Ema Act2004 - Copy - Copy

8/13/2019 Ema Act2004 - Copy - Copy

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THE ENVIRONMENTAL MA NAGEMENT ACT, 2004ARRANGEMENT OF SECTIONS

PART IPRELIMINARY PROVISIONS

Section Title

1 . Short title2 . Comm encement and application3 . Interpretation

PART IIGENERAL PRINCIPLES

4 . Right to clean, safe and healthy environmentRight to bring an action on environment5 .

6 . Duty to protect the environment7 . Principles of environmental managem ent

Obligation to give effect to environmental principles

Promotion of the National Environm ental PolicyEnvironment day

8 .

9 .1 0 .

PART IIADMINISTRATION AND INSTITUTIONAL ARRAN GEMENT

(a) National Environmental Advisory Committee

1 1 . Establishment and compo sition of mem bers of the CommitteeFunctions of the National Environmental Advisory Comm ittee1 2 .

(b) Minister Responsible for Environment

Powers of the M inister1 3 .

( c ) D i r e c to r o f E nv i r o nmen t

1 4 . Director of EnvironmentFunctions of the Director of Environm ent1 5 .


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Environmental Management

(d) National Environment Management Council

1 6 . CouncilObject for establishment of the CouncilFunctions of the Council

1 7 .1 8 .1 9 . Board of the Council2 0 . Conduct of business and affairs of the Council

Appointment of the D irector GeneralStaff and employees of the Council

2 1 .2 2 .2 3 . General powers of the Council2 4 . Powers of the Co uncil in respect of other agencies2 5 . Powers of the Council to ensure compliance2 6 . Performance o f the function of the Council by other bodies2 7 . Common seal of the Council.2 8 . Indemnity of the B oard, mem ber, etc., from p ersonal liability.

Conflict of interest2 9 .

(e) Sector Ministries

3 0 . Establishment of sector environment sectionFunctions of sector environmen t section3 1 .

3 2 . Submission of sector Ministries' reports3 3 . Appointmen t or designation of a sector environmental coordinator

(f) Reg iona l S ec re ta rial

3 4 . Regional coordination on environmental managementAppointmen t or designation of a regional environment experts3 5 .

(g) Local Government A uthorities

3 6 . Functions of the local governm ent environmental managem ent officersStanding Com mittees of the local government authoritiesStanding Com mittees in townships, wards, villages and KitongojiDesignation of the Townsh ip, Kitongoji, Ward, M taa and Village

3 7 .3 8 .3 9 .

Environmental Management Officer4 0 . Functions of the Township, Kitongoji, Ward, Mtaa and Village

Environmental Management Officer4 1 . General pow ers of the C ity, Municipal, District, Township, K itongoji,

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Ward, Mtaa and Village Environmental Management Com mittees

PART IVENVIRONMENTAL PLANNING

Local governm ent authorities environmental action plans

Environmental plans at sector level4 2 .4 3 .4 4 . Environmental planning at national level4 5 . Regulations on preparation, adoption and implementation of action

plans4 6 . Public participation in preparation of N ational Environment Action

Plan

PART VENVIRONMENTAL MANAGEMENT

(a) Environmental Protected Areas

4 7 . Declaration of Environmental Protected AreasEnvironmental protection plan and eco system managem ent plan forEnvironmental Protected Area

4 8 .

(b) Environmental Managem ent Plan for National Protected Areas

4 9 . Environmental Management Plans for National Protected Areas(c) Conservation and Protection

5 0 . Land utilization managem ent5 1 . Environmentally sensitive areas5 2 . Identification of env ironmentally sensitive areas5 3 . Environmental conditions to v illage lands5 4 . Declaration of protected river, riverbank, lake or lakeshores

Protection and m anagement of rivers, river banks and shores5 5 .5 6 . Declaration of protected wetlands5 7 . Prohibition of human activities in certain areas

Protection of mountains, hills and landscapesPromotion of coastal environmental zoneEnvironmental obligations under w ater lawsMinister may advise on the discharge of sewerage

5 8 .

5 9 .

6 0 .6 1 .

