1), the Ministershall be overall responsible for fostering co-ordination between the Government, localgovernment authorities and other bodiesengaged in environmental management as across-cutting issue and shall in that respectmaintain a system of collaboration,consultation and co-operation with anyperson having functions provided under thisAct.

8. Any person performing a public function who,in the course of performing that function, isrequired to take any action, make a decision,create, revise, or implement any policy, plan,strategy, legislation, guideline or procedure, thatis likely to affect the management, conservationor enhancement of the environment or thesustainable management of natural and cultural


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Obligationto giveeffect toenviron-mentalprinciples

resources shall have regard to principles ofenvironmental management.

9. All persons exercising powers under this Act orunder any other written law having a bearingon the management of the environment shallstrive to promote and have regard to the NationalEnvironmental Policy.

10. (1) The Minister shall designate a special day tobe known as Environment Day whereinevents and activities will be organized tohighlight the objectives of the day, purposesof the Act and to encourage willingness topursue activities related to environmentalconservation, protection and management.

(2) The Government, the Council and allrelevant institutions shall make efforts tocarry out events which support the spirit andobjective of the Environment Day.

3ADMINISTRATION AND INSTITUTIONALARRANGEMENT

3.1 National EnvironmentalAdvisory Committee

11. (1) There is established the NationalEnvironmental Advisory Committee whichshall be an advisory body to the Minister.

(2) The National Environmental AdvisoryCommittee shall be composed of memberswhose experience shall reflect the variousfields of environmental management in thepublic, private sector and the civil society.

(3) The National Environmental AdvisoryCommittee shall consist of the membersspecified in the First Schedule to this Act.


12. The National Environmental AdvisoryCommittee shall advise the Minister or anysector ministry on any matter which may bereferred to it, and in particular, it shall-

(a) examine any matter which may bereferred to it by the Minister or any sectorMinistry relating to the protection andmanagement of the environment andshall recommend to the Minister or thesector Ministry, as the case may be, suchaction as is necessary for achieving theobjectives of this Act;

(b) advise the Minister on any matter inconnection with restocking andlimitation of stock;

(c) advise the Minister on matters relating towatering, grazing, depasturing andmoving stock;

(d) make recommendation to the Ministerwhere there is degradation of theenvironment;

(e) review and advise on any environmentalstandards, guidelines and regulationswhich are to be made pursuant to theprovisions of this Act;

(f) receive and deliberate reports from sectorministries on the protection andmanagement of the environment underthis Act and other written laws; and

(g) perform such other environmentaladvisory services to the Minister as arenecessary.

3.2 Minister Responsible forEnvironment

13. (1) The Minister shall be overall responsible formatters relating to environment and shall inthat respect be responsible for articulationof policy guidelines necessary for thepromotion, protection and sustainablemanagement of environment in Tanzania.

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mentalPolicy

Environ-mentDay

Establish-ment

andcompositionof members

of theCommittee

Functionsof theNationalEnviron-mentalAdvisoryCommittee

Powersof theMinister

(2) The Minister may issue general guidelines tothe Sector Ministries, GovernmentDepartments, the Council, NationalEnvironment Advisory Committee, City,Municipal or District EnvironmentalManagement Committee, agency or anyother public or private institution necessaryfor the purposes of implementation of orgiving effect to the provisions of this Act.

(3) The Minister may designate and shall, whereappropriate, direct any of the institutionsreferred to under subsection (2) and withinspecified time, to perform any function ordo any activity or desist from performing anyfunction or doing any activity as a result ofwhich the environment or part of it is or maybe seriously endangered or detrimentallyaffected.

(4) Where the Minister has given a directivepursuant to subsection (3) to any of thebodies in respect to which the directive wasissued shall comply or give effect to suchdirective.

3.3 Director of Environment

14. There shall be the Director of Environment andsuch other officers as may be necessary forproper discharge of the functions of the officeof the Director of Environment.

15. On matters pertaining to the management of theenvironment, the Director of Environment shall:

(a) coordinate various environmentmanagement activities being undertakenby other agencies and promote theintegration of environmentconsiderations into development policies,plans, programmes, strategies, projectsand undertake strategic environmentalassessment with a view to ensuring theproper management and rationalutilization of environmental resources ona sustainable basis for the improvementof the quality of human life in Tanzania;

(b) advise the Government on legislative andother measures for the management ofthe environment or the implementationof the relevant international agreementsin the field of environment;

(c) advise the Government on internationalenvironmental agreements to whichTanzania should be a member orwithdraw its membership;

(d) monitor and assess activities, beingcarried out by relevant agencies in orderto ensure that the environment is notdegraded by such activities,environmental management objectivesare adhered to and adequate earlywarning on impending environmentalemergency is given;

(e) prepare and issue a report on the state ofthe environment in Tanzania;

(f) coordinate issues relating to articulationand implementation of environmentalmanagement aspects of other sectorpolicies; and

(g) coordinate issues relating to articulationand implementation of the NationalEnvironmental Policy.

3.4 National EnvironmentManagement Council

16. (1) There shall be a Council to be known as theNational Environment ManagementCouncil, also to be known by acronym“NEMC”.

(2) The Council shall-

(a) be a body corporate with perpetualsuccession and common seal;

(b) in its corporate name, be capable of suingand being sued; and


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Director ofEnvironment

Functionsof the

Director ofEnvironment The

Council

(c) for and in connection with the purposesof this Act, be capable of holding,purchasing and otherwise acquiring anddisposing of movable or immovableproperty.

17. (1) The object and purpose for which theCouncil is established is to undertakeenforcement, compliance, review andmonitoring of environmental impactassessment and in that regard, shall facilitatepublic participation in environmentaldecision making, exercise general supervisionand coordination over all matters relating tothe environment assigned to the Council,under this Act or any other written law.

(2) The Council shall prepare and submit to theMinister a bi-annual report concerning howit has implemented the provisions of this Actand fulfilled the objects and the purpose forwhich it was established.

18. (1) The Council may, for the purposes ofcarrying out its functions under this Act, doall such acts as may appear to it to berequisite, advantageous or convenient for orin connection with the carrying out of thosefunctions or to be incidental to their properperformance and may carry on any activitiesin that behalf either alone or in associationwith any other person or body of persons.

(2) Without prejudice to subsection (1), theCouncil shall, in collaboration with relevantsector ministries:

(a) carry on environmental audit in relationto section 101;

(b) carry out surveys which will assist in theproper management and conservation ofthe environment;

(c) undertake and co-ordinate research,investigation and surveys in the field ofenvironment and collect, and disseminateinformation about the findings of suchresearch, investigation or survey;

(d) review and recommend for approval ofenvironment impact statements;

(e) identify projects and programmes ortypes of projects and programmes, forwhich environmental audit orenvironmental monitoring must beconducted under this Act;

(f) enforce and ensure compliance of thenational environmental quality standards;

(g) initiate and evolve procedures andsafeguards for the prevention of accidentswhich may cause environmentaldegradation and evolve remedialmeasures where accidents occur;

(h) undertake, in co-operation with relevantsector Ministries programmes intended toenhance environmental education andpublic awareness about the need forsound environmental management aswell as for enlisting public support andencouraging the effort made by otherentities in that regard.

(i) publish and disseminate manuals, codesor guidelines relating to environmentalmanagement and prevention orabatement of environmental degradation;

(j) render advice and technical support,where possible, to entities engaged innatural resources and environmentalmanagement so as to enable them to carryout their responsibilities; and

(k) perform such other functions as theMinister may assign to it or as areincidental or conducive to the exercise byit of any or all of the functions providedunder this Act.

(3) Any person who is aggrieved by the decisionof the Council under this section may appealto the Minister.

19. (1) There shall be a Board of Directors of theCouncil.


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Functionsof the

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discipline has at least ten years workingexperience in the relevant field.

(3) The Director-General shall be the chiefexecutive officer of the Council and shall,subject to the provisions of this Act, beresponsible for the day to day managementof the affairs of the Council.

(4) The Director-General shall hold office for aterm of five years and may be eligible forreappointment for another term.

(5) The Director-General shall be responsible tothe Board for the proper administration andmanagement of the function and affairs ofthe Council and shall discharge other dutiesas may be assigned to him by the Board.

(6) The Director-General, staff and employeesof the Council shall be paid salaries andallowances as may be determined by theGovernment.

22. The Council may appoint such officers or otherstaff as are necessary for the proper discharge ofits functions under this Act or any other writtenlaw and upon such terms and conditions ofservice as the Board may determine.

23. The Council shall have all powers necessary forthe proper performance of its functions underthis Act and in particular, but without prejudiceto the generality of the foregoing, the Councilshall have power to-

(a) control, supervise and administer theassets of the Council in such manner asmay best promote the purpose for whichthe Council is established;

(b) determine the provisions to be made forcapital and recurrent expenditure and forreserves of the Council;

(c) receive any grants, gifts, donations orendowments and make disbursementsfrom grants, gifts, donations orendowments;

(2) The Council shall be managed by the Board,which shall consist of-

(a) the Chairman who shall be appointed bythe President;

(b) the Director of Environment; and

(c) seven members, appointed by theMinister at least two of whom beingwomen.

(3) The Director-General shall be the Secretaryto the Board.

(4) No person shall be appointed undersubsection (2)(a) and (c) unless such personholds at least a degree of a recognizeduniversity in the fields of environmental law,environmental health science, naturalresource management or a relevant socialscience or, in lieu thereof, such person shallhave proven experience and knowledge in thefield of environment management.

(5) The members referred to under paragraph(a) and (c) of subsection (2) shall be appointedat different times so that the respective expirydates of their terms of office shall fall vacantat different times.

20. (1) The Board shall meet at least three times ayear.

(2) Procedure for the conduct of business by theBoard and termination or cessation ofmembership to the Board shall be as providedfor under the Second Schedule to this Act.

21. (1) There shall be an office of the Director-General.

(2) The Director-General shall be appointed bythe President from among persons who, inaddition to holding a degree from arecognized university in the fields ofenvironmental law, environmental healthscience, environmental engineering, naturalresource management, or any other relevant


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Generalpowersof theCouncil

(d) enter into association with other bodiesor organisation within or outsideTanzania as it may consider desirable orappropriate and in furtherance of the purposefor which the Council is established;

(e) open a bank account or bank accountsfor the funds of the Council; and

(f) invest any funds of the Council which arenot immediately required for its purposesin the manner provided for in section 220.

24. (1) Subject to subsection (2), the Council may,after giving reasonable notice of its intentionso to do, direct any agency to perform, withinsuch time and in such manner as it shallspecify, any of the duties imposed upon anyagency by or under this Act or any otherwritten law, in relation to enforcement andcompliance and if such agency fails to complywith the direction, the Council may itselfperform or cause to be performed the dutiesin question, and the expense incurred by itin so doing shall be a civil debt recoverableby the Council from that agency.

(2) The Council shall seek and obtain writtenauthorization of the Minister beforeexercising power under this section.

25. The Council shall have and may exercise allnecessary powers required to bring aboutcompliance with any directive issued by it andmay, in that respect, take or cause to be takensuch measures including bringing action in thecourt of law or the Tribunal.

26. Subject to this Act, the Council may delegate toany sector Ministry, environmental managementbody, employee or agent of the Council, theexercise of any of the powers or the performanceof any of the functions or duties of the Councilunder this Act.

27. (1) There shall be a common seal of the Councilas may be determined by the Board.

(2) The common seal of the Council shall notbe affixed to any instrument except in the

presence of the Chairman or the Secretaryor some other officer of the Council and atleast one member of the Board.

28. No matter or thing done by the Board, memberof the Board, employee or agent of the Councilshall, if done in good faith during execution ofthe functions, powers or duties of the Council,render the Board, member, employee or agentpersonally liable to any action, claim or demandin any way.

29. For avoidance of conflict of interest, partialityand for the purpose of good practice, noemployee or staff of the Council, or agent of theCouncil or any person having contractualagreement with the Council to conduct reviewsof the environmental impact assessment shallcarry out environmental impact studiesconsequent upon compliance with therequirement of any provision of this Act.

3.5 Sector Ministries

30. There shall be established in each Ministry asector environmental section, which shall havesuch functions and duties as assigned to themunder this Act including-

(a) responsibility for ensuring compliance bythe sector Ministry with the requirementsof this Act;

(b) responsibility for ensuring allenvironmental matters contained in otherwritten law falling under sector ministryare implemented and report of theirimplementation is submitted to theDirector of Environment; and

(c) liaison with the Director of Environmentand the Council on matters involvingenvironment and all matters with respectto which cooperation or sharedresponsibility is desirable or requiredunder this Act.

31. (1) Each sector environmental section shall berequired-


302

Powersof the

Councilin respect

of otheragencies

Perfor-mance ofthe func-

tions of theCouncil by

other bodies

Commonseal of the

Council

Powersof the

Councilto ensure

compliance

Indemnityof theBoard,member, etc.,frompersonalliability

Conflict ofinterest

Establishmentof sectorenvironmentsection

Functionsof sectorenvironmentsection

(a) to advise on and, in collaboration withother bodies, implement the policies ofthe Government on the protection andmanagement of the environment;

(b) to coordinate the activities related to theenvironment within the Ministry;

(c) to ensure that environmental concernsare integrated into the ministry ordepartmental development planning andproject implementation in a way whichprotects the environment;

(d) to collaborate with other institutions oragencies, evaluate existing and proposedpolicies and legislation and recommendmeasures to ensure that those policies andlegislation take adequate account ofeffects on the environment;

(e) to prepare and coordinate theimplementation of environmental actionplans at the national and local levels asrequired under this Act;

(f) to promote public awareness of environmentalissues through educational programmesand the dissemination of information;

(g) to refer to the Council any matter relatedto the enforcement for the purposes ofthis Act;

(h) to carry out such other functions as arenecessary to comply with the purposesof this Act;

(i) to undertake analysis of environmentalimpact of sectoral legislation, regulations,policies, plans, strategies and programsthrough strategic environmental assessment;

(j) to ensure that sectoral standards areenvironmentally sound;

(k) to oversee the preparation andimplementation of EnvironmentalImpact Assessments required forinvestments in the sector;

(l) to ensure compliance with variousregulations, guidelines and proceduresissued by the Minister; and

(m)in conjunction with the Ministryresponsible for local government, toprovide environmental advice andtechnical support to district level staffworking in the sector.

(2) Every sector Ministry shall carry out itsfunctions and duties in connection with theenvironment as prescribed in any other lawprovided that such law does not conflict withthe provisions of this Act.

32. (1) A sector Ministry charged with themanagement of any segment of theenvironment under any other law shallthrough the Sector EnvironmentalCoordinator submit to the Director ofEnvironment-

(a) bi-annual report concerning the state ofthat segment of the environment and themeasures taken by that sector Ministryto maintain or improve the environment;

(b) a review of environmental law fallingunder the Ministry and the extent of theirimplementation; and

(c) through its environment section suchother report as may be required by theDirector of Environment.

(2) Where a sector Ministry suspects or detectsany contravention of an environmental lawbeyond its line of responsibility it shallimmediately, through its environmentalsection, inform the Director General and therelevant sector Ministry.

33. (1) There shall be appointed or designated byeach sector Ministry a person to be knownas Sector Environment Coordinator.

(2) Sector environment Coordinator shall becharged with the following functions-


303

Sub-missionof sectorMinistriesreport

Appoint-ment ordesignationof a sectorenviron-mentcoordinator

(a) coordinating all activities andperformance of the functions relating tothe environment;

(b) prevention and control of any activitylikely to cause or bring aboutenvironmental degradation;

(c) report on the implementation andenforcement of environmental provisionsof laws falling under the jurisdiction ofthe sector; and

(d) provide a link between the sectorMinistry in which he is employed withthe Director of Environment and theCouncil.

(3) The Sector Environment Coordinator shallbe appointed or designated from amongofficers within each of the sector Ministryand shall be a person who possesses adequateknowledge in environmental management.

3.6 Regional Secretariat

34. The Regional Secretariat shall be responsible forco-ordination of all advice on environmentalmanagement in their respective regions andliaison with the Director of Environment andthe Director-General on the implementation andenforcement of this Act.

35. (1) There shall be appointed or designated by theMinister responsible for regionaladministration a person to be known as theRegional Environment Management Expertwho shall be charged with the responsibilityof advising the local authorities on mattersrelating to the implementation andenforcement of this Act.

(2) The Regional Environment ManagementExpert shall be a link person between theregion in which he is employed with theDirector of Environment and the Director-General.

3.7 Local Government Authorities

36. (1) There shall be designated or appointed byeach City, Municipal, District and TownCouncil an Environment ManagementOfficer who shall be a public officer and shall–

(a) in the case of geographical jurisdiction ofa City, the Environment ManagementOfficer shall be known as the CityEnvironment Management Officer;

(b) in the case of geographical jurisdiction ofa Municipality, the EnvironmentalManagement officer shall be known asthe Municipal EnvironmentManagement Officer

(c) in the case of geographical jurisdiction ofa District, the Management Officer whoshall be known as the DistrictEnvironment Management Officer; and

(d) in the case of geographical jurisdiction ofa town, the Management Officer whoshall be known as the TownEnvironment Management Officer.

(2) A person designated or appointed by theCity, Municipal, District or TownEnvironment Management Officer shall bea holder of a degree or diploma of arecognized institution of higher learning andhas competence in environmentalmanagement.

(3) The Environment Management Officershall:-

(a) ensure the enforcement of this Act in therespective area to which he belongs;

(b) advise the environment managementcommittee to which he belongs on allmatters relating to environment;

(c) promote environmental awareness in thearea he belongs on the protection of theenvironment and the conservation ofnatural resources;


304

Regionalcoordi-

nation onenviron-

mentalmanage-

ment

Appoint-ment or

designationof a regionalenvironmentmanagement

expert

Functionsof localgovernmentenvironmentalmanagementofficers

(d) gather and manage information on theenvironment and utilization of naturalresources in the area;

(e) prepare periodic reports on state of thelocal environment;

(f) monitor the preparation, review andapproval of Environmental impactassessments for local investments;

(g) review by-laws on environmentalmanagement and on sector specificactivities related to the environment;

(h) report to the Director of Environmentand the Director-General on theimplementation of the Act; and

(i) perform such other functions as the localgovernment authority may from time totime assign him.

37. (1) The Standing Committee on Urban Planningand Environment established undersubsection (1) of section 42 of the LocalGovernment (Urban Authorities) Act, 1982as well as the Standing Committee onEconomic Affairs Works and Environmentestablished under subsection (1) of section 74of the Local Government (DistrictAuthorities) Act, 1982 shall each be the City,Municipal or District EnvironmentManagement Committee in respect of theCity, Municipal or District to which each ofsuch Standing Committee is established.

(2) The City, Municipal and District EnvironmentalManagement Committee shall perform suchfunctions as are provided for undersubsections (1) and (2) of section 55 of theLocal Government (Urban Authorities) Act,1982 and as the case may be, subsections (1)and (2) of section 118 of the Local Government(District Authorities) Act, 1982 as well asregulations made under each of such laws.

(3) Without prejudice to subsection (2), the City,Municipal and District EnvironmentalManagement Committee shall also-

(a) perform such additional functions as areprescribed by this Act or as may, fromtime to time, be assigned to any one ofsuch city, municipal or district by theMinister by notice published in theGazette; and

(b) carry out all directives given to them bythe Minister in relation to the promotionand enhancement of sustainablemanagement of the environment.

38. (1) Each Standing Committee of EconomicAffairs, Works and Environment of atownship established under subsection (1) ofsection 96 of the Local Government (DistrictAuthorities) Act, 1982, a special committeeformed pursuant to section 107 of the LocalGovernment (District Authorities) Act, 1982as well as the Ward Development Committeeestablished under subsection (1) of section 31of the Local Government (DistrictAuthorities) Act, 1982 shall, in relation toan area to which it is established-

(a) be responsible for the propermanagement of the environment inrespect of the area in which they areestablished;

(b) perform such additional functions as areprescribed by this Act or as may beassigned to each or any one of them bythe Minister or the Council;

(c) carryout all directives given to them bythe Minister in relation to the promotionand enhancement of sustainablemanagement of the environment; and

(d) perform any other function or dischargingany other duty relating to ancillary orincidental to proper management of theenvironment as are provided for under theLocal Government (District) AuthoritiesAct, 1982.

(2) The Village Development Committee of eachvillage shall be responsible for the propermanagement of the environment in respect

305


StandingCommittees of

local governmentauthorities

Act Nos.7 and 8of 1982

StandingCommit-tees intownships,wards,villagesandkitongojiAct Nos. 7and 8of 1982

of the area in which it is established and mayperform mutatis mutandis any other functionsas are provided for under paragraphs (a), (b),(c) and (d) of subsection (1).

39. The District Council shall designate for eachadministrative area of a township, ward, village,Mtaa and Kitongoji a public officer who-

(a) in the case of geographical jurisdiction ofa township be known as the TownshipEnvironment Management Officer;

(b) in the case of geographical jurisdiction ofa Kitongoji, be known as the KitongojiEnvironment Management Officer;

(c) in the case of geographical jurisdiction ofa Ward, be known as the WardEnvironment Management Officer;

(d) in the case of geographical jurisdiction ofa Mtaa, be known as the MtaaEnvironment Management Officer; and

(e) in the case of geographical jurisdiction ofa Village, be known as the VillageEnvironment Management Officer.

40. The functions of the Township, Ward, Village,Mtaa and Kitongoji Environment ManagementOfficer shall be to coordinate all functions andactivities geared towards the protection ofenvironment within the area of the township,ward, mtaa, village and kitongoji or, as the casemay be, within the district to which he isdesignated.

41. Each Environment Management Committeeshall, in relation to an area to which it isestablished, have powers to-

(a) initiate inquiries and investigations aboutany allegation related to the environmentand the implementation or violation ofthe provisions of this Act;

(b) require any person to provideinformation or explanation about anymatter related to the environment;

(c) resolve conflict among individualpersons, companies, agencies, nongovernmental organisations,Government departments or institutionsabout their respective functions, duties,mandates, obligations or activities underthis Act;

(d) inspect and examine any premises, street,vehicle, aircraft or any other place orarticle which it believes or havereasonable cause to believe that pollutantor other articles or substances believes tobe pollutant is kept or transported;

(e) require any person to remove at own costany article or substance from any placewhich it believes such article or substancemay be safely kept or destroyed withoutcausing harm to health; and

(f) initiate proceedings of civil or criminalnature against any person, company,agency, department or institution thatfails or refuses to comply with anydirective issued by any of suchCommittees.

4ENVIRONMENTAL PLANNING

42. (1) Each local government authority shall, withrespect to its geographical area of jurisdictionprepare the Environmental Action Planbelow the National Environmental ActionPlan.

(2) Each Environmental Action Plan made bylocal authorities shall-

(a) be in conformity with the NationalEnvironmental Action Plan;

(b) identify environmental problemsprevalent in the area and recommendmeasures to mitigate the problem;

Designationof the Town-

ship, Ward,Village,

Mtaa andKitongoji

EnvironmentManagement

Officer

Functionsof the

Township,Ward,

Village,Mtaa andKitongoji

EnvironmentManagement

Officer

Generalpowers ofthe City,

Municipal,District,

Township,Ward,

Village,Mtaa andKitongoji

EnvironmentalManagementCommittees

Localgovernmentauthoritiesenvironmentalaction plans


306

EnvironmentalPlanning at

national level

(c) be prepared in accordance with theprovisions of Part XIV of this Act; and

(d) contain such matters as may be prescribedfor under this Act.

43. (1) The Minister shall make rules prescribing forthe preparation of periodic environmentalplans at sector level.

(2) For the purposes of this section, “sectorMinistry” shall be construed to mean aGovernment Ministry or Department orAgency for the time being responsible for agiven segment of the environment or anybody whose activity may have impact on theenvironment.

(3) At an interval of every five years, each sectorMinistry shall prepare and submit to theMinister, a Sector Environmental ActionPlan.

(4) Each Sector Environmental Action Planshall-

(a) be in conformity with the NationalEnvironmental Action Plan;

(b) identify environmental problemsprevalent in the area and recommendmeasures to mitigate the problem;

(c) be prepared in accordance withprovisions of Part XIV of this Act; and

(d) contain such matters as may be prescribedfor under this Act.

44. (1) The Director of Environment shall, inconsultation with the Council, appropriatesector Ministry or Department, or Agencyof the Government responsible for a segmentof the environment and whose nature ofactivity may have impact on environment,at interval of every five years, prepare andsubmit to the Minister a NationalEnvironmental Action Plan.

(2) National Environmental Action Plan shall-

(a) be the basis for integrating environmentalconcerns into formulation andimplementation of plans andprogrammes;

(b) provide general guidance for themanagement and protection of theenvironment and natural resources;

(c) identify key environmental problemsfacing each sector of the environment;

(d) recommend methods for buildingnational awareness on the importance ofsustainable use of the environment andnatural resources for nationaldevelopment;

(e) take into account Action Plans preparedunder the auspices of the localgovernment authorities, Sector Ministriesand any such other levels designated bythe Minister;

(f) contain an analytical profile of thevarious uses and values of the naturalresources incorporating considerations ofintergenerational equity;

(g) recommend appropriate legal and fiscalincentives that may be used to encouragethe business community to incorporateenvironmental requirements into theirplanning and operational processes;

(h) identify and appraise trends in thedevelopment of urban and ruralsettlement, their impacts on theenvironment, and strategies for theamelioration of their negative impacts;

(i) propose guidelines for the integration ofstandards of environmental protectioninto development planning andmanagement;

(j) prioritize areas of environmental researchand outline methods of using suchresearch findings;

Environmentalplans at sector

level


307

(k) identify and recommend policy andlegislative approaches for preventing,controlling or mitigating specific as wellas general adverse impacts on theenvironment; and

(l) provide for any other matter which theMinistry may direct.

45. The Minister may make regulations prescribingfor the procedure and the manner in whichEnvironment Action Plan may be prepared,adopted and implemented.

46. The Minister shall in accordance with Part XIV,facilitate participation of the general public inthe preparation and dissemination to the publicthe National Environmental Action Plan.

5ENVIRONMENTAL MANAGEMENT

5.1 Environmental Protected Areas

47. (1) The Minister may, on recommendation ofthe National Environmental AdvisoryCommittee, declare any area of land whichis ecologically fragile or sensitive to be anEnvironmental Protected Area.

(2) The powers conferred on the Minister underthis section shall not extend to cover areasalready declared or which may be declaredas protected area under any other writtenlaw.

(3) In determining whether or not to declare anyarea as an Environmental Protected Area, theMinister shall have regard to-

(a) representations made by any person ornon-governmental organizations withsufficient public or private interest in thearea;

(b) the natural features and beauty of thearea;

(c) flora and fauna of the area;

(d) the unique or special geographical,physiographical, ecological or historicand cultural features of the area;

(e) any special scientific feature, culturalfeature or biological diversity of orexisting in the area;

(f) the interests of the local communities inor around the area; and

(g) the need for the Government to complywith any international obligation underany agreement to which Tanzania is amember.

(4) The Management of the EnvironmentalProtected Area shall vest in the Council.

(5) The Minister shall cause to be gazettedand declare Environmental ProtectedAreas to be managed by the Council.

48. (1) Where an area has been declared to be anEnvironmental Protected Area, the Councilshall, in consultation with relevant sectorprepare an environmental protection plan forthat area.

(2) The environmental protection plan shall-

(a) set out the objectives of protecting andmanaging the area;

(b) set out policies for the protection andmanagement of the area;

(c) formulate strategies for protection andmanagement of the area;

(d) provide for the development of socialamenities and recreational facilities wherenecessary;

Regulations onpreparation,

adoption andimplementationof action plans

PublicParticipation

inpreparationof National

EnvironmentalAction Plan

Declarationof

EnvironmentalProtected

Areas

Environmentalprotectionplan andecosystemmanagementplan forEnvironmentalProtectedAreas


308

(e) facilitate the carrying out of scientificresearch; and

(f) incorporate all necessary requirementsfor environment management plans.

(3) Notwithstanding provisions of thesubsections (1) and (2), the Council mayprepare an ecosystem management plan foran Environmental Protected Area.

5.2 Environmental ManagementPlans for National Protected Areas

49. (1) Each national protected area shall begoverned and managed in accordance withthe respective written law under which it isprotected.

(2) Notwithstanding the provisions of sub-section (1), each managing authority of anational protected area shall prepare andimplement an environmental managementplan which-

(a) identifies areas of biological diversity;

(b) identifies associated communities, otherusers and institutions to be involved;

(c) describes extension and education workwith communities and other users on theestablishment of the protected areas;

(d) indicates costs and benefits of the area’sprotection in a manner consideredequitable by the person’s identified undersubsection (1) (b);

(e) describes the boundaries of the nationalprotected area;

(f) defines the management measures to betaken within the national protected area;

(g) outlines the regulations applicable to thenational protected area;

(h) prescribes means to monitor theimplementation of the plan;

(i) describes any other matter relevant toenvironmentally sound management ofthe national protected area;

(j) is approved by the relevant authorityhaving mandate and is under thejurisdiction of that protected area; and

(k) is published, where appropriate, in theGazette by the Minister responsible forthe national protected areas system;

(3) Management measure that may be takenpursuant to subsection (1) (f) may include-

(a) zoning;

(b) access restrictions;

(c) use restrictions;

(d) benefit sharing;

(e) entrance fees and permits; and

(f) any other measure deemed appropriatefor proper and sound use of the area.

5.3 Conservation and Protection

50. The Management and utilization of land shallbe in accordance with the prevailing land lawsprovided that where there is any conflict onenvironmental aspect of land management, theprovisions of this Act shall prevail.

51. (1) Where the Minister considers it necessary,he may by order published in the Gazette,declare any area to be environmentallysensitive under this Act.

(2) Management of environmental sensitive areaunder this section shall be done in accordancewith procedures prescribed by the Minister.

(3) Any person who fails, neglects or refuses tocomply with procedures prescribed toregulate environmentally sensitive areascommits on offence.

EnvironmentalManagement

Plans fornational

ProtectedAreas

Landutilizationmanagement

Environ-mentallysensitiveareas


309

52. Without prejudice to section 51, the followingland shall constitute environmentally sensitiveareas for the purposes of this Act-

(a) swamps;

(b) any area declared as environmentallysensitive by any local governmentauthority;

(c) area designated by the Council as proneto soil erosion;

(d) land designated by the Council as landswhere landslides have occurred or arelikely to occur;

(e) all areas that have been closed by theMinister to livestock keeping,occupation, cultivation and otherspecified activities;

(f) area on slopes with a gradient exceedingany angle which the Minister shall, aftertaking account of proper scientific advice,specify;

(g) arid and semi-arid lands;

(h) land specified by the Council as landwhich should not be developed onaccount of its fragile nature or of itsenvironmental significance; and

(i) land declared under any other written lawto be environmentally sensitive area orhazardous land.

53. Apart from the terms and conditions prescribedby section 29 of the Village Land Act, 1999regarding village lands or on land sharingarrangement between pastoralists andagriculturalists in terms of section 58 of theVillage Land Act, 1999, the Minister mayprescribe any other additional environmentalprotection conditions to be complied with bythe grantees of customary rights of occupancy.

54. (1) Notwithstanding any other written law forthe time being regulating rivers, riverbanks,lakes or lakeshores and shoreline, theMinister may, in consultation with otherrelevant Ministries, by notice published inthe Gazette-

(a) declare a river, riverbank, lake, orlakeshore and shoreline a protected areafor the purposes of this Act; and

(b) impose any restrictions as he considersnecessary for the protection of the river,riverbank, lake or lakeshore andshorelines from environmentaldegradation.

(2) While exercising powers under subsection(1), the Minister shall have regard to:

(a) the geographical size of the river,riverbank, lake or lakeshore andshoreline;

(b) the interests of the communities residentaround the river, riverbank, lake orlakeshore and shoreline concerned; andany advise that may be given by sectorministries.

55. (1) Without prejudice to the provisions of anyother relevant written law, the Council andlocal government authorities responsible forenvironmental matters, shall issue guidelinesand prescribe measures for the protection ofriverbanks, rivers, lakes or lakeshores andshorelines.

(2) Where guidelines and measures have beenprescribed pursuant to subsection (1), it shallbe an offence to carry out any of thefollowing activity without priorauthorization or permit issued by theMinister-

(a) use, erect, construct, place, alter, extend,remove or demolish a structure in or

Identifi-cation ofenviron-mentallysensitive

areas

Environ-mental

conditionsto village

landsAct No. 5

of 1999.

Declaration ofprotected river,river-bank, lakeor lake-shoreand shore-lines

Protection andManagement ofrivers, riverbank, lake orlake-shore andshore-lines


310

under the ocean or natural lakeshorelines, riverbank or water reservoir;

(b) excavate, drill, tunnel or disturb theshoreline of ocean or natural lake, riverbank or water reservoir;

(c) introduce or plant any part of a plant,plant specimen whether alien orindigenous, dead or alive in a ocean river,ocean river bank, lake or lakeshore;

(d) deposit a substance in a river, river bank,lake or, lakeshore, shoreline or wetlandor in or under its bed, which is likely tohave adverse environmental effects onriver, river bank, lake or lakeshoreshoreline or wetland;

(e) direct or block a river, river bank, lakeor, lakeshore, shoreline or wetland fromits natural course; or

(f) drain a river or lake.

(3) Any person contravening the provisions ofthis section commits an offence.

(4) The Minister may delegate his powers underthis section to the Director of Environment,or an officer of the local governmentauthority or an officer in the sector Ministry.

56. (1) The Minister shall, after consultation withthe Minister responsible for land, declare anyarea of land to be a protected wetland underthis Act.

(2) For purposes of management of wetlandsdeclared under subsection (1), sectorMinistries under whose jurisdiction any areaof wetland falls, shall be responsible for themanagement of wetlands falling under theirrespective jurisdiction.

(3) Sector environmental coordinators shallfurnish to the Director of Environmentinformation on the management and statusof wetlands falling under their respectivejurisdiction.

(4) The conditions prescribed under section 55(2)shall apply mutatis mutandis to wetlands.

(5) The Minister in consultation with othersector Ministries may make regulations andguidelines on the sustainable management ofwetlands protected under this Act.

57. (1) Subject to subsection (2), no human activitiesof a permanent nature or which may, by theirnature, likely to compromise or adverselyaffect conservation and, or the protection ofocean or natural lake shorelines, riverbank,water dam or reservoir, shall be conductedwithin sixty metres.

(2) The Minister may make guidelines for theconduct of human activities within the areasreferred to under subsection (1).

58. (1) The Council in consultation with localgovernment authorities shall, within fiveyears of coming into operation of this Act,identify hilly or mountainous areas, whichare at risk from environmental degradation.

(2) A hilly or mountainous area shall be regardedto be at risk from environmental degradationif-

(a) it is prone to soil erosion;

(b) landslides have occurred or are likely tooccur in that area;

(c) vegetation cover has been removed or islikely to be removed from the area at arate faster than it is being replaced; or

(d) any other land use activity in that area islikely to lead to environmentaldegradation.

(3) The Minister shall, by Order in the Gazette,issue a list of landscapes, mountains and hillyareas regarded to be at risk fromenvironmental degradation.

(4) A list of all areas referred to under subsection(3) shall be kept under the custody of Council

Declarationof protected

wetlands

Prohibitionof humanactivities incertain areas

Protectionofmountains,hills andlandscapes


311

and be treated as protected area and, inrelation therewith the Council shall prescribestrategies for their management.

59. The Minister shall, after consultation with theMinister responsible for local governmentauthorities and any other relevant institutionsmake regulations for the promotion of integratedcoastal zone environmental management.

60. (1) Every applicant for water use permit issuedunder the relevant laws governingmanagement of water resources, abstractionand use of water, shall be required to make astatement on the likely impact on the environmentdue to the use of water requested.

(2) For the purposes of keeping records ofmatters impacting on the environment byreason of abstraction and use of water, theBasin Water Boards shall file yearly returnsto the Sector Environmental Coordinatorindicating extent of compliance by water usepermit holders of the following conditions-

(a) obligation to return water after its use tothe body of water from which it wastaken;

(b) ensuring that water that is returned to anyspecified source is not polluted; and

(c) taking of the precautions to the satisfactionof the Water Officer to prevent accumulationsin any river, stream or water course of silt,sand, gravel, stones, sawdust refuse,sewerage, sisal waste or any othersubstances likely to affect injuriously theuse of such water by human and othercomponents of environment.

(3) Basin Water Boards in prioritising differentuses of water shall ensure that adequate wateris made available for environmental purposes.

61. Without prejudice to the powers of the localgovernment authorities on matters relating to thedischarge of sewerage, the Minister may advise,and where appropriate, issue any direction to anyperson, officer or authority on such discharge.

62. The Minister shall consult and advise theMinister responsible for water on the making ofrules governing issuance of permits for thedischarge of effluent.

63. (1) All forests shall be managed in accordancewith the provisions of the Forests Act, 2002and matters relating to environment shallconform with the provisions of this Act.

(2) Where any matter concerning managementof environment undertaken according to theprovisions of the Forests Act, 2002 is inconflict with this Act, the provision of thisAct shall prevail.

(3) The Minister shall, in relation to the makingof rules on environmental management offorest resources consult the Ministerresponsible for forestry.

64. The Minister shall, in consultation with Ministerresponsible for forestry or as the case may be,energy, promote the use of renewable sources ofenergy by-

(a) promoting research in appropriaterenewal sources of energy;

(b) creating incentives for the promotion ofrenewable sources of energy;

(c) promoting policies and measures for theconservation of non-renewable sources ofenergy; and

(d) taking measures to encourage theplanting of trees and woodlots byindividual users, institutions and bycommunity groups.

65. (1) All fisheries resources shall be managed inaccordance with the provisions of theFisheries Act, 2003 and the Marine Parks andReserves Act, 1994.

(2) Wildlife resources shall be managed inaccordance with the provisions of thelegislation relating to wildlife matters.

Promotionof coastal

zoneenviron-

mentalmanagement

Environ-mental

obligationsunder

water laws

Ministermay advise

on thedischarge of

sewerage

Consultationon discharge

Managementof forestresources ActNo. 14 of2002

Promotion ofconservationof energy

Promotion ofconservationof fisheriesand wildliferesources,etc. Act Nos.22 of 2003and 29 of1994


312

(3) All tourism activities shall be conducted andmanaged in accordance with the laws relatedto tourism.

(4) Where any matter concerning themanagement of environment undertaken inaccordance with the provision of theFisheries Act, 2003, the Marine Parks andReserves Act, 1994, any law governingconservation of wildlife and tourism laws isin conflict with this Act, this Act shallprevail.

66. (1) The Minister shall strive to attain theconservation of biological diversity, thesustainable use of its components and the fairand equitable sharing of the benefits arisingout of the utilization of genetic resources.

(2) The powers of the Minister under this sectionshall in general include regulating appropriateaccess to genetic resources and by appropriatetransfer of relevant technologies, taking intoaccount all rights over those resources,indigenous knowledge, technologies andappropriate funding.

(3) The Minister may, take into account of anyparticular conditions and capabilities andafter consultation with relevant sectorMinistry, make regulation prescribing:-

(a) the development of national strategies,programmes or plans for the conservationand sustainable use of biological diversity;

(b) adaptation of such existing strategies,plans or programmes for the purposes ofconservation of biological diversity;

(c) integration, as far as possible and asappropriate, of the conservation andsustainable use of biological diversity intorelevant sectoral or cross-sectoral plans,programmes and policies;

(d) identification of the components ofbiological diversity important forconservation and sustainable use, having

regard to any international standardsapplicable to Tanzania;

(e) monitoring through sampling and othertechniques, the components of biologicaldiversity, paying particular attention tothose requiring urgent conservationmeasures and those which offer thegreatest potential for sustainable use;

(f) identifying the processes and categoriesof activities which have or are likely tohave significant adverse impacts on theconservations equitable sharing andsustainable use of biological diversity, andmonitoring their effects throughsampling and other techniques; and

(g) maintenance and organization:-

(i) by any mechanism; or

(ii) data derived from identification andmonitoring activities pursuant to thissection.

67. (1) The Minister may, in consultation withrelevant sector Ministry, make regulationsproviding for in-situ conservation ofbiological diversity.

(2) Regulations made under this section mayprescribe:

(a) procedures for the establishment of asystems of protected areas or areas wherespecial measures need to be taken toconserve biological diversity;

(b) guidelines for the selection, establishmentand management of protected areas orareas where special measures need to betaken to conserve biological diversity;

(c) how to regulate or manage biologicalresources important for the conservationof biological diversity whether within oroutside protected areas, with a view toensuring their conservation andsustainable use;

Conservationof biological

diversity

Conser-vation ofbiologicaldiversityin-situ


313

(d) the promotion of protection ofecosystems, natural habitats and themaintenance of viable populations ofspecies in natural surroundings;

(e) the promotion of environmentally soundand sustainable development in areasadjacent to protected areas with a viewto furthering protection of these areas;

(f) rehabilitation and restoration of degradedecosystems and promotion of therecovery of threatened species, inter alia,through the development andimplementation of plans or othermanagement strategies;

(g) establishment or management of the risksassociated with the use and release ofliving modified organisms resulting frombiotechnology which are geneticallymodified and which are likely to haveadverse environmental impacts that couldaffect the conservation and sustainableuse of biological diversity, taking also intoaccount the risks to human health as wellas social, economic cultural and ethicalconcern;

(h) prevention of the introduction of, controlor eradication of those alien species whichthreaten ecosystems, habitats or species;

(i) furnishing conditions that may be neededfor compatibility between present usesand the conservation of biologicaldiversity and the sustainable use of itscomponents;

(j) guidelines on methods to respect,preserve and maintain knowledge,innovations and practices of indigenousand local communities;

(k) adopt economically and socially soundmeasures that act as incentives for theconservation and sustainable use ofcomponents of biological diversity;

(l) promotion and encouragement of theequitable sharing of the benefits arisingfrom the utilization of such knowledge,innovations and practices; and

(m)procedures for the establishment of asystem or system of protected areas orareas where special measures need to betaken to conserve biological diversity.