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En vironm ental M an agem ent

62. Consultation on discharge6 3 .

Managem ent of forest resources64. Promotion of con servation of energy and planting of trees

65. Promotion of conservation of fisheries and wildlife resources

etc.66. Conservation of biological diversity67. Conservation of biological diversity in-situ68. Conservation of biological diversity ex-situ69. Regulation of the development, handling, and use of Genetically

Modified Organisms and their productsManagem ent of rangelands70 .

7 1 . Environmental land use planning directivesObligation to use land sustainably

Protection of natural and cultural heritageProtection of the atmosphere

7 2 .

7 3 .7 4 .7 5 . Measures on climate change7 6 . Managemen t of working environment and dangerous materials and

processesPowers of the Minister to make regulations on persistent organic7 7 .

po llu tants

7 8 . Prior informed consent procedures for certain hazardous chem icalsand pesticides

79 . Promo tion of cleaner production and sustainable consum ption ofgoods and services.

(d) Economic Instruments

80 . Economic incentives and instruments for the protection of theenvironment

PART VIENVIRONMENTAL IMPACT ASSESSMENT AND

OTHER ASSESSMENTS

Obligation to undertake Environment Impact A ssessmentEnvironmental Impact Assessment regulations and guidelines

8 1 .8 2 .8 3 . Environmental Impact Assessment to be cond ucted by experts

Issuance of certificate not a defence in legal proceedings8 4 .8 5 . Determination of the scope of Environmental Impact Statement

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86. Environmental Impact Statement87. Review of Environmental Impact Statement88. Inspection visit for purpose of Environmental Impact A ssessment

reviewPublic participation in Environmental Imp act Assessment89.Public hearing and information disclosure90.

Recomm endations on Environmental Impact Statement by the CouncilApproval or disapproval of Environmental Impact Statement by the

91.92 .

MinisterCancellation of licence upon disapproval of Environmental impac t93.AssessmentDelegation of powers to approve Environmental Impact Assessment

Appeal against decision of the Minister on Environme ntal Impact

9 4 .

95 . AssessmentMaintenance of records of decisions on Environmental ImpactAssessment

96 .

Requirement of fresh Environme ntal Impact Assessment study after97.issuance of Environmental Impact Assessment CertificateOffence for failure to com ply with directions of the Council in relation98 .to Environmental Impact Assessment

99. Environmental m onitoring100. Monitoring compliance with Environmen tal Impact Statement101. Environmental audit and duty to m itigate impact on the environment102. Undertaking of safe d ecomm issioning and site rehabilitation103. Other assessments

PART VIISTRATEGIC ENVIRONMENTAL ASSESSMENT

104. Strategic environmental assessme nt of B ills, Regulations, Policies,Strategies programmes and plans

105. Strategic environmental assessment for m ineral, petroleum, hydro -

electric power and major water projects

PART VIIIPOLLUTION PREVENTION AND CONTROL

106. General prohibition of pollution107. Powers of the Minister to make regulation to prevent and control

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po llu tio n108. Integrated pollution prevention and c ontrol109. Prohibition of water pollution110.Prohibition to discharge hazardous substances, chemicals and

materials or oil etc.111. Duty to keep abreast with technological changes112. Duty to d isclose information to prevent p ollution113. Prohibition notices on p rescribed processor activity

PART IX

WASTE MANAGEMENT

(a) Management of Solid Waste

114. Duty of local government to manage and minimize sold waste115. Disposal of solid waste from markets, business areas and institutions116. Storage of solid waste from industries117. Solid waste collection in urban and rural areas118. Waste transfer stations119. Final disposal of solid waste

(b) Manag ement of Litter

120. Interpretation with regard to m anagement of litter12 1. Control of litter in public places122. Occupiers of private land to clear litter

(c) Mana gement of Liquid Waste

123. On site disposal of liquid waste124. Transportation and disposal of liquid waste125. Treatment of liquid waste126. Liquid waste disposal127. Control and monitoring of sewerage system128. Industrial liquid waste129. Storm w ater management

(d) Management of Gaseous Waste

130. Gaseous wastes from dwelling houses

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Environm ental M anagem ent

131. Control of industrial gaseous waste132. Gaseous and particulate wastes from vehicles

(e) Ma nagement of Hazardous Waste

133. Importation of hazardous waste134. Duty of local governm ent authority in relation to hazardous waste135. Movement of hazardous waste136. Environmental Impact Assessment for hazardous waste137. Final disposal of health care wastes138. Disposal of other wastes