68. The Minister may, in consultation with relevantMinistries, make rules with respect to ex-situconservation prescribing the following measure;

(a) adopt measures for the ex-situconservation of components of biologicaldiversity originating in Tanzania;

(b) establish and maintain facilities for ex-situconservation and research on plants,animals and micro-organisms, preferablyin the country of origin of geneticresources;

(c) adopt measures for the recovery andrehabilitation of threatened species andfor their reintroduction into their naturalhabitats under appropriate conditions;

(d) regulate and manage collection ofbiological resources from natural habitatsfor ex-situ conservation purposes so as notto threaten ecosystems and in-situpopulations of species;

(e) adopt economically and socially soundmeasures that act as incentives for theconservation and sustainable use ofcomponents of biological diversity; and

(f) cooperate in providing financial andother support for ex-situ conservation.

69. (1) Without prejudice to any law governingbiosafety and biotechnology, any person whodevelops, handles, uses, import or exportgenetically modified organisms (GMO) and,or their product shall be under generalobligation to ensure that such organisms donot harm, cause injury or loss to the

Conservationof biologicaldiversityex-situ

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environment and human health includingsocio-economic, cultural and ethicalconcerns.

(2) The harm, injury or loss include personalinjury, damage to property, financial loss, anddamage to environment or to biologicaldiversity.

(3) In this section “organisms” means any active,ineffective or dormant stage of life form ofan entity characterized as living, includingplants, bacteria, fungi, mycoplasmas likeentities, vertebrate and invertebrate animals,as well as entities such as various, viruses orany living entity related to it.

70. (1) The Minister may in consultation withrelevant sector Ministers issue guidelines andprescribe measures for the sustainablemanagement and utilization of rangelands.

(2) In issuing the guidelines and prescribingmeasures referred to in subsection (1), theMinister shall be guided by-

(a) the carrying capacity of the land;

(b) the conservation of the soil;

(c) the risk to desertification faced byrangeland; and

(d) any other factor, which the Minister mayin consultation with relevant sectorMinisters, consider appropriate.

71. The Minister may, in consultation with theMinister responsible for land, give general andspecific environmental and land use planningdirectives which shall be incorporated or takeninto account by-

(a) the National Land Use PlanningCommission;

(b) the Area Planning Committeesestablished under any law regulatingurban planning;

(c) sewerage authorities;

(d) local government authorities responsiblefor any rural or urban planning functions;

(e) relevant local government authoritieswhen preparing any land use regulationsdesignating areas set aside for residential,commercial, industrial, pastoral andagricultural purposes; and

(f) any other institution carrying onresponsibility touching on land use.

72. Land users and occupiers shall be responsible forthe protection, improvement and nourishmentof the land, and for using it in an environmentallysustainable manner as may be prescribed by theMinister.

73. (1) Any matter or activity relating to protectionand conservation of natural and culturalheritage shall take into account necessaryrequirements for the protection ofenvironment as provided for under this Act.

(2) Where any matter concerning managementof the environment undertaken according toany written law is in conflict with this Act,this Act shall prevail.

74. (1) The Minister shall, in consultation with therelevant sector Ministry-

(a) undertake or commission other personsto undertake national studies and give duerecognition to development in scientificknowledge relating to substances,activities and practices that deplete thestratospheric ozone layer and othercomponents of the stratosphere to thedetriment of public health and theenvironment;

(b) issue guidelines, and instituteprogrammes relating to-

(i) the elimination of substances thatdeplete the ozone layer; or

Managementof range-lands

Environmentalland use

planningdirectives

Obligationto use landsustainably

Protectionof naturalandculturalheritage

Protectionof theatmosphere


315

(ii) management practices and activitieslikely to lead to the degradation of theozone layer and the stratosphere; or

(iii)the reduction and minimization ofrisks to human health created by thedegradation of the ozone layer and thestratosphere.

(2) The Minister shall make regulations forcontrol of importation, exportation andconsumption of ozone depleting substancesor related equipment.

75. The Minister shall, in consultations with relevantsector Ministries:

(a) take measures to address climate change,particularly the impacts of climate changeand adaptation measures;

(b) issue guidelines periodically to Ministriesand any other institutions in order toaddress climate change and its impacts asa result of global warming;

(c) require Ministries and independentGovernment departments to put in placestrategies and action plans to deal withclimate change and to advise schools andhigher learning institutions to includematters relating to climate change in theircurriculum;

(d) review and approve any measuresundertaken to address climate change byany institution, firm, sector or individualsbe it foreign or local, including thoserelated to the use of land, water, forestsor any other ecosystems within theUnited Republic to sequester greenhousegases; and

(e) project national positions at global levelon how to deal with the problem ofclimate change in the context of theUnited Nations Framework Conventionon Climate Change, and its relatedProtocol(s).

76. (1) The Minister may, in consultation withrelevant Ministries, prescribe measures forthe improvement of the workingenvironment.

(2) The Minister may, by regulations prescribeany description of process of substance to bedangerous process the carrying on of whichor the release from it of dangerous materialsinto the environment, is subject to controlunder this Act.

(3) Regulations made by the Minister pursuantto subsection (2) may-

(a) prescribe separately for eachenvironmental medium, the substancesthe release of which into that mediumshall be subject to control;

(b) provide that a description of substance isonly prescribed for any environmentalmedium so far as it is released into thatmedium in such amounts over suchperiods in such concentrations or in suchother circumstances as may be specifiedin the regulations; and

(c) prescribe conditions of authorization andmatters implied in the authorization ofapplication of the process and release ofsubstances into the environment.

77. (1) For the purpose of eliminating releases ofpersistent organic pollutant:

(a) each sector Ministry shall take the legaland administrative measures necessary toreduce or eliminate releases ofintentionally produced persistent organicpollutants in its production, use, importand export in accordance with theprovisions of the Stockholm Convention;

(b) the Director of Environment inconsultation with respective sectorMinistries may establish a list ofchemicals for which the Governmentshall request specific exemption under theConvention; and

Measureson

climatechange

Managementof workingenvironmentanddangerousmaterials andprocesses

Powers oftheMinister tomakeregulationonpersistentorganicpollutants


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(c) each sector Ministry shall take measuresto reduce the total releases derived fromanthropogenic sources of unintentionallyproduced persistent organic pollutants.

(2) The Minister shall by regulation in theGazette, prescribe persistent organicpollutants which shall not be used.

(3) The Director of Environment shall prepareand oversee a national implementation planfor the Stockholm Convention as providedin the Convention.

(4) All relevant sector Ministries and localgovernment authorities shall mainstreamrespective parts of the NationalImplementation Plan and into their policieslegislation, plans and programmes and submitannual reports to the Minister on progressmade in implementation of the NationalImplementation Plan.

(5) Without prejudice to any applicable writtenlaw, the Minister shall have the power tomake regulations prescribing the followingmatters pertaining to persistent organic

(a) compliance with internationalobligations on persistent organicpollutants and pesticides issues;

(b) compliance with the StockholmConvention on Persistent OrganicPollutants of 2001;

(c) raising of awareness of sustainablealternative approaches in the replacementof persistent organic pollutants;

(d) carrying out of inventory of stocks ofpersistent organic pollutants;

(e) disposal of existing stocks of persistentorganic pollutants;

(f) involvement of industry particularly withreference to sharing the costs for disposaland taking responsibility of disposal ofpersistent organic pollutants;

(g) promotion of appropriate pesticide andchemicals management practices;

(h) preparation of appropriate data-basesystem for better knowledge of problemsof stocks;

(i) regulate imports and exports of persistentorganic pollutants;

(j) proper packages as basic requirements toavoid leakage and contamination of theenvironment both during transportationand storage;

(k) safe transportation of toxic waste ordangerous chemicals, obsolete stocks orrelated chemicals as a way of protectingthe environment and human health;

(l) compliance with internationalagreements on movement andharmonisation of transportation ofhazardous materials;

(m)designing the best way to strengthennational capabilities and capacities for themanagement of chemicals, includingtransfer of technology, providingfinancial and technical assistance andpromoting cooperation with other states;

(n) regulating the import and use ofchemicals the use of which has beenprohibited, or refused approval or hasbeen withdrawn under any written lawin order to protect human health or theenvironment;

(o) designation of severely hazardouspesticide formulations, severely restrictedchemicals in Tanzania;

(p) environmental safety aspects of liquid gaspipelines, natural gas pipelines, and thetransportation of designated dangerousmaterials;

(q) compensations, clean-ups and emergencyresponse to hazardous substances released


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into the environment and clean-up ofinactive hazardous waste disposal sites;

(r) national, city, municipal, town andvillage contingency plans in case ofrelease of hazardous substances into theenvironment;

(s) emergency planning, notification,reporting and training requirements; and

(t) contingency plans in case of major industrialaccidents, control of hazardous fires,explosives and hazardous toxic emissions.

78. (1) The Minister may, in relation tomanagement of Prior Informed Consent(PIC) chemicals, designate an institutionwhich shall have the duty to:

(a) recommend new entries of PIC chemicalsof interest to Tanzania;

(b) take adequate legal and administrativemeasures to prevent or minimize adverseeffects of PIC chemicals to human health,life and environment;

(c) conduct research on alternatives of PICchemicals;

(d) internalize procedures in import andexport of PIC chemicals;

(e) promote awareness on PIC chemicals andtheir effects to human health, life and theenvironment;

(f) undertake risk assessment of PICchemicals and build capacity in riskmanagement;

(g) carry on any other activities inaccordance with obligations of theRotterdam Convention in theirgeographical areas of jurisdiction; and

(h) submit an annual implementation reportof the Rotterdam Convention of 1998 intheir geographical areas of jurisdiction.

(2) The Minister shall, in consultation with theMinistries responsible for agriculture and forhealth, make regulations and guidelines onimport, export, transportation and disposalof stocks of PIC chemicals and their wastes.

79. (1) The Minister shall, in collaboration withother agencies, promote cleaner productiontechnologies and techniques and fostersustainable consumption of goods andservices.

(2) The Minister may prescribe guidelinesrelating to:

(a) handbook on cleaner productiontechnologies and techniques and onsustainable consumption to guideindustrial, tourism, trade, mining,agriculture and service oriented activities;

(b) monitoring of the impact of cleanerproduction;

(c) mainstreaming of cleaner production infinancing procedures of the financialinstitutions in order to achievesustainable financing mechanism ofcleaner production initiatives; and

(d) mainstreaming of cleaner production andsustainable consumption approaches inrelevant policies at Government andcompany level.

5.4 Economic Instruments

80. (1) For purposes of minimising environmentaldamage, the Director of Environment shallperiodically prepare proposals on packagesof economic instruments and financialincentives and forward the same to theMinister.

(2) The Minister may, in consultation with theMinister responsible for finance, makeregulations and rules on economicinstruments thereby prescribing-

Priorinformed

consentproceduresfor certainhazardouschemicals

andpesticides

Promotionof cleanerproductionandsustainableconsumptionof goodsand services

Economicincentivesandinstrumentsfor theprotectionof theenvironment


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(a) how best to oblige individuals or firmswhen making decisions about production,consumption and investment, to considerthe environmental consequences;

(b) measures to be adopted to internaliseenvironmental costs without relying onthe pricing mechanism;

(c) price-based measures, user charges andsubsidies to internalize environmentalcosts and benefits;

(d) subsidies, tax deductions and rebates tobe paid to advance environmentalprotection;

(e) special grants for particular programmesand projects, including environmentalprojects;

(f) encourage return of bottles, plastics andmetals for recycling and proper disposal;and

(g) any other measure the Minister mayimpose on an economic instrument.

(3) The Minister may, on approval of theMinister responsible for finance, furtherprescribe the following incentives andfinancial measures for the protection of theenvironment-

(a) effluent charges, based on the content andquantity of discharges into the air, water,or sewerage system;

(b) user charge fee for using such naturalresource and for others being providedwith a service such as garbage collection;

(c) product charges, such as charges on plasticor bottle packaging that are used todiscourage disposal of or encouragerecycling; and

(d) sales and excise taxes that giveenvironmentally friendly products a priceadvantage over polluting products.

(4) “Economic Instrument” as used in this Actmeans an instrument for environmental andnatural resources management designed toinfluence behaviour of economic agents inorder to ensure sustainable use and protectionof biophysical resources, and includes fiscalinstruments, charge systems, property rights,market creation, performance bonds anddeposit refund systems, liability systems, provisionof information and financial instruments.

6ENVIRONMENTAL IMPACT ASSESS-MENT AND OTHER ASSESSMENTS

81. (1) Any person, being a proponent or adeveloper of a project or undertaking of atype specified in the Third Schedule to thisAct, to which Environmental ImpactAssessment is required to be made by the lawgoverning such project or undertaking or inthe absence of such law, by regulations madeby the Minister, shall undertake or cause tobe undertaken, at his own cost, anenvironmental impact assessment study.

(2) An Environmental Impact Assessment studyshall be carried out prior to the commencementor financing of a project or undertaking.

(3) A permit or licence for the carrying out ofany project or undertaking in accordancewith any written law shall not entitle theproponent or developer to undertake or tocause to be undertaken a project or activitywithout an environmental impact assessmentcertificate issued under this Act.

(4) Any person who contravenes subsection (3),commits an offence.

82. (1) Subject to the provisions of subsection (2),the Minister shall make regulations andguidelines on how environmental impactassessment shall be conducted under this Actand under any other written law.

ObligationtoundertakeEnviron-mentalImpactAssessment

EnvironmentalImpactAssessmentregulationsandguidelines


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(2) Where the law requires EnvironmentalImpact Assessment to be done in respect ofany project or undertaking and the mannerin which such Environmental ImpactAssessment is to be done, then it shall not benecessary to apply standards stipulated in theregulations made under this Act unless thestandard prescribed under such law does notmeet minimum standards necessary for theconduct of such Environmental ImpactAssessment.

83. (1) Notwithstanding the provisions ofsubsection (2) of section 82, EnvironmentalImpact Assessments shall be conducted byexperts or firms of experts whose names andqualifications are registered as such by theCouncil.

(2) The Minister shall prescribe in theregulations qualifications of a person whomay conduct Environmental ImpactAssessment.

(3) The Council shall maintain a register ofexperts and firms of experts authorized toconduct Environmental Impact Assessment.

(4) The register of experts and firms of expertsshall be maintained in a public registry andits entries may be searched by the publicupon payment of a prescribed fee.

(5) A proponent of a project shall select expertsamongst the persons possessing qualificationsprescribed pursuant to the provisions ofsubsection (2), to conduct the EnvironmentalImpact Assessment.

84. (1) The issuance of an Environmental ImpactAssessment certificate in respect of anyproject shall not be a defence in any legalproceedings brought against a proponent ofa project or undertaking in respect of themanner in which the project or undertakingis being executed, managed or operated.

(2) The Environmental Impact Assessmentcertificate may be transferred from oneholder to another in the event the project

changes ownership and not otherwise andonly so upon notification in writing to theMinister within thirty days of the transfer.

85. (1) Upon requiring an Environmental ImpactStatement, the Council shall determine thescope of the Environmental ImpactStatement by agreeing with the proponenton-

(a) the prescribed issues that must beaddressed by the Environmental ImpactStatement;

(b) persons and institutions that must beconsulted during the preparation of theEnvironmental Impact Statement;

(c) methodologies and approaches in thecollecting, collating and analyzing therequired data; and

(d) any other matter determining the scopeof the Environmental Impact Statement.

(2) The Environmental Impact Statements shallbe kept and maintained by the Council in apublic registry and their contents, may besearched upon payment of a prescribed fee.

86. (1) The Council shall, upon examination of aproject brief, require the proponent of aproject or undertaking to carry out anEnvironmental Impact Assessment study andprepare an Environmental Impact Statement.

(2) The Environmental Impact Statementprepared under subsection (1) shall besubmitted to the Council for review.

(3) The Environmental Impact Statement shallbe prepared in accordance with regulationsmade by the Minister.

87. (1) The Council shall, within sixty daysfollowing submission of EnvironmentalImpact Statement carry out its review.

(2) The Council may, for purposes of carryingout reviews under subsection (1), set up a

Environ-mentalImpact

Assessmentto be

conductedby experts

Issuanceof

certificatenot a

defence inlegal

procee-dings

Determinationof the scope ofEnvironmentalImpactStatement

EnvironmentalImpactStatement

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cross-sectoral technical advisory committeeto advise it on reviews of EnvironmentalImpact Statement.

(3) The proponent shall comply with requestsfor additional information necessary toenable the Council to complete the reviewand shall do so within the time specified inthe request.

(4) The information requested by the Councilfor purposes of the Environmental ImpactStatement review may include but notlimited to site and design maps, projectdocuments, reports or materials, technicaldetails, sectoral advice and any other mattersit may deem necessary.

88. (1) The Council may, during the review process,visit for purposes of inspection or verificationany site or place associated with the proposedproject or undertaking at the proponent’s cost.

(2) The Environmental Impacts Statement reviewprocess shall be based on the following criteria:

(a) the balance between short and long termsocio-economic benefits of the projectand the detriment to the human andphysical environment;

(b) the nature of the project or undertakingand how it is likely to meetenvironmental standards;

(c) the possible mitigation alternatives orother remedial measures;

(d) comments received during publichearings and other consultative processesunder this Part; and

(e) any other review criteria as prescribed inthe regulations.

89. (1) Without prejudice to Part XIV, the Councilshall adopt guidelines on public participation,especially those likely to be affected by theproject being the subject of an EnvironmentalImpact Assessment study or review.

(2) Without prejudice to subsection (1), uponreceipt of the Environmental ImpactStatement, the Council shall-

(a) circulate it for written comments from variousinstitutions and government agencies;

(b) notify the public by any appropriatemeans of the place and time for reviewingthe Environmental Impact Statement andsubmitting written comments in aprescribed manner; and

(c) solicit oral or written comments by anyappropriate means, of the people whowill be affected.

90. (1) Notwithstanding the provisions of section 87of this Act and other provisions of this Act,the review of the Environmental ImpactStatement shall be conducted, inter alia,through public hearings.

(2) The Council shall within thirty days ofreceipt of an Environmental ImpactStatement decide whether or not to convenea public hearing for purposes of collectingsubmissions or comments on the proposedproject or undertaking.

(3) Where the Council decides or is requested toconvene a public hearing, it shall display andmake available for inspection and copying allrelevant reports, documents and writtensubmissions made during and after the periodof review until the public hearing is finalized.

91. Upon completion of the review of theEnvironmental Impact Statement, theCouncil shall submit recommendations to theMinister.

92. (1) The Minister may, within thirty days, uponreceipt of recommendations of the Council-

(a) approve the Environmental ImpactStatement and issue an EnvironmentalImpact Assessment Certificate; or

Inspectionvisit for

purpose ofEnvironmental

ImpactStatement

review

Publicparticipation

inEnvironmental

ImpactAssessment

Publichearingandinfor-mationdisclosure

Recommen-dations onEnviron-mentalImpactStatementby theCouncil

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(b) disapprove the Environmental ImpactStatement; or

(c) approve an Environmental ImpactStatement subject to such conditions ashe may determine and issue anEnvironmental Impact AssessmentCertificate.

(2) Where the Minister disapproves anEnvironmental Impact Statement, he shall-

(a) notify the proponent in writing statingreasons for disapproval; or

(b) recommend to the licencing authoritythat the activity should not be licenced.

93. The Minister shall disapprove and recommendto the licensing authority that the project shouldnot be licenced or, where the licence has beenissued, be cancelled if-

(a) the project or undertaking is likely tocause significant adverse impact on theenvironment;

(b) there are no alternatives which canmitigate or remedy the significant likelyharm to the environment;

(c) the proponent has failed to abide to themitigation measures stated in theEnvironmental Impact Statement orconditions issued by the Minister; or

(d) there are compelling social, economic,health, cultural, or religious reasonswhich may or are likely to lead toirreversible impact on the society.

94. The Minister may, by an instrument publishedin the Gazette, delegate power of approval ofEnvironmental Impact Statement to the Directorof Environment, local government authoritiesor sector Ministries.

95. Any person who is aggrieved by the decision ofthe Minister to approve or disapprove anEnvironmental Impact Statement may appeal tothe Environmental Appeals Tribunal.

96. (1) The Director-General shall maintain recordsof decisions on approvals or disapprovals ofEnvironmental Impact Statement.

(2) The record referred under subsection (1) shallbe kept in a public registry and be accessibleto the public upon payment of a prescribedfee.

97. The Council may, at any time after the issuanceof an Environmental Impact AssessmentCertificate, require the holder of such certificateto conduct a fresh Environmental ImpactAssessment study at his own cost and submit anEnvironmental Impact Statement within suchtime as the Council may prescribe if-

(a) there is substantial change ormodification in the project orundertaking or in the manner in whichthe project is being operated;

(b) the project or undertaking posesenvironmental threats which could notbe reasonably foreseen at the time of thestudy or review; or

(c) in due course it is established that theinformation or data given by theproponent or undertaking in previousEnvironmental Impact Assessmentprocess was inaccurate, false or intendedto mislead the Council.

98. Any person w ho fails or neglects to comply withthe directions of the Council issued under section97 commits an offence.

99. (1) The Council shall, in consultation with therelevant sector Ministry or governmentagency, monitor-

Cancellationof licence

upondisapprovalof Environ-

mentalImpact

Assessment

Delegationof powers

to approveEnviron-

mentalImpact

Assessment

Appealagainstdecision ofthe Ministeron EIA

Maintenanceof records ofdecisions onEnvironmentalImpactAssessment

Requirementof freshEnvironmentalImpactAssessmentstudy

Offence forcontraventingEIA

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(a) all environmental criteria andphenomena with a view to making anassessment of any possible changes in theenvironment and their possible impacts;and

(b) the operation of any project orundertaking with a view to determiningits immediate and long term effects on theenvironment.

(2) An environmental inspector or any otherauthorized officer may, upon giving duenotice, enter upon any land or premises forthe purposes of monitoring the effects uponthe environment of any activities carried outon that land or premises.

100.(1) Where the results of monitoring indicate non-compliance with the Environmental ImpactAssessment, the holder of the EnvironmentalImpact Assessment Certificate may berequired-

(a) to take all reasonable measures to mitigatethe impact of such non compliance andreport such measures to the Council; or

(b) to pay a fine imposed by way ofadministrative measure by the Councilfor such non compliance.

(2) The Council may recommend to theMinister for revocation of an EnvironmentalImpact Assessment Certificate if the resultsof an additional monitoring indicatepersistent non-compliance with theconditions stipulated in the EnvironmentalImpact Assessment Certificate and theCouncil may institute proceedings in a courtof law for damages for any injury that mayhave occurred as a result of such non-compliance.

101.(1) The Council shall be responsible for carryingout an environmental audit in respect of anyproject or undertaking that is likely to havesignificant impact on the environment.

(2) An environmental inspector or any otherauthorized officer may, upon giving duenotice, enter into any land or premises forpurposes of determining how far theactivities carried out on that land or premisesconform with the Environmental ImpactStatement.

(3) Notwithstanding the provisions ofsubsections (1) and (2) the proponent oroperator of a project or undertaking forwhich an Environmental Impact Statementhas been made shall keep accurate recordsand make annual reports to the Councildescribing how far the project conforms inoperation with the statements made in theEnvironmental Impact Statement.

(4) The proponent or the operator of a projector undertaking shall take all reasonablemeasures to mitigate any undesirable effectsnot previously anticipated in theEnvironmental Impact Statement and shallprepare, for submission to the Council, acomprehensive report of those measures, onan annual basis or as the Council may, inwriting, direct.

102.(1) Upon expiry of a project or undertakingstipulated under the Second Schedule to thisAct, the proponent or operator shall, at hisown cost undertake safe decommissioning,site rehabilitation and ecosystem restorationbefore the closure of the project orundertaking.

(2) The Director of Environment shall notdischarge an environmental performancebond deposited under section 227 of this Actuntil the holder fulfils the conditionsstipulated under subsection (1).

103.Notwithstanding the preceding provisions ofthis Part, the Minister may require any personwhose activities are likely to have an impact onthe environment to make a statement on thesocial, health, biotechnological or any other riskimpact assessment he may determine.

Monitoringcompliance

withEnviron-

mentalImpact

Statement

Environ-mental

audit

Undertakingof safe decom-missioningand siterehabilitation

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7STRATEGIC ENVIRONMENTALASSESSMENT

104.(1) It shall be a requirement when preparing aBill for enactment of any law that is likely tohave effect on-

(a) the management, conservation andenhancement of the environment; or

(b) sustainable management of naturalresources, to conduct and submit to theMinister a detailed statement regardingStrategic Environmental Assessment ofthe effect likely to be caused on theenvironment in the implementation ofthe provisions of that law.

(2) Without prejudice to subsection (1), whenpromulgating regulations, public policies,programmes and development plans shallinclude a Strategic EnvironmentalAssessment Statement on the likely effectsof such regulations, public policies,programmes or development plans may haveon the environment.

(3) Every Strategic Environmental AssessmentStatement made under this section shallinclude-

(a) a full description of a policy, Bill,legislation, strategy, programme, plan andthe objectives it intends to achieve;

(b) an identification, description andassessment of the positive and adverseeffects that implementation of theproposed policy Bills, strategy, programme,plan or legislation in likely to have on theenvironment and to the sustainablemanagement of natural resources;

(c) an identification, description andassessment of likely effects of alternativemeans to achieve the objectives of the

policy, Bill, legislation, strategy,programme and plan;

(d) an identification, description andassessment of a range of practicablemeasures that could be taken to avoid,mitigate or remedy any adverse effect thatmay occur as a result of the implementationof the policy, Bill, legislation, strategy,programme, or plan; and

(e) any other information that the Ministermay by regulations prescribe.

(4) Where a person responsible for the Bill,regulation, public policy, strategy,programme, or plan, does not require aStrategic Environmental Assessment underthis section, he shall submit a draft of therelevant document to the Minister who shall,as soon as practicable, determine whether ornot an assessment is required and shall furnishhis decision and the reasons for it.

(5) Upon receipt of the strategic environmentalassessment report, the Minister shall directthe Director of Environment to review thepolicy, Bill, legislation, strategy, programmeor plan and furnish his opinion to theMinister who shall thereafter give his opinionto the person concerned.

(6) A person to whom the Minister has givenopinion shall be required to comply withrecommendations made and shall be requiredto submit a fresh report to him indicating:

(a) the revisions that have been made to theoriginal document in order to promoteenvironmental management and thesustainable management of naturalresources or to avoid, mitigate or remedyany adverse effects which implementationof the original legislation, policy,programme or plan, may have had;

(b) any other measures that have to be takento avoid, mitigate or remedy any adverseeffects on the environment and whenthese were or will be taken, and if any

Strategicenvironmental

assessment ofBills,

regulations,policies,

strategies,programmes

and plans


324

measures recommended by theassessment report have or will not betaken, the reasons for not doing so; and

(c) a revised version of the policy, Bill,legislation, strategy, programme or plan.

(7) Where the Minister is of the opinion that theenvironmental concerns raised during thestrategic environmental assessment processare not adequately addressed by the revisedBill, regulation, policy, strategy, programmeor plan, and that additional cost-effectivemeasures to avoid or mitigate against theseadverse effects should be taken, he shallwithin thirty days of receipt of thedocuments referred to in subsection (5), lodgean objection with the person concerned witha view to reaching agreement on theamendments to be made to the revised policy,Bill, legislation, strategy, programme or planin order to give effect to the purpose andprinciples of this Act.

(8) Where, upon direction by the Minister, theDirector of Environment and the personconcerned are unable to reach agreement onthe amendments to be made to the revisedpolicy, Bill, legislation, strategy, programmeor plan on the measures to be taken, theDirector of Environment or the personconcerned may lodge a notice of objectionto the Minister.

(9) The Minister may, upon receipt of the noticeof objection, order the documents referredto in subsection (6) to be subjected to publicreview or to a public hearing before makinga final determination.

105.(1) Where a mineral or petroleum resource isidentified and before specific details areplanned or a hydro-electric power station isplanned or a major water project is planned,the Ministry responsible for mining, energyor water shall carry out a StrategicEnvironmental Assessment.

(2) The Strategic Environmental Assessmentprovided for under sub-section (1), shall assess

the area marked for development includingthe following-

(a) baseline environmental conditions andstatus of natural resources;

(b) identification of ecologically sensitive andprotected areas;

(c) identification and description ofcommunities around the area;

(d) existing socio-economic conditions;

(e) existing economic activities andinfrastructure;

(f) proposed developments, including longterm scenarios and the cumulativedevelopment of a number of differentmine or oil and gas site or hydro-electricpower stations;

(g) infrastructure and resources required toservice these development;

(h) potential environmental and socialimpacts of mining or petroleumdevelopment or hydro-electric power orany major water projects; and

(i) recommendations for land reclamationand limitations on development indifferent areas.

(3) The Minister shall direct the Director ofEnvironment to review the strategicenvironmental assessment statement andprepare a report on adequacy or inadequacyof the statement and areas which need to beimproved and make recommendations to theMinister accordingly.

(4) The Director of Environment shall submit areview report to the Minister for approval.

(5) On receipt of recommendations, the Ministershall approve the report and makerecommendations to the Ministryresponsible for mining, energy or water

Strategicenviron-

mentalassessment

for mineral,petroleum,

hydro-electric

power andmajor water

projectplans


325

regarding the best way environment can bepreserved within the context of the projectthat is to be undertaken.

(6) The Ministry responsible for mining, energyor water project shall be required to complywith recommendations made by theMinister.

8POLLUTION PREVENTION ANDCONTROL

106.(1) It shall be an offence for any person to polluteor permit any other person to pollute theenvironment in violation of any standardsprescribed under this Act or any otherwritten law regulating a segment of theenvironment.

(2) In determining whether or not to issue alicence, permit or other authorization todischarge contaminant, and the terms andconditions of the licence, permit orauthorization, the Council or any otherperson empowered to make the decision shallseek to ensure that the prescribed bestpracticable option is adopted.

(3) For purposes of this section, “the bestpracticable option,” in relation to thedischarge of a contaminant or an emissionof noise, means the best method forpreventing or minimizing adverse effects onhuman health, life or the environment.

(4) No person shall emit any pollutants whichcause air pollution in contravention ofstandards prescribed or that may beprescribed under this Act.

(5) No person shall emit or cause to be emittednoise in excess of standards prescribed or thatmay be prescribed in relation to emission ofnoise.

(6) It shall be an offence for any person todischarge contaminants or to emit noisewithout taking into account practicablemeasures prescribed in the regulations thatmay be made by the Minister.

107. The Minister may, in consultation with theMinister responsible for local governmentauthorities, make further regulations-

(a) preventing and controlling any specifiedactivities that result in adverse effects onthe environment;

(b) requiring any person to monitordischarges of contaminants and to keeprecords of the results of the monitoring;

(c) creating systems of integrated pollutionprevention and control;

(d) imposing substantive and proceduralrequirements on persons issuing licencesand permits under this Act or regulations;

(e) establishing requirements, standards andguidelines for preventing and controllingdischarges or emission into theenvironment and for activities and theoperation of facilities which may causedischarges or emissions into theenvironment;

(f) requiring persons applying for dischargelicences to pay for the administrativecosts of dealing with such applications,including the reasonable costs ofobtaining expert assistance in dealingwith the applications;

(g) classifying discharges, emissions, disposal,facilities, mobile and stationery sourcesof pollution and dangerous goods;

(h) classifying any new hazardous substances,toxic substances, potentially toxicsubstances, environmentally harmfulsubstances and other types of controlledsubstances;

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(i) preventing, prohibiting and regulating bysuch other methods as by licensing,guidelines, imports, exports, manufacture,transportation, handling, sale, possession,use, storage, or disposal of any class ofcontrolled substance or substance orproduct containing a controlled substance;

(j) incorporate into domestic regulationslatest developments on internationalenvironmental laws and practices;

(k) requiring monitoring of discharges ofcontaminants into the environment inareas surrounding the discharges;

(l) establishing standards in relation to themanufacture, distribution, sale or offeringfor sale of products the manufacture, useor disposal of which may have resultedor may result in the discharge of acontaminant into the environment;

(m)in respect of motor vehicles-

(i) requiring, regulating and prohibitingthe installation, maintenance and useof equipment and devices;

(ii) establishing mandatory emissionstandards and testing programmes;

(iii)prohibiting the use of any motorvehicle that fails to comply with anemission standard; and

(iv)prohibiting or regulating the use ofmotor vehicles in certain lanes ofdesignated roads or in certain parts ofurban areas;

(n) requiring, regulating and restricting theuse of notices, marks and labels onproducts, packaging and containers;

(o) prohibiting or regulating in certain areas,on certain days of the year, or both, thecarrying out and manner of carrying outof activities that may result in thedischarge of a contaminant; and

(p) requesting any person to provideinformation relevant to the control orprevention of discharge of a contaminantor an emission of noise.

108. The Council may, in order to achieve integratedpollution prevention and control, prescribeappropriate guidelines on the best methods forpreventing or minimizing adverse effects on theenvironment having regard to such matters as:-

(a) the nature of the discharge or emissionand the sensitivity of receivingenvironment to the adverse effects;

(b) the financial implications, and the effecton the environment of an option whencompared with other options; and

(c) the current state of technical knowledgeand the likelihood that the option can besuccessfully applied.

109.(1) Any person who knowingly puts or permitsto be put or to fall or to be carried into anystream, so as either singly or in combinationwith other similar acts of the same nature orinterfere with its due flow or pollute itswaters, or puts solid refuse of anymanufactory or manufacturing process, orputs any rubbish or any other waste or anyputrid solid matter into such stream, commitsan offence.

(2) Any person who causes to fall or flow orknowingly permits to fall or flow or to becarried into any stream any poisonous,noxious or polluting liquid proceeding fromany factory or manufacturing process,commits an offence.

110.(1) No person shall discharge any hazardoussubstance, chemical, oil or mixturecontaining oil in any waters or any othersegment of the environment except inaccordance with guidelines prescribed underthis Act or any other written law.

(2) A person who discharges any hazardoussubstance, chemical, oil or mixture

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containing oil in any waters or any othersegment of the environment, commits anoffence.

(3) Apart from the general punishment providedfor under this Act, the person convicted ofan offence under this section may be orderedby the court-

(a) to pay the cost of removal, including anycosts which may be incurred by theGovernment or Government agency inthe restoration of the environmentdamaged or destroyed as a result of thedischarge; and

(b) to pay the cost of third parties in the formof reparation, restoration, restitution orthe compensation as may be determinedby the court.

(4) It shall be the duty of every organization andindividual producing, transporting, trading,using, storing or disposing of chemicals, oil,toxic substances, inflammable or explosivesubstances, to comply with regulationsprescribed by the Minister on safety forhuman and other living beings and avoidcausing environmental degradation.

(5) Without prejudice to any other applicablewritten law, the Minister may, inconsultation with an appropriate authoritystipulate in the regulations a list of toxic,inflammable or explosive substances whichare the subject of prohibition under this Act.

(6) For purposes of regulating the production,storage or transportation of listed toxic,inflammable or explosive substances subjectof prohibition under subsection (5), theMinister may require owners or operators ofproduction, storage or transportation thereofto mitigate the impact of their activities by-

(a) giving immediate notice of the discharge,to the Council and other relevant sectorMinistries;

(b) immediately commencing clean-upoperations using the best available clean-up methods;

(c) complying with such directions as theCouncil may prescribe.

(7) The Council may seize the production,storage and transporting facility or motorvehicle or vessel until such time the owneror operator takes mitigating measures.

(8) The Council shall seek an order of the courtfor the disposal of production, storage,transporting facility, motor vehicle or vesselif the owner or operator fails, withinprescribed reasonable time, to take mitigatingmeasures.

(9) Without prejudice to any other written law,the Council shall ensure that-

(a) location, design, construction andoperation of plants in the atomic energy;

(b) industries, production, transportation,utilization and storage of radioactivematerials;

(c) disposal of radioactive wastes; and

(d) organizations, individuals making use ofmachinery, equipment, materials withharmful electro-magnetic radiation orionizing radiation, complies with theprovisions of any law or regulations thatmay be prescribed for environmentalprotection, regular check andEnvironmental Impact Assessment oftheir facilities and report periodically tothe Council.

111.(1) It shall be the duty of the Council incollaboration with any other organ to closelyfollow developments in technology andtechniques for preventing or reducingpollution of the environment due to releasesof substances from prescribed processes.

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(2) Any person carrying out activity impactingon the environment shall be required tofollow a directive that may be issued by theCouncil on adaptation of any suchdevelopments in technology and techniquesto prevent or reduce pollution of theenvironment.

112.(1) For purposes of facilitating pollutionprevention and control measures, theMinister may prescribe rules obligingsubmission of information to either theCouncil or any designated person, by:

(a) a person who owns or operates anirrigation project scheme, seweragesystem, industrial production plant,industrial wastes treatment plant, solidwaste disposal site or facility, trading andstorage facility for petroleum products,workshop or any other undertakingwhich discharges or is likely to dischargeeffluents or other pollutants into theenvironment; or

(b) any other institution or organ which isrequired by any other written law to takemeasures to prevent pollution withinareas to which it has administrativecontrol or any other institution or organthat may be identified from time to time.

(2) The provisions of subsection (1) shall notderogate powers of the Minister responsiblefor shipping to make regulation forprevention of marine pollution pursuant tothe provisions of Part XIX of the MerchantShipping Act, 2003.

(3) Any person who contravenes therequirement to furnish information to theCouncil or any designated person, commitsan offence.

113.(1) Where the Council is of the opinion that thecarrying on of a prescribed activity or processor the continuing carrying on of any processor activity in a particular manner involvesan imminent risk of serious pollution of theenvironment, the Council may serve a

prohibition notice on the person carrying onthe process or activity.

(2) A prohibition notice issued under subsection(1) shall-

(a) specify the environmental risk involvedin the activity or process;

(b) specify the steps that may be taken to theprocess or activity to remove it and theperiod within which such steps shall betaken;

(c) direct that the authorization shall, untilthe notice is withdrawn partly or whollyto the extent specified in the notice ceases,to have effect to authorize the carryingon of the process or activity; and

(d) where, it applies only to a part of theprocess or activity, it impose conditionsto be observed in carrying on that otherprocess or activity which is authorizedto be carried on.

9WASTE MANAGEMENT

9.1 Management of Solid Waste

114.(1) For the purposes of ensuring minimizationof the solid waste in their respectivegeographical areas of jurisdiction, localgovernment authorities shall prescribe:

(a) for different types or kinds of waste orrefuse or garbage to be separated at thesource;

(b) for standards to guide the type, size,shape, colour and other specifications forrefuse containers used; and

(c) for mechanisms to be put in place toinvolve the private sector and Non-

Duty todisclose

informationto preventpollution

Act No.21 of2003

Prohibitionnotices onprescribedprocess or

activity

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Governmental Organisations onplanning, raising awareness amongproducers, vendors, transporters,manufacturers and others on the need tohave appropriate containers and enhanceseparation of waste at source.

(2) The local government authorities shall, withrespect to their respective geographical areasof jurisdiction:-

(a) cause to be conducted appropriateEnvironmental Impact Assessment for allnew major activities leading to propermanagement of solid waste;

(b) manage solid waste generated inaccordance with sustainable plansproduced by respective local governmentauthority; and

(c) ensure the appropriate sorting of waste ismade right at the source and inaccordance with standards orspecifications prescribed by the localgovernment authority concerned.

(3) For the purposes of making decisions onsuitability of any specific method ofcollection, treatment or disposal of solidwaste, local government authorities shallundertake studies within their respectivegeographical areas of jurisdiction with a viewto instill knowledge of the rate of local solidwaste generation and its composition.

115.(1) Each local government authority shallundertake periodic studies to determine thetype of solid wastes generated from markets,business areas and institutions and determineappropriate methods for sorting, storage ordisposal of waste.

(2) In the determination of the appropriatestorage or disposal for solid waste generatedby different types of markets, businesscentres or areas and institutions within theirrespective areas, local government authoritiesshall ensure that the solid waste is classifiedand appropriately stored depending on

whether it is organic waste, plastics, glass ormetals.

(3) The Minister may prescribe nationalclassifications of solid waste which localgovernment authorities may adopt for theirrespective geographical areas of jurisdictions.

(4) For the purposes of this section, “institution”includes schools, offices, hospitals, police,army barracks, religious buildings, camps,convents and any other organization orentity which the Minister may declare to bean institution for the purposes of solid wastemanagement.

116.(1) The local government authorities shall ensurethat industries located within theirgeographical respective areas of jurisdictionprovide adequate space and facilities formanaging all solid waste generated from suchindustries before they are collected fordisposal at designated places.

(2) The local government authorities shall ensurethat refuse bays or areas set aside by industriesfor the collection of solid waste are clean andprotected from flies, animals and scavengers.

(3) The Minister shall, after consultation withthe Ministers responsible for industries, land,health and the local government authoritiesprescribe rules on solid wastes to be compliedwith by various categories of industries.

117. The local government authorities shall, withrespect to urban and rural areas, prescribe:

(a) the best ways possible for the collectionof various classifications of solid wastefrom generation sources and shall on itsown or with any commercial or privatesector arrange ways to recover the costincurred in collection of the solid waste;and

(b) appropriate equipment, time and routesfor solid waste collection.

Disposal ofsolid waste

frommarkets,business

areas andinstitutions

Storage ofsolid wastefromindustries

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118.(1) The local government authorities maydesignate transfer stations to serve ascollection centres of solid wastes to servecities, or municipalities, or towns or otherareas where large amounts of solid waste aregenerated.

(2) Before a local government authoritydesignates an area to be a waste transferstation for the purposes of collection of solidwaste it shall:-

(a) carry out social, health andenvironmental impact assessment;

(b) ensure that the selected area is adequatein size and situated away from residentialarea;

(c) ensure regular removal of solid waste toavoid any possible nuisance; and

(d) ensure the area is fenced off and securedto prevent unauthorized persons fromentering.

119. The local government authorities shall, inchoosing the best method of solid waste disposalfor their geographical areas of jurisdiction,consider the following matters:-

(a) climatic conditions;

(b) economic ability;

(c) interest of the community;

(d) environmental, hygienic and socialbenefits; and

(e) availability of tipping sites.