139. General power of local government authorities to minimize w aste

PART XENVIRONMENTAL QUALITY STANDARDS

140. Formulation and approv al of environmental quality standards14 1. Compliance with environm ental standards and criteria142. Enforcement of environmental quality standards143. Water quality standards144. Standards for discharge of e ffluent into water145. Air quality standards146. Standards for the control of noxious smells

147. Standards for the control of noise and vibration pollution148. Standards for sub-sonic vibrations149. Standards for m inimization of radiation150. Soil quality standards

PART XIENVIRONMENTAL RESTORATION, EASEMENTS

AND CONSERVATION ORDERS

(a) Restoration orders

151. Environmental restoration orders152. Contents of environmental restoration order153. Service of environmental restoration order154 . Advice before issuing environment restoration order

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155. Duration of env ironmental restoration order

(b) Easements Orders

156. Environmental casements and conservation Orders157. Application for environmental easements158. Enforcement of environmental easement159. Registration of easements160. Compensation for environmental easements

(c) Conservation Orders

161. Imposition of environmental conservation order

PART XIIANALYSIS AND RECORDS

162. Designation of laboratories for analysis and taking of sam ples163. Designation of analyst and reference analysts164. Certificate of analysis and its effect165. Record keeping of matters impacting on the environment166. Annual submission of records167. Disclosure of analytical results

168. Environmental responsibilities of Government Chemist169. Prescribing cooperation on chemical pollutants

170. Requirement to keep the council informed171. Environmental records on m ining activities

PART XIIIENVIRONMENTAL INFORMATION, EDUCATION AND RESEARCH

172. Freedom of access to environmental information173. Powers of the council to collect analyse and disseminate

environmental information174. Central Environmental Information System

175. State of the Environment Report176. Environmental education and awareness177. Environmental research

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PART XIVPUBLIC PARTICIPATION IN ENVIRONMENTA L

DECISION MAKING

178. Public participation in environm ental decision making

PART XVINTERNATIONAL AGREEMENTS

179. International Agreements on En vironments

180. Transboundary environmental management programmes181. Establishment of national offices and focal points

PART XVICOMPLIANCE AND ENFORCEMENT

182. Appointment and designation of environm ental inspectors183. Powers of environmen tal inspectors184. Offences relating to environmental impact assessment185. Offence relating to records186. Offence relating to environmen tal standards187. Offences relating to pollution

188. Offences relating to biological diversity189. Offences relating to restoration environmental orders, easements and

conservation orders.190. Offences relating to litter191. General penalty192. Civil liability193. Forfeiture, cancellation, comm unity Service and other orders194. Compounding of Offences195. Prevention order to protect the environment196. Protection order ag ainst activities adverse on the environm ent197. Emergency protection order198. Environmental compliance order199. Cost orders200. Offences in relation to environm ental inspectors

201. Liability of managers of bodies corporate

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202. Right of individual and legal person to sue

203. Defences

PART XVIIENVIRONMENTAL APPEALS TRIBUNAL

204. Establishment and Composition of the Tribunal205. Sources of funds for the Tribunal206. Jurisdiction of the Tribunal207. Proceedings of Tribunal208. Awards of the Tribunal209. Appeals to the High Court210. Immunity of mem bers of the Tribunal

211. Renumeration of Members of Tribunal212. Appointm ent of the Registrar

PART XVIIINATIO NAL ENVIR ONMENTAL TR UST FU ND

213. Establishment of the National Environmental Trust Fund214. Objects of the Fund215. Comp osition and adm inistration of the Fund216. Annual accounts and audit of the F und

PART XIX

FINANCIAL PROVISIONS

217. Sources of funds of the Coun cil218. Bank account and appropriation of funds219. Power to raise and guarantee loans220. Investments by the Council221. Annual and supplementary budget222. Accounts and audit223. Annual Report

PART XXGENERAL AND TRANSITIONAL PROVISIONS

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Environm en tal Mana gem ent

224. Act to bind the Government121. Saving over recourse to civil litigation226. Range of remed ies to the injured221. Environmental performance bond22 8. Right to compensation

229. Environmental emergency preparedness230. Regulations231. R epeals and savings232. Inconsistency with other legislation233. Act to be translated into Kiswahili