9.2 Management of Litter

120. For the purposes of section 121 and 122, unlessthe context otherwise requires -

“public land” means land entrusted to thePresident as trustee and includes general landor privately occupied land;

“deposit”, in relation to litter; include-

(a) cast, place, throw or drop litter;

(b) allow litter to be cast, thrown, dropped,or to escape, from any conveyance;

“litter” includes any refuse, rubbish, animalremains, glass, metal, plastic, garbage, debris,dirt, filth, urine, rubble, ballasts, stones, earth,sewage, or waste matter, or any other thing ofa like nature;

“private land” means every place other thana public place;

“public place”-

(a) includes the following:-

(i) every road, street, private street,footpath, access way, storm waterdrain, service lane, court, mall,thoroughfare, wharf and airport towhich the public generally has access,whether with or without payment ofany fee, and includes any nationalpark or reserve;

(ii) any park, garden or other place ofpublic recreation to which the publichas access, whether with or withoutpayment of any fee;

(iii)any beach or foreshore, or the bankof any river or stream, or the marginof any lake, to which the publictraditionally has access, whether withor without payment of fee;

(iv) any waters to which the publictraditionally has access, whether withor without payment of any fee, forbathing or other recreationalpurposes;

(v) every wharf, pier or jetty to whichthe public has access;

(vi) any airport;

Wastetransferstations

Finaldisposalof solid

waste

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(vii)any general land vested in orcontrolled by the President being landthat is not occupied pursuant to anylease, licence, or other authority byany private person;

(viii)any other place whether public orprivate in the open air to which thepublic has access, whether with orwithout payment of any fee; but

(b) excludes any site designated or approvedfor the disposal of waste pursuant to thisor any other Act, or any receptacleinstalled in a public place.

121.(1) Every person who has a public place underthat person’s control or management shallat all times provide and maintain in thatplace, where litter is likely to be deposited,such number of litter receptacles of suitableconstruction and design for the temporarydeposit of litter as may reasonably benecessary to keep that place free from litter.

(2) Where litter generated on or attributable toany particular premises is likely to be carriedfrom or to otherwise escape from thosepremises onto a public place, an EnvironmentInspector may require the occupier of thepremises to take all reasonable steps toprevent such litter being carried to orescaping onto the public place.

(3) Where it is shown that, excessive litter isattributable to or emanates from anyparticular premises, an EnvironmentInspector may require the occupier of thepremises to provide and maintain suchnumber of litter receptacles of suitableconstruction or design in any public placeadjacent to or within the vicinity of the landor premises for the temporary deposit oflitter, as may reasonably be necessary toensure that the public place be kept free ofthat litter.

(4) Where any occupier fails to comply within areasonable time with a requirement of anEnvironment Inspector made under

subsection(2) or (3), the officer may take anyreasonable steps to remedy that default andshall recover the cost of so doing from theoccupier as a debt due to the service.

(5) Every person to whom this section appliesshall also make appropriate provision foremptying the contents of litter receptaclesprovided within the public places under thatperson’s control or management, and for theremoval and disposal of those contentspromptly, efficiently and at regular intervals.

122.(1) An Environment Inspector may serve on theoccupier of any private land or any landvested in or controlled by any person, anotice in writing requiring the occupier, tothe satisfaction of the Inspector to-

(a) clear away, or remove, from the land;

(b) clean up; or

(c) screen, cover, or otherwise obscure fromview, such litter as may be specified inthe notice, within such time as may be sospecified.

9.3 Management of Liquid Waste

123.(1) The local government authorities mayprescribe and issue guidelines on how liquidwaste from domestic and commercialpremises is to be treated and finally disposedof both within the site and outside thepremises.

(2) Without prejudice to subsection (1), theMinister may prescribe specific guidelines tobe followed by local government authoritiesor sewerage authorities in their disposal ofgeneral or specific types of liquid wastes.

124. The local government authorities shall, withrespect to their areas of jurisdiction prescribe,issue guidelines and standards on how sewagefrom cesspool and sludge from septic tanks isto be collected and transported by specifiedvehicles for disposal.

Controlof litter

in publicplaces

Occupiersof privateland toclear litter

On sitedisposalof liquidwaste

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125. The local government authorities shall ensurethat sewage is appropriately treated before it isfinally discharged into water bodies or openland, and that it does not increase the risk ofinfections or ecological disturbance andenvironmental degradation.

126. The local government authorities shall designateand ensure compliance with designated disposalponds, sewage treatment facilities and sewerpoints.

127. Upon completion of construction of a seweragesystem, local government authorities shallfacilitate the carrying out of initial andsubsequent periodic tests to ascertain that theeffluent meant for final disposal meets thestandards as may be prescribed by the Minister.

128. The Minister shall make regulations prescribingthe best method for the treatment of hazardousand non hazardous liquid wastes fromindustries.

129.(1) Every local government authority shall,within its area of jurisdiction, build orprepare storm water drains.

(2) The storm water drains shall remain cleanfor the purposes for which they have beenmade.

(3) The Minister may make rules providing for:-

(a) standard gradient for storm water drainsto prevent water stagnation;

(b) the periodic cleaning of storm waterdrains to remove deposits; and

(c) covered storm water drains, inspectioncovers and appropriate trap chambers forinspection and removal of deposits.

9.4 Management of Gaseous Waste

130. The local government authorities shall ensurethat all habitable buildings-

(a) have adequate openings to providethrough or cross ventilation;

(b) provide adequate means of smoke escapein kitchen and other indoor places as maybe appropriate; and

(c) do not provide for cooking in dwellinghouses or use of animal dung as fuel inconfined unventilated dwellings.

131.(1) The local government authorities shall,taking into consideration of the winddirection and environmental impactassessment recommendations, ensure thatindustries producing gas emissions are locatedfar away from residential areas.

(2) Each local government authority shallprescribe rules, procedures and penaltiesgoverning:

(a) regularity of checks of the machinery toensure that they function efficiently anddo not produce gas emissions; and

(b) specifications of chimneys and gascontrolling devices to be fitted to factoriesand industries.

132.(1) The local government authorities shallprescribe rules specifying emission of carbonmonoxide, hydrocarbons, other noxiousemissions and standards for exhaustemissions applicable in areas of jurisdictionof a local government authority concerned.

(2) Where national standards have beenprescribed, the local government authoritiesshall adopt the national exhaust emissionsstandards.

9.5 Management of HazardousWaste

133.(1) It shall be an offence to import into or exportfrom Tanzania, hazardous waste without apermit granted by the Minister.

Treatmentof liquid

waste

Liquidwaste

disposal

Controland moni-

toring ofsewerage

system

Industrialliquidwaste

Stormwater

manage-ment

Gaseouswastes

fromdwelling

houses

Controlofindustrialgaseouswaste

Gaseousandparticulatewastesfromvehicles

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(2) Where hazardous waste is to be exportedfrom Tanzania it shall be necessary for aperson intending to export such waste toobtain a written permit issued by acompetent authority of the receivingcountry.

(3) No person shall transport hazardous wastewithin or through Tanzania without a permitgranted by the Minister.

(4) The Minister may make regulationsprescribing the following:-

(a) best possible ways to manage varioustypes of hazardous wastes andappropriate penalties to anycontravention;

(b) responsibility and liability of personinvolved in any generation,transportation, export and disposal ofhazardous wastes;

(c) notification procedures in transportationand disposal of hazardous wastes;

(d) any reporting requirement inimplementation of internationalconventions on hazardous waste and incases of incidents that may have potentialto cause damage to human health, livingbeings and the environment;

(e) licensed disposal facilities for hazardouswastes;

(f) responsibility and liability of person orgroup of persons that have causedcontamination of the environmentalecosystem or owners of such sites;

(g) criteria for classification of sitescontaminates (sic) with hazardous wastes;and

(h) clean up sites contaminated withhazardous waste.

(5) The Minister may prescribe criteria for theclassification of hazardous wastes with regardto determining their-

(a) hazardous nature;

(b) corrosive nature;

(c) carcinogenic nature;

(d) flammable nature;

(e) persistent nature;

(f) toxic nature;

(g) explosive nature; and

(h) radioactive nature.

134.(1) Each local government authority shall, withrespect to its area of jurisdiction, ensure that-

(a) standards prescribed for the hazardouswaste management are in place andoperational at all the time;

(b) premises producing hazardous wastes areadequately ventilated and are incompliance with prescribed standards;

(c) waste effluents are treated or are somodified as to comply with prescribedstandards before final disposal; and

(d) hazardous liquid wastes are treated toconform with prescribed environmentalstandards at factory or on site before theirdischarge into public sewers or municipaloxidation ponds or in an open land orinto receiving water bodies.

(2) Any standards and guidelines set by thelocal government for the purposes ofthis Act, shall conform to standards setunder this Act.

135.(1) The Minister shall ensure that, anymovement of hazardous waste within andthrough Tanzania shall be conducted in a

Duty oflocalgovern-mentauthorityinrelationtohazardouswaste

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manner that prevents or minimizes adverseeffects to human health and the environmentand shall conform to movement proceduresas may be prescribed in the Regulations.

(2) Any generator of hazardous waste shall takemeasures to minimize the generation of suchwaste.

(3) Any generator of hazardous waste shall beresponsible for its disposal and shall be liablefor any damage to human health, livingbeings and the environment.

136.(1) Subject to the provisions of subsection (2),disposal of any hazardous waste shall be donein an environmentally sound manner.

(2) Environmental Impact Assessment shall becarried out before hazardous waste is disposedof into soil, land, air or body of water.

137.(1) The Minister shall, in collaboration with theMinister responsible for health, ensure thathealth care wastes are sorted and stored inprescribed coded containers and transportedin refuse trucks designed and registered forthat purpose.

(2) The Minister shall in collaboration with theMinister responsible for health, prescribe thebest possible method for final disposal ofvarious types of health care wastes.

(3) In this section, “health care wastes” includesbut not limited to the infectious wastes,pathological wastes, sharps, pharmaceutical,genetoxic, radioactive wastes, coagulatedblood wastes and drugs.

138. The Minister shall, in collaboration with othersector Ministries and other authorities,prescribe the best possible methods for handlingand for disposal of:

(a) veterinary wastes arising from abattoirs;

(b) veterinary drugs;

(c) waste emanating from agricultural activities;

(d) agro-chemical wastes;

(e) chemical wastes; and

(f) any other type of waste as the Ministermay determine.

139.(1) Without prejudice to the powers of the localgovernment authority granted under anywritten law in relation to management ofwaste, each local government authority shallhave all powers necessary for purposes ofpreventing or minimizing solid, liquid,gaseous and hazardous waste.

(2) For the purpose of waste management, theMinister may advise the Minister responsiblefor local government authorities to direct orassign any person powers vested in the localgovernment authority which has failed tomeet its obligation or to exercise such powerin relation to any matter which is prescribedunder this Part.

(3) Without prejudice to the provisions ofsubsection (2), the Minister may, in a fittingcase, direct or assign to any person powersvested in the local government authoritywhich has failed to meet its obligation or toexercise such powers in relation to any matterwhich is prescribed pursuant to theprovisions of this Part.

10ENVIRONMENTAL QUALITYSTANDARDS

140.(1) The National Environmental StandardsCommittee of the Tanzania Bureau ofStandards established under the TanzaniaBureau of Standards Act, 1975 shall develop,review and submit to the Minister proposalfor environmental standards and criteria inrelation to –

Environ-mentalImpact

Assessmentfor

hazardouswaste

Finaldisposal ofhealth care

wastes

Disposalof other

wastes

Generalpowers oflocalgovernmentauthoritiesto minimizewaste

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(a) water quality;

(b) discharge of effluent into water;

(c) air quality;

(d) control of noise and vibration pollution;

(e) sub-sonic vibrations;

(f) soil quantity;

(g) control of noxious smells;

(h) light pollution;

(i) electromagnetic waves and microwaves;and

(j) any other environmental qualitystandard.

(2) The National Environmental StandardsCommittee shall cause the standards to bepublished in the Gazette and in at least twodaily newspapers one of which shall be inKiswahili and one in English language witha view to invite comments to be made inwriting on the proposed standards withinsuch period as may be prescribed.

(3) Upon approval of environmental qualitystandards and criteria the Minister shallpublish them in the Gazette.

141. Every person undertaking any activity shall berequired to comply with environmental qualitystandards and criteria.

142.(1) In enforcing environmental quality standardsand criteria the Council may-

(a) order or carry out investigations of actualor suspected environmental pollutionincluding the collection of samples,records and data;

(b) upon reasonable notice served on theoccupier enter, inspect and examine anyplace, area, premise or any vehicle, vessel,

boat, aircraft or any carriage of anydescription on which it has reasonablegrounds to believe that the activity is oris likely to lead to violation ofenvironmental standards;

(c) take necessary measures to ensure thatindustry and other facilities adopt cleanertechnology to meet the requirements ofstandards established under this Act;

(d) monitor emission concentration andnature of pollutants emitted;

(e) make guidelines to minimize greenhousegases and other emissions and identifysuitable technologies for minimization ofair pollution; or

(f) do or perform anything or act that isnecessary for the monitoring and controlof environmental pollution.

(2) Subject to the provisions of any other law,any person who permits or causes to permitpollution or emission in excess ofenvironmental quality standards and criteriastipulated pursuant to this Act, commits anoffence.

(3) The Council shall maintain closecollaboration with local governmentauthorities, Public Health Department,Occupational Health and Safety Agency,Tanzania Bureau of Standards, TanzaniaAtomic Agency, Chief Government ChemistLaboratory Agency, Tanzania Food andDrugs Authority and such other institutionsfor the purposes of enforcement ofenvironmental quality standards.

143. The National Environmental StandardsCommittee shall-

(a) prescribe criteria and procedure formeasuring standards for water quality;

(b) establish the minimum quality standardsfor all waters of Tanzania;

Compliancewith

standards,etc

Enforcementof

environmentalquality

standards

Waterqualitystandards


336

(c) establish minimum quality standards fordifferent uses of water including:

(i) drinking water;

(ii) water for agricultural purposes;

(iii)water for recreational purposes;

(iv)water for fisheries and wildlife;

(v) water for industry;

(vi)water for environment; and

(vii) water for any other purposes.


(a) establish standards for the discharge ofany effluent into the waters of Tanzania;

(b) establish measures for the treatment ofeffluent before their final discharge intosewage systems; and

(c) prescribe requirements for the operatorof any plant or undertaking to undertakesuch works as it considers necessary forthe treatment of effluent before it isfinally discharged into water.

145. The National Environmental StandardsCommittee shall:

(a) prescribe criteria and procedure formeasurement for air quality;

(b) establish ambient air quality standards;

(c) establish occupational air qualitystandards;

(d) establish emission standards for varioussources;

(e) prescribe criteria and guidelines for airpollution control for both mobile andstationary sources; and

(f) any other air emission quality standards.


(a) prescribe procedures for themeasurement and determination ofnoxious smells;

(b) set minimum standards for the controlof pollution of the environment bynoxious smells; and

(c) prescribe guidelines for measurementsand the abatement of noxious smells,whether from human activities or naturalphenomenon.


(a) prescribe procedures for themeasurement and determination of noiseand vibrations standards;

(b) set minimum standards for emissions ofnoise and vibrations pollution into theenvironment;

(c) establish criteria and procedures for themeasurement of noise and vibrationpollution into the environment fromexisting and future sources;

(d) prescribe guidelines for the abatement ofunreasonable noise or vibration pollutionemitted to the environment;

(e) establish noise levels and noise emissionstandards applicable to construction sites,plants, machinery, motor vehicles,aircrafts, including sonic booms,industrial and commercial activities;

(f) establish appropriate measures to ensurethe abatement and control of noise fromsources referred to in paragraph (e); and

(g) measure the levels of noise emanatingfrom sources referred to in paragraph (e).

Standardsfor

dischargeof effluentinto water

Airquality

standards

Standardsfor thecontrolofnoxioussmells

Standardsfor thecontrol ofnoise andvibrationpollution


337


(a) prescribe procedures for themeasurement and determination foremission of sub-sonic vibrationsstandards;

(b) set minimum standards for emissions ofsub-sonic vibrations into theenvironment from existing and futuresources;

(c) establish criteria and procedures for themeasurement of sub-sonic vibrations; and

(d) issue guidelines for the minimization ofsub-sonic vibrations referred to inparagraph (b).


(a) establish standards for the minimizationof ionizing and other radiation in theenvironment;

(b) establish criteria and procedures for themeasurement of ionizing and otherradiation;

(c) provide information aimed at warningand protecting the public and theenvironment against actual or potentialexposure to radioactive material orionizing radiation and prescribe safepractices to protect persons involved inactivities prone to radiation exposure; and

(d) do all things necessary for the monitoringand control of pollution from radiation.


(a) establish criteria and procedures for themeasurement and determination of thequality of soil;

(b) set minimum standards for themanagement of the quality of soil;

(c) prescribe guidelines for the disposal ofany waste in the soil, the optimalutilization of any soil, identification ofthe various soils and practices that arenecessary in order to conserve soil andprohibition of activities that may degradethe soil; and

(d) do any other thing necessary for themonitoring and control of soildegradation.

11ENVIRONMENTAL RESTORATION,EASEMENTS AND CONSERVATIONORDERS

11.1 Restoration Orders

151.(1) Subject to any other provisions in this Act,the Council may issue, on any person inrespect to any matter relating to themanagement of the environment, an orderknown as environmental restoration order.

(2) An environmental restoration order shall beissued to-

(a) require the person on whom it relates torestore the environment as near as it maybe to a state in which it was before thetaking of the action which is the subjectof the order;

(b) prevent the person on whom it relatesfrom taking any action which would oris reasonably likely to cause harm to theenvironment;

(c) award compensation to be paid by theperson on whom it relates or to other

Standardsfor sub-

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Standardsfor

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persons whose environment or livelihoodhas been harmed by the action which isthe subject matter of the order; and

(d) levy a charge on the person on whom itrelates which, in the opinion of theCouncil, represents a reasonable estimateof the costs of any action taken by anauthorized person or organization torestore the environment to a state inwhich it was before the taking of theaction which is the subject matter of theorder.

(3) An environmental restoration order maycontain such terms and conditions and mayimpose such obligations on the persons onwhom it relates as may, enable the order toachieve all or any of the purposes set undersubsection (2).

(4) Without prejudice to the general effect of thepurposes set out in subsection (3), anenvironmental restoration order may requirea person on whom it relates to-

(a) take such action as shall prevent thecommencement or continuation or causeof pollution;

(b) restore land, including the replacementof soil, replanting of trees and other floraand the restoration as far as may be, ofoutstanding geological, archaeological orhistorical features of the land or the areacontiguous to the land or sea as may bespecified in the order;

(c) take such action to prevent thecommencement or continuation or causeof environmental hazard;

(d) cease to take any action which is causingor may contribute to pollution or anenvironmental hazard;

(e) remove or alleviate any injury to land orthe environment or to the amenities ofthe area;

(f) prevent damage to the land or theenvironment, aquifers beneath the landand flora and fauna in, on or under orabove the land or sea specified in theorder or land or the environmentcontiguous to the land or sea specified inthe order;

(g) remove any waste or refuse deposited onthe land or sea specified in the order anddispose of the same in accordance withthe provisions of the order; and

(h) pay any compensation specified in theorder.

(5) In exercising the powers under this section,the Council shall-

(a) be guided by the principles of goodenvironmental management inaccordance with the provisions of thisAct; and

(b) explain to the persons against whom theorder relates the right of appeal tospecified appellate organs.

152.(1) An environmental restoration order shallspecify clearly and in a manner, which maybe easily understood-

(a) activity to which it relates;

(b) person or persons to whom it isaddressed;

(c) time at which it comes into effect;

(d) action which must be taken to remedythe harm to the environment and thetime, being not more than thirty days orsuch further period as may be prescribedin the order, within which the actionmust be taken;

(e) powers of the Council to enter any landand undertake the action specified inparagraph (d);

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(f) penalties which may be imposed if theaction specified in paragraph (d) is notundertaken; and

(g) right of the person served with anenvironmental restoration order toappeal to any prescribed tribunal or organagainst that order, except where the orderis issued by a court of competentjurisdiction, in which case the right ofappeal shall lie to superior courts.

(2) An Environmental Inspector may inspect orcause to be inspected any activity in order todetermine whether that activity is harmfulto the environment and may take intoaccount the evidence obtained from thatinspection in any decision on whether or notto serve an environmental restoration order.

153. Where the Council reasonably suspects thatharm has been or is likely to be caused to theenvironment by any person’s activity, it mayserve on that person an order requiring thatperson to take action within thirty days of theservice of the order, to remedy or prevent theharm on the environment as may be specifiedin the order.

154. The Council may seek and take into accountany technical, professional and scientific advicewhich it considers to be desirable for asatisfactory decision to be made on anenvironmental restoration order.

155.(1) An environmental restoration order shallcontinue to apply to an activity in respect ofwhich it was issued notwithstanding that ithas initially been complied with.

(2) A person served with an environmentalrestoration order shall, subject to theprovisions of this Act, comply with all theterms and conditions of the order.

11.2 Easements Orders

156.(1) The object of an environmental easementshall be to further the principles ofenvironmental management set out in this

Act by facilitating the conservation andenhancement of the environment throughthe imposition of one or more obligations inrespect of the use of that land.

(2) Notwithstanding the nature of easementsthat may be created in accordance with theprovisions of Part XI of the Land Act, 1999,a court may, on an application made underthis Part, grant an environmental easementor an environmental conservation ordersubject to the provisions of this Act.

(3) The Council may recommend to theMinister for the creation of an easement forthe purposes of environmental protection.

(4) Where the Minister is satisfied that, therecommendations of the Council isworkable, he shall recommend to theMinister responsible for land for purposes ofthe creation of right of way in accordancewith Sub-Part 3 of Part XI of the Land Act,1999.

(5) An instrument or a court order creating aneasement for environmental protection shallclearly specify-

(a) the nature of the easement and anyconditions, limitations, and restrictionssubject to which it is granted;

(b) the period of time for which it is granted;

(c) the land or particular part of it which isburdened by the easement;

(d) the land benefited by the easement; and

(e) a plan sufficient to define such easement.

(6) An environmental easement may be imposedon and shall thereafter attach to the burdenedland in perpetuity or for a term of years orfor an equivalent interest under customarylaw as the court may determine.

(7) Notwithstanding the provisions of anywritten law, easements created for the

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purposes of environmental protection shall,unless rescinded earlier by court order,subsist beyond the tenure of the light ofoccupancy or lease.

157.(1) Any person or a group of persons may makean application to the court for the grant ofone or more environmental easements.

(2) The Court may impose such conditions onthe grant of an environmental easement as itconsiders to be best suited to advance theobject of an environmental easement.

158.(1) Proceedings to enforce an environmentaleasement may be commenced only by theperson in whose name the environmentaleasement has been issued.

(2) Proceedings in relation to environmentaleasement may request the court to-

(a) grant an environmental restoration order;or

(b) grant any remedy available under the lawrelating to easements in respect of land.

(3) The court may adjust, so far as it deemsnecessary, procedures relating to theenforcement of the requirements of anenvironmental easement.

159.(1) Where an environmental easement isimposed on land, the title of which isregistered under any written law, theenvironmental easement shall be registeredin accordance with the law prescribing thatsystem of registration of easements.

(2) In addition to any matter, which may berequired by any written law generallyprescribing registration of easements,registration of environmental easements shallinclude-

(a) the name of the applicant for theenvironmental easement as the person inwhose name the environmental easementis registered;

(b) the nature of the easement and anyconditions, limitations, and restrictionssubject to which it is granted;

(c) the period of time for which it is granted;

(d) the land, or particular part of it which isburdened by the easement;

(e) the land benefited by the easement; and

(f) the plan sufficient to define the easement.

160.(1) Any person who has a legal interest in theland, which is subject of an environmentaleasement, shall, in accordance with this Act,be entitled to compensation commensuratewith the lost value of the land.

(2) Compensation to any value of the landreferred to under subsection (1) shall be madein accordance with the provisions of the LandAcquisition Act, 1967 and the Land Act,1999.

11.3 Conservation Orders

161. For the purpose of environmental managementwhere the need arise for the creation ofeasement on a burdened land, the authority towhich that land is subject may request theMinister to issue environmental conservationorder so as to-

(a) preserve flora and fauna;

(b) preserve the quality and flow of water ina dam, lake, river or aquifer;

(c) preserve any outstanding geological,physiographical, ecological, archaeological,or historical features of the burdenedland;

(d) preserve scenic view;

(e) preserve open space;

(f) permit persons to walk in a defined pathacross the burdened land;

Applica-tion for

environ-mental

easements

Enforce-ment of

environ-mental

easements

Registra-tion of

environ-mental

easements

Compensationforenvironmentaleasements

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(g) preserve the natural contours and featuresof the burdened land;

(h) prevent or restrict the scope of anyactivity on the burdened land which hasits object in mining and working ofminerals or aggregates;

(i) prevent or restrict the scope of anyagricultural activity on the burdenedland;

(j) create and maintain works on burdenedland so as to limit or prevent harm to theenvironment; or

(k) create or maintain migration corridorsfor wildlife.

12ANALYSIS AND RECORDS

162. The Council shall by order published in theGazette, designate:-

(a) the Chief Government ChemistLaboratory;

(b) any of the accredited laboratories ofpublic universities;

(c) accredited public laboratories establishedunder or in pursuance of any written law;and

(d) any accredited private laboratories, to belaboratories which may, among otherthings, be used for analytical andreference for purposes of this Act.

163.(1) An order designating laboratories forpurposes of analysis may also designateAnalysts or Reference Analysts fromamongst the persons affiliated or workingwithin the designated laboratories.

(2) An order designating any laboratories forpurposes of this Act shall state specificenvironmental functions of the laboratories,local limits or subject matter that thelaboratory shall serve and the personsappointed as analysts in respect of thatlaboratory.

164.(1) A laboratory that has been designated as ananalytical or Reference Laboratory under thisAct shall issue a Certificate of Analysis ofany substance submitted to it pursuant to thisAct.

(2) A certificate of Analysis shall state themethods of analysis followed and shall besigned by the analyst or reference analyst, asthe case may be.

(3) When made in accordance with this section,a certificate issued by the Analyst orReference Analyst shall be sufficient evidenceof the facts stated in the certificate for allpurposes of this Act.

(4) The results of any analysis made by thelaboratory shall be open for inspection byall interested parties upon payment of aprescribed fee.

165. The Council shall, by notice published in theGazette, prescribe-

(a) the activities impacting on theenvironment for which records shall bekept for the purposes of this Act;

(b) contents of such records and the mannerin which they shall be kept and madeavailable; and

(c) availability at reasonable costs of recordsso kept for environmental audit,environmental monitoring and evaluation,pollution control, inspection and for anyother purposes that may be prescribed.

166.(1) Records kept in pursuance of section 159shall be submitted annually to the Council.

Designation oflaboratoriesfor analysis

and taking ofsamples

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referenceanalysts

Certificateof analysisand itseffect

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(2) The Council shall keep and maintain all suchrecords submitted to it in a manner thatmaintains the confidentiality of the records.

167. Subject to the needs of confidentiality ascircumstances may require and any fees whichmay be prescribed, any person may have accessto any records submitted to the Council underthis Act.

168. The Ministerial Advisory Board of theGovernment Chemist Laboratory Agency shallkeep the Council updated on any advice itreceives from the Industrial and ConsumerChemicals Management and Control TechnicalCommittee established under the IndustrialConsumer (Management and Control) Act2003, on all matters likely to adversely affectthe environment.

169. The Minister may, after consultation withMinisters responsible for health, industry,agriculture, science and technology, make rulesprescribing the mode of cooperation betweenCouncil, and organs established under theIndustrial and Consumer Chemicals(Management and Control) Act, 2003, inrelation to:

(a) the laboratories designated as fit to issuecertificates of analysis of substances;

(b) the Ministerial Advisory Board; and

(c) the Emergency Response Committeesestablished under section 8 of Industrialand Consumer Chemicals (Managementand Control) Act, 2003.

170.(1) The following institutions shall keep theCouncil updated on matters relating to theirrespective functions which have or may havegreat impact on the environment:

(a) the Tanzania Pesticides Research Institute;

(b) the Tanzania Atomic Energy Commission;

(c) the Tanzania Food, Drugs and CosmeticsAuthority;

(d) the Occupational Health and SafetyAuthority; and

(e) the Veterinary Council of Tanzania.

(2) Without prejudice to the provisions ofsubsection (1), matters to which the Councilshall require a report are:-

(a) premises registered for purposes ofIndustrial and Consumer Chemicals(Management and Control) Act, 2003;

(b) records of all chemicals produced,imported, exported, sold, dealt in, storedor used by each of the institutionsreferred in subsection (1);

(c) records of orders banning, restricting orotherwise eliminating the chemicalswhich are ordinarily used by each of theinstitutions referred to in subsection (1);

(d) in relation to institutions referred to insubsection (1) –

(i) distribution of inspectors andanalysts;

(ii) labelling and packaging;

(iii)disposals of wastes; and

(iv) decommissioning of plants.

171.(1) Without prejudice to the exercise of hispowers under the Mining Act, 1998, theCommissioner for Minerals through SectorEnvironment Coordinator responsible formining shall forward to the Council as publicrecords, copies of the following documentsrelating to the environment-

(a) environmental matters contained in anydevelopment agreements that arerequired to be made between theGovernment and the holder of a mineralright or an applicant for a mineral right;

Disclosureof

analyticalresults

Environ-mental

responsi-bilities of

theGovern-

mentChemist

Act No. 3of 2003

Prescri-bing mode

of coope-ration onchemical

pollutants

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keep theCouncil

informed

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(b) environmental studies and assessmentsmade by appropriate experts orconsultants which are required toaccompany applications for retentionlicences showing any impact on theenvironment and the manner theapplicant proposes to prevent, eliminateor minimise any adverse effects on theenvironment;

(c) any such terms and conditions onprotection and preservation of theenvironment which may be implied intomineral retention licences or mineraldevelopment agreements;

(d) such environmental management plans,or proposals for prevention of pollution,or plans for treatment of waste, or plansfor reclamation of land and waterresources, or plans for minimizing theadverse effects on the environmentresulting from mining operations, thatmay be prepared by applicants for specialmining licences;

(e) environmental impact assessments on anyproposed mining operationscommissioned by the applicants forspecial mining licences to the Ministerresponsible for minerals;

(f) environmental management plansappended to the special mining licences;and

(g) environmental management plans inrespect of mining operations prepared byapplicants seeking to renew specialmining licences and any such refusal torenew on account of impact on theenvironment.

(2) Director of the Environment may givegeneral or specific directive in consultationwith the Commissioner for Minerals toSector Environment Coordinatorresponsible for mining on any matterpertaining to the implementation of

provisions on environmental managementfalling under the Mining Act, 1998.

(3) The Council shall keep and maintain copiesconstituting records received under thissection as public records accessible to thepublic upon payment of a prescribed fee.

13ENVIRONMENTAL INFORMATION,EDUCATION AND RESEARCH

172.(1) Every citizen of Tanzania shall, subject tothe provisions of subsection (2) andregulations made by the Minister, havefreedom of access to publicly heldinformation relating to the implementationof this Act and to the state of theenvironment and actual and future threats tothe environment, including any emissions towater, air or land as well as the disposal andstorage of hazardous waste.

(2) A request for information made pursuant tosubsection (1) may be refused-

(a) if information to be sought wouldinvolve supply of unfinished documentsor data or internal communications, orwhere the request is manifestlyunreasonable or formulated in toogeneral manner;

(b) if the public order or national securitywould be affected by supply of theinformation sought;

(c) for the reasonable protection of trade orindustrial secrets;

(d) if the request is too vague or uncertain toenable identification of the informationsought; or

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(e) if the organ on which the request is madeis unaware of the existence of theinformation sought.

(3) In the event of a request for informationbeing refused, the body so refusing shallbe obliged to furnish written reasons forthe refusal.

(4) The Director of Environment and theDirector General shall have access toinformation relating to the implementationof this Act and to the state of theenvironment and to the actual and futurethreats to the environment including anyemissions to water, air or land as well as thedisposal and storage of hazardous wastenecessary to enable them to carry out theirrespective duties in terms of the provisionsof this Act or any other written law relatingto the protection of the environment and theutilization of natural resources.

(5) It shall be an offence to refuse to giveinformation requested by the Director ofEnvironment or the Director General for thepurposes of performance of their respectivefunctions or the exercise of their powersunder this Act.

173. The Council shall-

(a) gather information on the environmentand natural resources on the existing data;

(b) subject to any other written law, haveaccess to any data collection on theenvironment and natural resources;

(c) analyse information relating to theenvironment and natural resources;

(d) disseminate information to public andprivate users;

(e) commission studies in demographic andtrends impacting on environmental anddevelopment issues;

(f) carry out public information andeducation campaigns in the field ofenvironment.

(g) exchange information relating toenvironment with Non-GovernmentalOrganisations or any other regional andinternational organisations;

(h) co-ordinate the management ofenvironmental information with SectorMinistries;

(i) advise the Minister on existinginformation gaps and needs; or

(j) establish in consultation with SectorMinistries, guidelines and principles forthe gathering, processing anddissemination of environmentalinformation.

174. The Council shall establish and operate aCentral Environmental Information Systemwhich may bring together any findings, data andstatistics generated by both public and privateinstitutions in the course of environmentalobservation and management.

175.(1) The Director of Environment shall in everytwo years, publish a report on the state ofthe environment and environmentmanagement which shall also be tabled beforethe National Assembly.

(2) The Director of Environment may publishany other information he considers necessaryfor public education on the environment andother environmental issues.

176.(1) The Director of Environment shall, inconsultation with the relevant SectorMinistries, take appropriate measures for theintegration of environment matters inschools, colleges and institutions of higherlearning.

(2) The Director of Environment shall plan andconduct programmes aimed at raisingawareness of the people on sustainable

Powers ofthe

Council tocollect,analyse

anddisseminate

environ-mentalinfor-

mation

CentralEnviron-mentalInformationSystem

State of theEnvironmentReport

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development and environmentalmanagement.

177.(1) The Council shall conduct surveys on thestate of the environment and may researchand make forecast on environmental changesand other studies that may contribute to theformulation of policies and preparation ofaction plans and strategies with regard toenvironmental conservation andmanagement.

(2) Notwithstanding the provisions ofsubsection (1), the Minister may designateany institution as an advisory body chargedwith responsibility of enhancement oftargeted scientific research, informationgeneration in the field of environment,monitoring and assessment of effectivenessof actions taken.

14PUBLIC PARTICIPATION IN ENVIRON-MENTAL DECISION MAKING

178.(1) The public shall have the right to be timelyinformed of the intention of public authoritiesto make executive or legislative decisionsaffecting the environment and of availableopportunities to participate in such decisions.

(2) The public shall have the right to participatein decisions concerning the design ofenvironmental policies, strategies, plans andprogrammes and to participate in thepreparation of laws and regulations relatingto the environment.

(3) Information relating to decisions affectingthe environment may be made available tothe public before the date on which thedecision is to be made.

(4) Public involvement in environmentaldecision-making shall be made through-

(a) early and accessible notice of theintention to make the decision, such as,formulation of policies, plans andprogrammes relating to the environment;

(b) indication of opportunities for the publicto present oral and written comments onproposed policies, plans and programmes;and

(c) access to environmental informationsubject to this Act or any other writtenlaw.

(5) The Council and other relevant authoritiesshall establish mechanisms to collect andrespond to public comments, concerns andquestions related to the environmentincluding-

(a) public debates and hearing; and

(b) environmental information, registriesand complaints desks in all publicinstitutions.

15INTERNATIONAL AGREEMENTS

179.(1) Where, the United Republic is a party to aninternational or regional agreement concerningthe management of the environment, theMinister shall, in consultation with therelevant sector Ministry-

(a) initiate and prepare legislative proposalsfor consideration by the relevantMinistry for purposes of implementingthose agreements; and

(b) identify appropriate measures necessaryfor the implementation of those agreements.

(2) Where a Sector Ministry is involved innegotiation of an international agreement onmatters relating to protection and

Environ-mental

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management of environment, the SectorMinister concerned shall, prior to submissionfor ratification by the National Assembly,communicate to the Minister on thesubstance of the agreement with a view toassess the likely impact on the environment.

(3) The Minister shall create mechanism to workclosely with international and regionalcommunities to contribute towards peaceful,healthier and better global environment forthe present and future generation.

(4) The Director of Environment shall keep aregister of all international agreementsconcerning the management of the environmentto which the United Republic is a party.

180.(1) The Minister may, in consultation withrelevant Ministries, initiate discussion withrelevant authorities of neighbouring countrieson environmental management programmesand measures to avoid and minimize suchtransboundary environmental impacts.

(2) The Director of Environment shall, incooperation with sector Ministries orgovernment agencies, initiate and implementtransboundary environmental managementprogrammes with neighbouring countries.

181. Without prejudice to the preceding provisionsof this Part, the Director of Environment mayestablish a national office or national focal pointof implementation of international agreementson environment.

16COMPLIANCE AND ENFORCEMENT

182.(1) There shall be appointed, by the Minister,environmental inspectors among theemployees of the Council.

(2) The Minister may designate in writing anyemployee of local government authorities,

ministries or any other public institutioneither by name or office, to be anenvironmental inspector for the purpose ofthis Act.

(3) The Director of Public Prosecutions maydesignate an environmental officer to be apublic prosecutor upon recommendation ofthe Minister.

183.(1) The environmental inspector appointed ordesignated as such may, with or without awarrant, at any reasonable time and with anynecessary assistance-

(a) enter into or upon any building, vehicle,aircraft, vessel, land, waters, or otherplace, other than place actually orhabitually used as a dwelling house;

(b) stop any vehicle or vessel that hereasonably believes as

(i) being operated in contravention ofthis Act; and

(ii) discharging or has discharged acontaminant in contravention of thisAct;

(c) take samples;

(d) take photographs and videos;

(e) record or copy any information by anymethod;

(f) require the production of any document,record or other thing that is required tobe kept under this Act, and any otherdocument that is related to the purposesof the inspection and remove it for thepurpose of making copies or extracts,provided that nothing shall be removedwithout providing a receipt;

(g) inspect, seize and take copies of anydocuments which may constituteevidence of the commission of an offenceunder this Act;

Transbou-ndary

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managementprogrammes

Establish-ment ofnational

offices andfocal points

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(h) make reasonable inquiries of any person,orally or in writing;

(i) seize any vessel, vehicle, aircraft orequipment that the inspector hasreasonable grounds to believe has beenused in the commission of an offenceunder this Act; and

(j) order removal of any waste or othersubstance or thing deposited ordischarged in contravention of this Act.

(2) An environmental inspector acting undersubsection (1) shall, upon demand of anyoccupant, show the inspector’s identification cardand shall explain the purpose of inspection.

(3) Any person who is asked by anenvironmental inspector taking action undersubsection (1) to do any thing that is necessaryin order to enable the environmentalinspector to carry out that action, shallimmediately comply with the request.

184. Any person who-

(a) fails to submit a project brief contrary tothe provisions of section 86 (1);

(b) fails to prepare an Environmental ImpactAssessment report as required under anyprovision of this Act; or

(c) fraudulently makes a false statement onan environmental impact assessmentreport submitted under this Act,

commits an offence and is liable onconviction to a fine of not less than fivehundred thousand shillings but not exceedingten million shillings or to imprisonmentfor a term of not less than two years butnot exceeding seven years or to both.


(a) fails to keep records of the activities,products, by-products, and wastesrequired to be kept by this Act; or

(b) fraudulently alters any records requiredby this Act,

commits an offence and is liable onconviction to a fine of not less than fivehundred thousand shillings but notexceeding ten million shillings or toimprisonment for a term of not less thantwo years but not exceeding seven yearsor to both.


(a) contravenes any environmental standardsor guidelines for which no other penaltyis specifically provided for; or

(b) contravenes a measure prescribed underthis Act for which no other penalty isspecifically provided,

commits an offence and is liable onconviction to a fine of not less than twomillion shillings but not exceeding tenmillion shillings or to imprisonment fora term of not less than two years but notexceeding seven years or to both.

187.(1) Any person who-

(a) discharges any dangerous materials,substances, oil, oil mixtures into land,water, air, or aquatic environmentcontrary to the provisions of this Act;

(b) pollutes the environment contrary to theprovisions of this Act; or

(c) discharges any pollutant into theenvironment contrary to the provisionsof this Act,

commits an offence and is liable onconviction to a fine of not less than threemillion shillings but not exceeding fiftymillion shillings or to imprisonment fora term not exceeding twelve years, or toboth.

Offencesrelating to

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(2) In addition to any sentence that the courtmay impose upon a person convictedpursuant to the provisions of subsection (1),the court may direct that person to-

(a) pay the full cost of cleaning up thepolluted environment and of removingthe pollution; or

(b) clean up the polluted environment andremove the effects of pollution to thesatisfaction of the Council.

(3) Without prejudice to the provisions ofsubsections (1) and (2), the court may directthe polluter to meet the cost of injury oreffect of the pollution to any third partiesthrough adequate compensation, restorationor restitution.

188. A person who-

(a) trades;

(b) possesses; or

(c) disturbs the habitat,

of a component of biological diversity incontravention of guidelines and measuresprescribed under sections 66, 67 and 68or other provisions of this Act, commits,an offence and shall be liable onconviction to a fine not exceeding tenmillion shillings or to imprisonment fora term not exceeding five years or to both.


(a) fails, neglects or refuses to comply withan environmental restoration order madeunder this Act;

(b) fails, neglects or refuses to comply withan environmental easement, issued underthis Act; and

(c) fails, neglects or refuses to comply withan environmental conservation ordermade under this Act,

commits an offence and shall onconviction be liable to a fine notexceeding ten million shillings or toimprisonment for a term not exceedingfive years, or to both.