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Enviro nmen ta l M an agem en t

SCHEDULES

FIRST SCHEDULE

COMPOSITION, MEETING AND PROCEDURE OF MEMBERS OFNATIONAL ENVIRONMENTAL ADVISORY COMMITTEE

SECOND SCHEDULE

PROCEDURE FOR THE CONDUCT OF BUSINESS BY THE FUND

THIRD SCHEDULE

PROJECTS WHICH REQUIRE EIA

FOURTH SCHEDULE

COMPOSITION AND PROCEEDINGS OF THE BOARD OF

TRUSTEES OF THE FUND

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NOTICE

The following Bill to be subm itted to the National Assembly is published forgeneral information to the public together with a stateme nt of its objects andreasons

MATERN Y.C. LUMBANGAChief Secretary

Dar es Salaam,14 thJuly, 200 4

A BILLfor

An Act to provide for legal and institutional framework for sustainablemanagem ent of environment; to outline principles for managem ent,impact and risk assessments, prevention and control of pollution,waste management, environmental quality standards, publicparticipation, compliance and enforcement; to provide basis forimplementation of international instruments on environment; topro vid e fo r im ple m enta tion of th e N ational Environm ent Policy; torepeal the National Environment Management Act, 1983 and providefor continued existence of the National Environment ManagementCouncil; to provide for establishment of the National EnvironmentalFund and to provide for other related m atters

ENACTED by the Parliament of the United Republic of Tanzania

PART IPRELIMINARY PROVISIONS

This Act may be cited as the EnvironmentalShort title 1 .Managem ent Act, 2004.

2.-(1) This Act shall come into operation on such date as theMinister may, by no tice published in the Gazette, appoint.

Commence-

ment and

application

(2) This Act shall apply to Mainland Tanzania.

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Env iron mental Man ag em ent

Interpre- 3. In this Act, unless the context requires otherw ise -tation

' 'Act'' means the Environmental Managem ent Act, 2004;"analysis" means the testing or exam ination of any matter, substance

or process for the purpose of determining its compo sition orqualities or its effect (whether physical, chemical orbio lo gical ) on any a se gm ent of th e env ironm ent orexamination of emissions or recording of noise or sub-sonicvibrations to determine the level or other characteristics ofthe noise or sub-sonic vibration or its effect on any segm entsof the environment;

' 'analyst" means an analyst appointed or de signated under section

163;' 'beneficial use'' means a u se of the environment o r any element o rsegment of the environment that is conducive to publichealth, welfare or safety and which requires protection fromthe effects of wastes, discharges, emissions and d eposits;

''biological diversity" means the v ariability amo ng living organism sfrom a ll sources including, terrestrial ecosystems, aquaticecosystems and the ecological comp lexes of which they arepa rt; this in clud es dive rs ity within sp ec ies, am on g sp ec iesand of ecosystems;

''biological resources'' include genetic resources, organisms or partsthereof, populations, or any other biotic component orecosystems with actual or potential use or value for

humanity;''Board'' means the Boa rd of Directors of the National Environment

Management C ouncil referred to und er section 19(l);''biosafety'' means avoidance of risk to the protection of the

environment and to human health, as a result of the use forresearch and comm erce of genetically modified organisms;

' 'burdened land" mean s any land upon wh ich an environmentaleasement has been imposed;

' 'Chem ical'' means a chemical substance in any form whether byitself or in a m ixture or preparations, whether manufacturedor derived from nature and for the purpose of this Actincludes industrial chemicals, pesticides, fertilizers and

drugs;

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En vironm ental M anagem ent

"Council'' means the National Environment M anagement councilreferred to under section 16;

' 'decision-making processes" m eans institutionalized processes orprocedures in itiated by publ ic or pr ivate institu tio ns with theintention of making decisions with potential to have socio-economic and environmental consequences;

''developer" means person w ho is developing a project which issubject to an environmental impact assessmentprocessunder this Act;

''Director of Environment'' means a Director of Environmentappointed pursuant to section 14(2);

' 'Director General ' ' means the Director General of the N ationalEnvironment Management Council;

"ecosystem" means a dynamic com plex of plant, animal, micro-

organism com munities and their non-living environmentinteracting as a functional un it;