190.(1) Every person commits an offence who,without reasonable excuse or lawfuljustification-

(a) deposits any litter in or on any publicplace; or

(b) deposits any litter in or on any privateland without the consent of its occupier;or

(c) deposits any litter in or on any privateland in the ownership or possession of aperson who does not reside in Tanzania,whether or not that person consents to it;

(d) deposits any inorganic litter in or on anyland other than land designated orapproved for the disposal of waste,

(e) having deposited any litter (whetherinadvertently or otherwise) in or on anypublic place, or in or on any private landwithout the consent of its occupier, leavesthe litter there after having beenrequested by an environment inspectorto remove it; or

(f) refuses or fails to comply with theprovisions of section 121, or

(g) refuses or fails to comply with arequirement made under section 122, or

(h) refuses or fails to comply with a noticeissued under section 122 or refuses or failsto comply with a decision of thepermitting authority under that section,

and on conviction shall be liable, in thecase of an individual, to a fine notexceeding one million shillings and in thecase of a body corporate, to a fine notexceeding five million shillings.

Offencesrelating tobiologicaldiversity

Offencesrelating to

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(2) Where any person is convicted of an offenceagainst this section, the court shall in additionto imposing a penalty, order the offender,under the supervision and to the satisfactionof a person nominated by the court, to clearup and remove the deposited litter withinsuch period and to such place as may bespecified in the order, and on the making ofany such order, the court shall further orderthat if the offender fails to comply with theorder he is liable in addition to any otherpenalty imposed, to a fine not exceeding fivehundred thousand shillings.

(3) Where the court convicts a person of anoffence against this section, the court may, ifit thinks fit, in addition to imposing ofpenalty, order the offender to pay by way ofcompensation to the public authority havingthe control or management of the publicplace or as the case may be, the occupier ofthe private land where the offence wascommitted, such sum as it considersreasonable to cover the cost of the removalof the litter, and the amount so awarded shallbe deemed to be a judgment debt due to theauthority or occupier from the offender, andmay be enforced in any manner in which ajudgment or order of the court for thepayment of a civil debt may be enforced.

191. Any person, who commits an offence againstany provision of this Act for which no otherpenalty is specifically provided for shall, onconviction be liable to a fine of not less thanfifty thousand shillings but not exceeding fiftymillion shillings or to imprisonment for a termof not less than three months but not exceedingseven years or to both.

192.(1) A conviction for an offence committed underthis Act, shall not exonerate any person orbody corporate from any civil proceedingwhich may be instituted under this Act.

(2) No person shall be deemed to havecommitted an offence by virtue of subsection(1) if that person proves that the offence wascommitted without his knowledge or

connivance and that he exercised all due careand diligence to prevent the commission ofthe offence having regard to all thecircumstances.

193.(1) The court, before which a person is chargedwith an offence against this Act or anyregulations made under this Act, may directthat, in addition to any other order-

(a) upon the conviction of the accused; or

(b) if it is satisfied that an offence wascommitted notwithstanding that noperson has been convicted of the offence,

order that the substances, equipment andappliances used in the commission of theoffence be forfeited to the Governmentand, be or disposed of in the manner asthe court may determine.

(2) In making an order under subsection (1), thecourt may also order that the cost ofdisposing of the substances, equipment andappliances referred to in subsection (1), beborne by the accused.

(3) The court may further order that any licence,permit or other authorization given underthis Act and to which the offence relates becancelled.

(4) In addition to any fine imposed upon by thecourt, the court may order the accusedperson to do community work, whichpromotes the protection of the environment.

(5) Without prejudice to the generality of thissection, the court may also issue anenvironmental restoration order against theaccused in accordance with this Act,regulations, guidelines or standards madeunder this Act.

194.(1) The Director General, or an environmentalinspector may, subject to and in accordancewith the provisions of this Act, ifcircumstances show that a person, corporateor unincorporated, has committed an offence

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against this Act in respect to which he hasshowed willingness to pay a fine, compoundsuch offence by accepting from such persona sum of money together with an instrument,article, vehicle or any other thing, if any, inrespect of which the offence has beencommitted.

(2) Subject to the provisions of this Actauthorizing any measure that may be takenin addition to a fine that may otherwise betaken pursuant to an order of the tribunal orcourt, no further criminal or, as the case maybe, civil proceedings shall be taken against aperson in respect of whom powers tocompound offence has been exercised.

195.(1) Where the Council has reasonable groundsto believe that, a person is or will beconducting an activity, or is or will be inpossession or control of a substance or thingthat may result in an adverse effect on theenvironment or public health it may serve aprevention order on that person.

(2) A prevention order may require the personagainst whom it is made-

(a) to create a written emergency responseplan that is adequate to reduce oreliminate the risk;

(b) to provide a copy of that plan to theCouncil;

(c) to have any necessary equipment,facilities and trained personnel availableto deal with the risk;

(d) upon an identified event or set ofcircumstances occurring, to implementthe plan; and

(e) to take whatever other measures whichmay be necessary to ensure that anyemergency can be effectively respondedto.

(3) Any person on whom a prevention order isserved shall comply with the requirements

of the order by the date or dates specified inthe order and if no date is specified, thatperson shall comply with the orderimmediately.

(4) A person who contravenes sub-section (3),commits an offence and shall, on conviction,be liable to a fine of not more than onemillion shillings or to imprisonment for aterm not exceeding one year and where thatperson fails to comply with a requirementspecified in the prevention order within thetime specified, that person shall be liable toa further fine not exceeding one hundredthousand shillings for every day or part of aday after the date specified in the orderduring which the offence continued.

(5) Any person on whom a prevention order hasbeen served may apply to the Minister for areview in accordance with procedure that theMinister may prescribe.

196.(1) Where the Council has reasonable groundsto believe that an activity is resulting in or islikely to result in an adverse effect to theenvironment or public health, it may serve aprotection order on –

(a) the owner, manager or person in controlof the premises, vehicle, vessel, aircraftor equipment where the activity isoccurring or will occur;

(b) any person who caused or permitted theactivity.

(2) A protection order may require the personon whom it is served to take any measuresthat will assist in avoiding, remedying ormitigating the adverse effects and, withoutlimitation to the generality of subsection (1),to take any measure to-

(a) stop the activity that is resulting in or islikely to result in, an adverse effect;

(b) control the activity;

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(c) assess the actual or anticipated extent ofthe adverse effect;

(d) remedy an adverse effect caused by theactivity; or

(e) to prevent a recurrence of the activity orthe adverse effect.

(3) Any person on whom a protection order isserved, shall comply with the requirementsof the order by the date or dates specified inthe order and if no date is specified, thatperson shall comply with the orderimmediately.

(4) A person who contravenes subsection (3),commits an offence and shall, on conviction,be liable to a fine of not exceeding one millionshillings or to imprisonment to a term notexceeding one year and where the personfailed to comply with a requirement specifiedin the protection order within the timespecified, to a further fine not exceeding onehundred thousand shillings for every day orpart of a day after the date specified in theorder during which the offence continued.

(5) Any person on whom a protection order hasbeen served may apply to the Minister for areview in accordance with the procedure thatthe Minister may prescribe.

197.(1) Any Environmental Inspector who observesthe discharge of a contaminant into theenvironment in an amount, concentration ormanner that constitutes a risk to humanhealth or property or that causes or has thepotential to cause adverse effects on theenvironment may serve an emergencyprotection order on-

(a) the owner, manager or person in controlof the premises, vehicle, vessel, aircraftor equipment from which the dischargewas or is being made;

(b) any person who, at the time when thedischarge occurred, was the owner,

manager of person in control of thepremises, vehicle, vessel, aircraft orequipment from which the discharge wasmade; or

(c) any person who caused or permitted thedischarge.

(2) An emergency protection order may requirethe person on whom it is served to take anymeasures that will assist in reducing oreliminating the risk or harm and withoutlimitation to generality of the foregoing, totake any measures-

(a) to stop the discharge;

(b) to control the discharge;

(c) to clean up or remove the contaminantor other substance from any place; or

(d) to prevent a recurrence of the discharge.

(3) Any person on whom an emergencyprotection order is served shall comply withthe requirements of the order by the date ordates specified in the order and if no date isspecified that person shall comply with theorder immediately.

(4) A person who contravenes subsection (3),commits an offence and shall, on conviction,be liable to a fine not exceeding ten millionshillings or to imprisonment to a term notexceeding one year and if the person failedto comply with a requirement specified inthe order within the time specified, thatperson shall be liable to a further fine notexceeding one hundred thousand shilling forevery day or part of a day after the datespecified in the order during which theoffence continued.

(5) Any person on whom an emergencyprotection order has been served may applyto the Minister for a review in accordancewith procedure that the Minister mayprescribe.

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198.(1) Where the Council has reason to believe thatany condition of a licence issued in relationto the conduct of any activity has beenbreached, the Council may serve acompliance order on the licence holderrequiring that person to remedy the breachwithin a reasonable period stipulated in theorder failure of which the Council mayrequire the competent authority issuing suchlicence to cancel such licence.

(2) The compliance order may-

(a) temporarily suspend the licence withimmediate effect or otherwise as theCouncil may consider to be that this isnecessary to prevent or mitigate animminent risk of significant adverseeffects to the environment or to humanhealth occurring; and

(b) require the licence holder to take specifiedmeasures to prevent or abate any adverseeffect.

(3) Where the licensee fails to comply with thecompliance order, the Council may-

(a) take the necessary steps to remedy thebreach and recover the cost from thelicence holder;

(b) ask the relevant authority to alter theconditions of the licence; or

(c) cause revocation of the licence.

(4) Any person on whom a compliance order isserved shall comply with the requirementsof the order by the date or dates specified inthe order and if no date is specified, theperson shall comply with the orderimmediately.

(5) A person who contravenes sub-section (4),commits an offence and shall, on conviction,be liable to a fine not exceeding ten millionshillings or to imprisonment to a term notexceeding one year and if the person failed

to comply with a requirement specified inthe order within the time specified, thatperson shall be liable to a further fine notexceeding one hundred thousand shilling forevery day or part of a day after the datespecified in the order during which theoffence continued.

(6) Any person on whom a compliance orderhas been served may apply to the Ministerfor a review in accordance with procedurethat the Minister may prescribe.

199.(1) Where any person fails to comply with anyrequirement in an order under this part, theCouncil may cause the required measures tobe taken and may issue a cost order requiringthat person to reimburse the Council for thecost of taking the measures.

(2) Any person to whom a cost order has beenissued may, within thirty days of the orderbeing served, apply to the Minister for areview of the order in accordance withprocedure that the Minister may prescribe.

(3) Where no application for the review of a costorder is made within the period specified insub-section (2), the order for cost may beenforced as if it were an order of court.

200. It shall be an offence for any person who-

(a) hinders or obstructs an environmentalinspector in the execution of his dutiesunder this Act;

(b) fails to comply with a lawful order orrequirements made by anyenvironmental inspector in accordancewith this Act;

(c) refuses an environmental inspector entryupon any land or into any premiseswhich he is empowered to enter by thisAct;

(d) impersonates an environmentalinspector;

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(e) refuses an environmental inspector accessto records kept in accordance with this Act;

(f) fails to state or wrongly states his nameor address to an environmental inspectorin the course of his duties under this Act; or

(g) misleads or gives wrong information to anenvironmental inspector under this Act,

commits an offence and is liable onconviction, to a fine not exceeding fivemillion shillings or to imprisonment fora term not exceeding seven years or toboth such fine and imprisonment.

201.(1) Where a body corporate commits an offenceunder this Act, every director or partner andany other person concerned in themanagement of that body corporate, commitsthe offence unless that person proves that-

(a) the offence was committed without hisconsent or connivance; and

(b) the person exercised all such diligence toprevent the commission of the offence asought to have been exercised by that personhaving regard to the nature of his functionsin that capacity and to all the circumstances.

(2) Every director or partner and any otherperson concerned in the management of, abody corporate to which a licence or orderhas been issued under this Act shall take allreasonable steps to prevent that bodycorporate from contravening or failing tocomply with the licence or order.

(3) A person who contravenes the provisions ofsubsection (2), commits an offence and shall,on conviction be liable to a fine not exceedingfive million shillings or to imprisonment toa term not exceeding one year or to both.

202. An individual or legal persons may bring actionand seek appropriate relief in respect of anybreach, violation or threatened breach orviolation of any provision of this Act or of anyuse of article, substance or natural resources-

(a) in that individual’s or legal persons owninterest;

(b) in the interest or on behalf of a personwho is, for practical reasons, unable tobring such action;

(c) in the interest of or on behalf of a groupor class of person whose interests areaffected;

(d) in the public interest; and

(e) in the interest of the environment orother habitats.

203.(1) Except as otherwise specified in this Act, itshall be a defence for a person charged toprove that he took all reasonable precautionsand exercised all such diligence to preventthe commission of the offence as ought tohave been exercised by that person havingregard to all surrounding circumstances.

(2) It shall not be a defence to a charge underthis Act that the defendant was renderedunable to comply with any order or performany act or function or an act or omission ofanother person that would have likewiseconstituted a contravention of this Act.

17ENVIRONMENTAL APPEALSTRIBUNAL

204.(1) There shall be established the EnvironmentalAppeals Tribunal which shall consist of-

(a) a Chairman who shall be appointed bythe President from amongst the personsqualified to be appointed a Judge;

(b) an advocate of the High Court ofTanzania recommended by theTanganyika Law Society;

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(c) one member with high academicqualifications and experience inenvironmental law; and

(d) two other members who havedemonstrated exemplary professionalcompetence in the field of environmentalmanagement.

(2) The members referred to in paragraphs (b),(c) and (d) shall be appointed by the Minister.

(3) The Chairman and other members shall holdoffice for a term of three years and shall beeligible for reappointment for further oneterm.

(4) The appointment of members of theTribunal shall be made at different times sothat the respective expiry dates of their termsof office shall fall at different times.

(5) The Chairman of the Tribunal may inviteany persons with special skills or knowledgeon environmental issues which are thesubject matter of any proceedings or inquirybefore the Tribunal to act as amicus curiaewhere it appears to the Tribunal that suchspecial skills or knowledge are required forproper determination of that matter.

205. The sources of funds for the Tribunal shallconsist of-

(a) such amount of money as may beappropriated by Parliament; and

(b) such sum of money as may be chargedon the Fund for the purpose ofenforcement of sustainable managementof the environment.

206.(1) The Tribunal shall exercise an appellatejurisdiction under this Act in respect ofmatters referred before it pursuant to theprovisions of subsection (2).

(2) Any person who is aggrieved by-

(a) the decision or omission by the Minister;

(b) the imposition of or failure to impose anycondition, limitation or restriction issuedunder this Act or the regulations madeunder this Act; and

(c) the decision of the Minister to approveor disapprove an environmental impactstatement,

may within thirty days after theoccurrence of the event against which heis dissatisfied, appeal to the Tribunal insuch manner as may be prescribed by theTribunal.

(3) Upon hearing of the appeal, the Tribunalmay-

(a) confirm, vary or set aside the order,notice, direction or decision complainedabout; or

(b) make such other order as to costs as itmay deem fit.

(4) Where an appeal has been preferred theTribunal may issue any order which it maydeem necessary in the circumstances of thesubject of appeal.

(5) Notwithstanding the provisions ofsubsection (2), the Council may, where itappears to it that a matter involvinginterpretation of this Act and which is notcontentious or not likely to be subject offurther litigation, refer the matter to theTribunal for direction.

207.(1) The Chairman and two members of theTribunal shall constitute a quorum.

(2) The Chairman shall preside over themeetings of the Tribunal, on his absence, byany member elected by members present atthat meeting.

(3) A member of the Tribunal who has interestin any matter which is the subject of theproceedings before the Tribunal shall nottake part in those proceedings.

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(4) The Tribunal shall regulate its ownprocedure and shall not be bound by rules ofprocedure or evidence as set out in theCriminal Procedure Act, 1985; CivilProcedure Code Act, 1966 and the Law ofEvidence Act, 1967.

(5) Any person who is a party to proceedingsbefore the Tribunal may appear in person orby an advocate or by a legal representative.

(6) The Tribunal may, for purposes ofproceedings before it-

(a) make such orders intended to secure theattendance of any person at any placewhere the Tribunal is sitting,

(b) make such orders for discovery orproduction of any document concerninga matter before it or the investigation ofany contravention of this Act as it deemsnecessary or expedient;

(c) take evidence on oath and may, for thatpurpose, administer oaths; and

(d) summon, on its own motion or uponrequest, any person as a witness.

(7) Any person who:

(a) fails to enter appearance before theTribunal after having been required to doso;

(b) refuses to take oath before the Tribunalor refuses to produce any article ordocument when lawfully required to doso;

(c) knowingly gives false evidence orinformation which he knows to bemisleading before the Tribunal; and

(d) at any sitting of the Tribunal, interruptsthe proceedings or commits anycontempt of the Tribunal, commits anoffence under this Act.

208.(1) The Tribunal shall, after hearing the appealor any matter referred to it by the Council:

(a) inquire into the matter and made anaward in form of a directive, order orrecommendation;

(b) notify concerned parties of the award;and

(c) specify the period within which theaward is to be complied with.

(2) The award of the Tribunal shall be bindingand may be enforced as if it were a decree ofthe court.

209.(1) Any party who is aggrieved with the decisionor any order of the Tribunal on a point oflaw, may appeal to the High Court withinthirty days of such decision or order.

(2) Every appeal to the High Court shall beheard and determined by a panel of threeJudges.

(3) The decision of the High Court on any appealunder this section shall be final.

210.(1) The Chairman or other members or officersof the Tribunal shall not be liable forprosecution or sued in any court for an actdone or omitted to be done in good faith inthe discharge of their duty as members orofficers of the Tribunal, whether or notwithin the limits of their jurisdiction.

(2) No officer of the Tribunal or other personbound to execute the lawful warrants, ordersor other process of the Tribunal shall beliable for prosecution or be sued in any courtfor the execution of a warrant, order orprocess which he would have been bound toexecute within the limit of the jurisdictionof the Tribunal.

211. There shall be paid to the Chairman andmembers of the Tribunal such remunerationand allowances as the Minister shall determine.

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212.(1) The Chief Justice shall designate any judicialofficer to be the Registrar of the Tribunal.

(2) The Registrar shall have and perform suchfunctions as are conferred upon him withinthe jurisdictional functions of the Tribunalas may be directed by the Chairman.

18NATIONAL ENVIRONMENTALTRUST FUND

213.(1) There is established a Fund to be known asthe National Environmental Trust Fund intowhich shall be paid, all moneys received bythe Fund.

(2) The sources of money payable into the Fundshall consist of-

(a) such sums of money as may beappropriated by Parliament;

(b) such sums of money as may be payableto the Fund by way of donation, gifts,grants, or bequests by the Government,other agencies, individual persons oranother government or internationalorganisations;

(c) all other sums or property which may inany manner become payable to or vestedin the Fund in respect of any matterincidental to its powers and duties;

(d) any income generated by any projectfinanced by the Fund, due allowancebeing made for any necessary expenseswhich may be met by any such project;and

(e) a levy of the amount to be determinedby the Minister in the regulations fromevery prescribed fee payable under thisAct.

(3) There may be charged on and paid out ofthe Fund all such sums of money as may beexpended for management of environmentand administrative functions of the Fund.

214.(1) The objectives of the Trust Fund shall be-

(a) to facilitate research intended to furtherthe requirement of environmentalmanagement;

(b) to foster capacity building;

(c) to confer environmental awards;

(d) to issue environmental publications;

(e) to provide scholarships;

(f) to promote and assist, through grants,community based environmentalmanagement programmes; and

(g) to pay for the costs of the meetings ofthe National Environmental AdvisoryCommittee and of the Board of Trustees.

(2) The Board of Trustees may, on recommendationof the National Environmental AdvisoryCommittee, determine that certain donationsof the Trust Fund be applied specifically forprizes and awards for exemplary services tothe environment and to be applied by therecipient exclusively to the management ofthe environment.

215.(1) The Fund shall vest in the Board of Trusteesand be administered as such.

(2) The Board of Trustees shall be appointed bythe Minister and shall consist of persons whopossess the qualities prescribed in the FourthSchedule to this Act.

(3) The Director of Environment shall be theaccounting officer of the Fund and shall,subject to any specific direction of the Boardof Trustees, manage the Fund in accordancewith sound and prudent public financialpractice.

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216.(1) The Board of Trustees shall cause to be keptand maintained proper books of accounts andrecords with respect to-

(a) the receipt and expenditure of moneys andother financial transactions of the Fund;

(b) the assets and liabilities of the Fund,

and shall cause to be made out, for everyfinancial year, a balance sheet and astatement showing details of the incomeand expenditure of the Fund and all itsassets and liabilities.

(2) Not later than six months after the close ofevery financial year, the accounts includingthe balance sheet of the Fund relating to thatfinancial year shall be audited by the Controllerand Auditor General in accordance with theprovisions of the Public Finance Act, 2001.

(3) As soon as the accounts of the Fund have beenaudited, and in any case not later than sixmonths after such audit, the Board of Trusteesshall submit to the Minister a copy of theaudited statement of accounts, together witha copy of the report made by the auditors.

(4) As soon as practicable, after receipt of thecopy of the statement together with the copyof the report submitted pursuant to subsection(3), the Minister shall lay a copy of thestatement together with a copy of the auditors’report before the National Assembly.

19FINANCIAL PROVISIONS

217. The funds of the Council shall consist of-

(a) such amount as may be appropriated byParliament;

(b) such sum as may be received by the Councilby way of donation, gift, grant, loan or bequest;

(c) any fees that may be charged and payableby the Council;

(d) any income generated by any projectfinanced by the Council, due allowancebeing made for any necessary expenseswhich may be met by any such project;and

(e) any other lawful source of income.

218.(1) The Council shall open and maintain anaccount or accounts with commercial banks.

(2) All income and property as well as allrevenues of the Council acquired inaccordance with section 217 shall be appliedexclusively to the fulfillment of the object ofthe Council.

219.(1) The Board may, with approval of theMinister of Finance, obtain loans or creditfacilities from any institution for thepurposes of the Council upon such terms andconditions relating to repayment of theprincipal and the payment of interests.

(2) The Board, if it is of the opinion that, thepublic interest requires and, subject toapproval of the Minister, secure the paymentof money by mortgage, charge or lien of itsundertaking or property, both present orfuture, or any part of it, and by issuance ofdebenture, stock, bills, bonds and othermeans as the Board may deem fit or guaranteethe repayment of interest on a loan made toany person engaged in the management ofenvironment in Tanzania.

220. The Board may invest any part of the moneysavailable in any account of the Council whichis not for the time being required for thepurposes of the functions of the Council.

221.(1) Not less than two months before thebeginning of every financial year the Boardshall, at a meeting, pass a detailed budget inthis Act called the “Annual Budget” of theamounts respectively-

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(a) expected to be received; and

(b) expected to be disbursed, by the Councilduring that financial year and, whenevercircumstances so require, the Board maypass a supplementary budget in anyfinancial year.

(2) Where in any financial year the Councilrequires to make any disbursement notprovided for, or of an amount in excess ofthe amount provided for in the annual budgetfor any year, the Board shall, at a meeting,pass a supplementary budget detailing suchdisbursement.

222.(1) The Board shall cause to be provided and keptin accordance with international accountingstandards on an accruals basis, proper booksof accounts and records with respect to-

(a) the receipt and expenditure of moneys by,and other financial transactions of theCouncil; and

(b) the assets and liabilities of the Council,and shall cause to be made out for everyfinancial year a balance sheet showing thedetails of the income and expenditure ofthe Council and its assets and liabilities.

(2) Within six months of the close of everyfinancial year the accounts including thebalance sheet of the Council shall be auditedby the Controller and Auditor General inaccordance with the provisions of the PublicFinance Act, 2001.

(3) Every audited balance sheet shall be placedbefore a meeting of the Board and, if adoptedby the Board, be endorsed with a certificatethat it has been so adopted.

(4) As soon as the accounts of the Council havebeen audited, and in any case not later thansix months after the close of the financialyear, the Board shall submit to the Ministera copy of the audited statement of accountstogether with a copy of the report on thatstatement made by the auditors.

223.(1) The Council shall cause to be prepared andsubmitted to the Minister within six monthsafter the close of each financial year an annualreport detailing generally activities andoperations of the Council during that year.

(2) The report shall be accompanied by:

(a) a copy of the audited accounts of theCouncil together with the auditor’sreport on the accounts;

(b) a statement on implementation of alldirections given by the Minister to theCouncil during a year in question; andsuch other information as the Ministermay direct.

(3) The Council shall also submit to the Ministersuch other reports on its financial affairs asthe Minister may by writing request.

(4) The Minister shall, as soon as the report issubmitted to him, lay before the Nationalassembly the audited accounts of the Counciltogether with the auditor’s report, if any, onthe accounts and the annual report of theCouncil.

20GENERAL AND TRANSITIONALPROVISIONS

224. Unless specifically provided otherwise, theprovisions of this Act, regulations and ordersmade under it shall bind the Government.

225. In addition to the system of criminalenforcement provided for under this Act or anyother written laws, the recourse to civilenforcement shall continue to give individualswho are injured by a violation of this Act a rightto obtain compensation from the violatorthrough private civil suits.

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226. In order to enforce environmental standards andduties, the range of remedies available to aperson injured or threatened to be injured shallinclude-

(a) temporary or permanent injunctions;

(b) specific performance orders;

(c) fines and penalties;

(d) compensation;

(e) restoration orders, conservation orders,easement orders, and

(f) compliance orders;

(g) imprisonment; and

(h) any other remedy as the Tribunal or courtmay determine or any administrativemeasure as may be prescribed by theMinister.

227.(1) The Minister shall prescribe in theRegulations, activities or processes whichthreaten the environment of whichenvironmental performance bond may berequired.

(2) An environmental performance bond shallbe deposited with the Director ofEnvironment as security for goodenvironmental practice until its refund to thedepositor.

(3) The environmental performance bond shallbe returned to the operator of activity orprocess upon the satisfaction of theconditions set by the Minister.

(4) The Director of Environment shall give theoperator of an activity or process anopportunity to be heard before confiscatingthe environmental performance bond.

(5) An environmental performance bond shallbe confiscated in whole or in part when theDirector of Environment finds an operator’s

practices violate the provisions of this Act,including the conditions of any certificate,licence or permit issued under this Act.

(6) Where an environmental performance bondis confiscated under sub section (5), shall beused to rehabilitate a degraded environment.

228.(1) For the avoidance of doubt, the Minister shallmake regulations prescribing the right tocompensation for those who suffer damageswhile protecting the environment.

(2) Any person who violates environmentalprotection standards causing any damageshall compensate for the damages and costsof remedying the consequences.

229.(1) The Minister shall prepare guidelines for themanagement of environmental emergences(sic) including-

(a) major oil spills and gas leakages;

(b) spills of other hazardous substances;

(c) industrial accidents;

(d) natural and climate change relateddisaster such as floods, cyclones, droughtsand major pest infestations or otherintrusions of alien species of fauna andflora;

(e) influx of refugees, and

(f) fire.

(2) With a view to prepare an emergencypreparedness plan appropriate to the riskanticipated in any establishment, premises orany area of land, the Minister shall makeconsultation with the Disaster ManagementDepartment, Government and privateinstitutions, relevant organization as well asindividual persons.

230.(1) The Minister may make regulations for thepurpose of giving effect to the provisions ofthis Act.

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(2) Without prejudice to the generality ofsubsection (1), regulations made undersubsection (1) may-

(a) provide for the issue, amendment andrevocation of any licence issued underthis Act;

(b) prescribe fees and levies to be chargedunder this Act;

(c) provide for the protection of anyparticular species of fauna and flora;

(d) provide for the control or restriction ofaccess to genetic resources of Tanzaniaand provide for fees payable in respect ofaccessing;

(e) provide procedure for import and exportof germ plasm;

(f) provide for the control of themanufacture, importation, exportation,collection, transportation, treatment,storage, recycling, recovery or disposal ofsubstances which may be hazardous tothe environment and public health;

(g) provide for the disposal of wastegenerally;

(h) provide for environmental impactassessment and specify sizes of projectsand activities specified in the Schedule tothe Act;

(i) provide for the control of ozone depletingsubstances;

(j) right to compensation for those whosuffer damages while protecting theenvironment;

(k) prescribe procedure and the manner forpreparation, adoption and implementationof environmental action plan;

(l) provide for sustainable management ofprotected wetlands;

(m)provide for the protection and forintegrated management of coastal zone;

(n) provide for in-situ and ex-situ biodiversityconservation;

(o) provide for biosafety procedure andmeasures;

(p) provide for management of persistentorganic pollutants;

(q) provide for conducting of environmentalaudit;

(r) provide for the carrying out of a strategicenvironment assessment; and

(s) prescribe anything required or permittedto be prescribed under this Act.

231.(1) The National Environment ManagementAct, 1983 is hereby repealed.

(2) Notwithstanding the repeal of the NationalEnvironment Management Act, 1983,appointments, orders, notices, or anythinggiven or made under the repealed Act shallbe deemed to have been made under this Actand shall remain in force and effect until suchappointments, orders, notices or anythinggiven or made is cancelled, revoked,rescinded or otherwise withdrawn by aninstrument or order made under or inpursuance to the provisions of this Act.

(3) Without prejudice to the provisions ofsubsections (1) and (2), appointment of theDirector General, members of the Board ofthe National Environmental ManagementCouncil shall stand made and allemployments or contracts of service madewith respect to the performance of thefunctions or the exercise of the powersconferred on the Council before thecommencement of this Act, shall be treatedas if they were made, performed or exercisedpursuant to the provisions of this Act.

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(4) Nothing in this section shall operate so as toprevent an employee or appointee fromresigning or being terminated.

232. Where the provision of this Act is in conflictor is otherwise inconsistent with a provision ofany other written law relating to environmentalmanagement, the provisions of this Act shallprevail to the extent of such inconsistency.

233. The Minister shall, as soon as may be practicableafter the enactment of this Act, cause this Actto be translated into Kiswahili and thattranslation shall be published in the Gazettecirculated to the general public and in any othermanner and forms as will enable the citizens ofTanzania to gain access to that translation.

Inconsistencywith otherlegislation

Act to betranslated

intoKiswahili


362

________

SCHEDULES________

FIRST SCHEDULE________

(Made under section 11 (3))________

COMPOSITION, MEETING ANDPROCEDURE OF THE NATIONALENVIRONMENTAL ADVISORYCOMMITTEE

1. The National Environmental AdvisoryCommittee shall consist of-

(a) the Permanent Secretary of the Ministryresponsible for environment who shall bethe Chairman;

(b) the Director of Environment who shallbe the Secretary;

(c) the Commissioner for Minerals;

(d) the Director of Forestry;

(e) the Director of Wildlife;

(f) the Director of Water Resources;

(g) the Director of Crop Production;

(h) the Commissioner for Energy;

(i) the Director of Human Settlements;

(j) the Director of Roads;

(k) the Director of Local Government;

(l) the Director of Industries;

(m)the Director of Veterinary Services;

(n) the Director of Disaster Management;

(o) the Commissioner for Lands;

(p) the Director of Fisheries;

(q) the Director of Animal Production;

(r) a representative of the Attorney General;

(s) a representative from the Ministryresponsible for community development;

(t) the Director General of NEMC;

(u) the Director of Preventive Services fromthe Ministry of Health;

(v) Chief Government Chemist;

(w) a representative from the higher learninginstitutions;

(x) a representative from civil societiesorganisations; and

(y) a representative of private sectorinstitutions.

2. At its first meeting members of the Committeeshall elect amongst their number a ViceChairman.

3. Members of the Committee, other than thoseappointed by virtue of their offices, shall holdoffice for three years and, unless theirmembership is otherwise terminated due tomisconduct or non attendance without excusethree successive meetings of the Committee, shallbe eligible to reappointment for one furtherterm.

4. (1) The National Environmental AdvisoryCommittee shall meet at times and places asthe Chairman may, after consultation withthe Secretary, determine.

(2) An ordinary meeting of the Committee shallbe convened by the Chairman and the noticespecifying the place, date, and time of, andagenda for, the meeting shall be sent to eachmember at his usual place of business or

Composi-tion ofNEAC

Vice-Chairman

Tenure ofoffice

Meetingsand powerto convenemeetings


363

residence not less than fourteen days beforethe date of the meeting.

(3) The Chairman, or in his absence, a memberelected to act as chairman, shall convene aspecial meeting of the Committee in writingsigned by not less than three members of theCommittee and, where such special meetingin (sic) convened, the agenda for such meetingshall be circulated to each member at hisusual place of business or residence at leastnot less than three days before the date ofthe meeting.

(4) A meeting of the committee shall be presidedover by the Chairman or in his absence, by amember elected by those members presentat that meeting.

5. Without prejudice to paragraph 1, the Chairmanof the National Environmental AdvisoryCommittee may invite any person who is likelyto render assistance in the deliberations of theCommittee.

6. The quorum at any meeting of the Committeeshall be half of the members.

7. (1) The Committee may establish such sub-Committees as it sees fit to enable it todischarge its functions.

(2) The Committee and any Sub-Committeesestablished by the Committee shall have thepower to co-opt any person to theCommittee or sub-Committee eithergenerally or for a specific item of businessand such co-opted person shall have all therights and duties of a member of theCommittee or sub-Committee except thatsuch co-opted person shall not have any rightto vote on any matter before the committeeor sub-committee.

8. A member who has any interest, direct orindirect in any matter coming before theCommittee or sub-Committee shall, as soon asis reasonably practicable, disclose the nature ofthat interest to the Chairman or Vice-chairmanand shall not, thereafter take part in any decision

on that matter nor, except with the consent of amajority of the members present at that meeting,take part in any deliberations of that meeting.

9. Subject to the provisions of this Schedule,the Committee shall regulate its ownproceedings.

10. The Committee shall prepare an annual reportsetting out its current activities and indicatingits future activities.

________

SECOND SCHEDULE________


PROCEDURE FOR THE CONDUCTOF BUSINESS BY THE BOARD

1. The Members shall elect one of their number tobe the Vice-Chairman of the Council and shall,subject to his continuing to be a member holdoffice for a term of one year from the date ofelection, and shall be eligible for re-election.

2. (1) A member shall, unless his appointment issooner terminated by the President or as thecase may be, by the Minister or he ceases inany other way to be a member, hold officefor the period specified by the President inthe case of the Chairman or by the Minister,in the case of any other member, in theinstrument of his appointment or if no periodis so specified, for a period of three years fromthe date of his appointment and shall beeligible for re-appointment.

(2) Any member appointed under paragraph1(a), or (c) may at any time resign from hisoffice by giving notice in writing to thePresident or, as the case may be, to theMinister, and from the date specified in thenotice or, if no date is so specified, from the

Invited persons

Quorum Sub-committee

Conflict ofinterest

Committeeto regulateitsproceedingsReports ofactivities ofCommittee

Vice-Chairman

Tenureofappoint-ment


364

date of the receipt of the notice by thePresident or the Minister, he shall cease tobe a member.

(3) If a member of the Council who is a memberby virtue of his holding some other office isunable for any reason to attend any meetinghe may nominate in writing another personfrom his Ministry or organisation to attendthat meeting in his place.

3. The appointment of a member of the Board maybe terminated by the appointing authority wherethe member -

(a) is adjudged bankrupt or enters into acomposition or scheme of arrangementwith his creditors;

(b) is convicted of an offence and sentencedto imprisonment for a term of six monthswithout option of fine;

(c) is incapacitated by prolonged physical ormental illness from performing his dutiesas a member of the Board; or

(d) becomes, for any reason, incapable orincompetent of properly performing thefunctions of the office of a member.

4. Where a member dies or resigns or otherwisevacates office before the expiry of the term ofoffice, the appointing authority shall appointanother person in place of such a member whoshall hold office for remainder of the term ofoffice of his predecessor.

5. (1) The Chairman shall preside at all meetingsof the Council.

(2) Where at any meeting of the Council, theChairman is absent the Vice-Chairman shallpreside.

(3) In the absence of both the Chairman and theVice-Chairman at any meeting of theCouncil, the members present shall, from

amongst their number elect a temporaryChairman who shall preside at the meeting.

(4) The Chairman or a person presiding at themeeting of the Council, shall in the event ofan equality of votes have a casting vote inaddition to his deliberative vote.

6. (1) Subject to sub-paragraph (2), the Councilshall ordinarily meet three times during everyyear for the transaction of its business.

(2) The Council may hold an extra-ordinarymeeting if requested in writing by half of themembers or at any other time whereexigency so require.

(3) The Chairman or, in his absence from theUnited Republic, the Vice-Chairman may,and upon application in writing by at leastfive members convene a special meeting ofthe Council at any time.

(4) The Secretary of the Council shall give toeach member adequate notice of the time andplace of each meeting.

(5) The Council may invite any person who isnot a member to participate in thedeliberation of any meeting of the Council,but any person so invited shall not be entitledto vote.

7. At any meeting of the Council not less than onehalf of the members in office for the time beingshall constitute a quorum.

8. (1) Subject to the provisions relating to a castingvote, all questions relating to a casting vote,all question at a meeting of the Council shallbe determined by majority of the votes ofthe members present.

(2) Notwithstanding the provisions of sub-paragraph (1), a decision may be made by theCouncil without meeting by circulation ofthe relevant papers among the members, andthe expression in writing of the views of themajority of the members.

Terminationand

cessation ofmembership

Alternatemembers

Presidingof

meeting

Meeting andprocedureof theCouncil

Quorum

Decision oftheCouncil


365

9. (1) The Council shall cause to be recorded andkept minutes of all business conducted ortransacted at its meeting and the minutes ofeach meeting of the Council shall be read andconfirmed or amended and confirmed, at thenext meeting of the Council and signed bythe person presiding at the meeting.

(2) Any minutes purporting to be signed by theperson presiding at a meeting of the Councilshall, in the absence of proof or error, bedeemed to be a correct record of the meeting,whose minutes they purport to be.

10. The validity of any act or proceeding of theCouncil shall not be affected by any vacancyamong its members or by any defect in theappointment of any of them.

11. All orders, directions, notices or otherdocuments issued or on behalf of the Councilshall be signed by-

(a) the Chairman; or

(b) the Secretary or any officer or officers ofthe Council authorised in writing in thatbehalf by the Secretary.

12. The Seal of the Council shall not be affixed toany instrument except in the presence of the Chairmanor the Secretary or some other officer of theCouncil and at least one member of the Council.

13. Subject to the provisions of this Schedule, theCouncil may regulate its own proceedings.

________

THIRD SCHEDULE________


TYPE OF PROJECTS WHICHREQUIRE EIA

1. General-

(a) any activity out of character with itssurrounding;

(b) any structure of a scale not in keepingwith its surrounding; and

(c) major changes in land use.

2. Urban Development.

3. Transportation.

4. Dams, rivers and water resources.

5. Aerial spraying.

6. Mining, including quarrying and open-castextraction.

7. Forestry related activities.

8. Agriculture including animal production.

9. Processing and manufacturing industries.

10. Electrical infrastructure.

11. Management of hydrocarbons including thestorage of natural gas and combustible orexplosive fuels.

12. Waste disposal.

13. Natural conservation areas.

14. Nuclear Reactors.

15. Major development in biotechnology includingthe introduction and testing of geneticallymodified organisms.

16. Any other activity as may be prescribed in theregulations.

Recordsand

minutes

Vacancies,etc, not toinvalidate

proceedings

Ordersdirections

Seal of theCouncil

Councilmay regulate

itsproceedings


366

________

FOURTH SCHEDULE________

(Made under section 215)________

COMPOSITION AND PROCEEDINGSOF THE BOARD OF TRUSTEES OFTHE FUND

1. (1) Members of the Board of Trustee shall, subjectto the provisions of sub-paragraph (2), consistof members whose number shall not be lessthan seven and not more than nine being –

(a) a Chairman who shall be a person ofproven quality and integrity who hasachieved high office or distinction inTanzania on public administration whoshall be appointed by President;

(b) a senior representative of the Ministryresponsible for finance;

(c) a senior representative of the Ministryresponsible for environment,

(d) a member from institutions concernedwith training in environmental management;

(e) a registered accountant;

(f) a legally qualified person from the Officeof the Attorney-General;

(g) a member from Non-GovernmentalOrganizations concerned with theenvironmental management.

(h) a representative of the Ministry responsiblefor local government authorities; and

(i) a representative of environmentalmanagement research institutions.

(2) Not less than three of the members shall be women.

2. The Trustees shall elect from amongst theirnumber a Vice-Chairman who shall hold office

for two years but shall be, subject to remaininga Trustee eligible to be re-elected for one furtherterm of two years.

3. The Trustees shall hold office for three years andexcept where their membership is terminated formisconduct or other sufficient reason, shall beeligible to be re-appointed for one further term.

4. An officer responsible for financial matters ofthe Fund shall attend the meeting of the Trusteesas an ex-official member when matters connectedwith the management of the Fund are discussed.

5. (1) Subject to the provisions of sub-paragraph(2), an ordinary meeting of the Trustees shallbe convened by the Chairman and the noticespecifying the date, time, agenda and placefor the meeting together with the necessarypapers for the meeting shall be sent to eachTrustee at his usual place of business orresidence not less than fourteen days beforethe date of the meeting.

(2) The Chairman, or in his absence the Vice-Chairman or the Acting Chairman shall bebound to convene a special meeting of the Trusteeupon receipt of a request in writing in thatbehalf signed by not less than three Trustees.

6. The quorum at any meeting of the Trustees shallbe half of members in office

7. A Trustee who has an interest, direct or indirectin any matter coming before the Board ofTrustee shall, as soon as is reasonably practicable,disclose the nature of that interest to theChairman, or Vice-Chairman or the ActingChairman and shall not, thereafter, take part inany deliberations or decision on that matter.

8. Subject to the provisions of this Schedule, theTrustees may regulate their own proceedings.

Passed in the National Assemblyon the 11th November, 2004.

……………………………………………….

Clerk of the National Assembly

Compositionof Board of

Trustees

Tenure ofoffice

Attendanceby Ex-Officials

Conveningmeetings

Quorum

Conflict ofInterest

Board toregulate itsproceedings

Vice-Chairman


367

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