' 'effluent'' means ga seous w aste, water or liquid or other fluid of

dome stic, agricultural, trade or industrial origin treated oruntreated and discharged directly or indirectly into theenvironment;

''element'' in relation to the environm ent means a ny of the principalconstituent parts of the environment including water,atmosphere, soil, vegetation, climate, sound, odour,aesthetics, fish and wildlife;

' 'environment" includes the phy sical factors of the surroundings of

human beings, including air, land, water, climate, sound,

light, odour, taste, micro-organism, the biological factors ofanimals and plants, cultural resources and the socialeconomic; factor of aesthetics and includes both the naturaland the built environment and the way they interact;

' 'environmental audit'' means the systematic docum ented, periodicand objective evaluation of how well environmen talorganization, managem ent and equipment ore performing inconserving or p reserving the environment;.

"environmental easement'' means an easement created in pursuance

of section 156;

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En vironm en tal M anagem en t

' 'environmental education" includes the process of recognizing

values and clarifying concepts in order to develop skills and

attitudes necessary to understand and appreciate the inter-relationship among human beings, their culture and

biop hy sica l sur roun ding s;"environmental impact assessment" means a systema tic examination

conducted to determine whether or not a programme,activity or project will have any adv erse impacts on theenvironment;

"Environmental Inspector'' means an inspector appointed under ordesignated pursuant to section 182;

"environmen tal managem ent'' includes the protection, conservation

and sustainable use of various elements or components ofthe environment;

"environmental monitoring'' means the continuous or periodic

determination of actual and potential effects of any activityor phenomen on on the environment whether short-term orlong-term;

' 'environmental planning'' means planning that takes into acc ount

environmental exigencies;' 'environme ntal resources'' includes the resources of the air, land,

flora, fauna and water together with their aestheticalqualities;

' 'environmental restoration order'' means an o rder issued undersection 151;

''environmentally friendly'' includes any ph enomen on or a ctivity that

does not cause harm or degradation to the environment;''environmen tal health'' means and comp rises of aspects of human

health and disease that are determined b y factors in theenvironment;

''ex-situconservation'' means the conservation of components ofbiolog ical dive rsity ou tside their na tura l h ab ita ts;

''Fund'' means the National Environmen tal Trust Fund established

by s ec tion 213(l);''gaseous wastes'' means g aseous emissions referred to under section

132 (l) and includes other emissions which may beprescribed;

"genetic material'' means any m aterial of plant, animal, microbial or

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other organ con taining functional units of heredity;' 'Genetically Modified Organism (GM O) m eans any biological

entity capable of replication or transfer of geneticinformation, and includes plant, animals, bacteria and all,other kinds, of micro-organisms, cell cultures, viruses'.

plasmids an d othe r k inds of vectors, crea ted an d prop ag ated ;by mea ns of cel l or ge ne tech no logy ; in which th e ge ne ticmaterial has been altered in a way that does not occur,naturally;

"genetic resources'' means genetic m aterial of actual or potentialvalue;

' 'good environmental practice'' means practice that is in accordance

with the provisions of this Act or any other relevant law;' 'hazardous substance'' means any chemical, waste, gas, medicine,

drug, plant, animal or micro organism which is likely to beinjurious to human health, life or the environment;

''hazardous waste'' means any solid, liquid, gaseous or sludge wastewhich by reason of its chem ical reactivity, environmental orhuman hazardousness, its infectiousness, toxicity,explosiveness and corrosiveness is harmful to hum an health,life or environment;

''Industrial waste'' means waste emanating from processingindustries or non-processing industries that is the source ofenergy, water, treatment plants or communication andincludes any other solid waster referred to under Part. IX;

''in-situ conservation'' means conse rvation of biological diversity

within the natural ecosystem and habitat of the biologicalorganism;''Minister'' means the Minister responsible for matters relating to the

environment;''noise'' means any pollution caused by sound that is intrinsically

objectionable or that may cause adverse effect in humanhealth, life or the environment and includes sound that may

be prescr ibed by the Nationa l E nv iro nm en tal S tand ardsCommittee;

"ozone layer" means the layer of the atmosph eric zone above theplan etary bo un da ry as de fined in the Vienn a Con vent ion forthe Protection of the Ozone Layer, 1985;

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En vironm en ta l M anagem en t

"participation means" opportunity and ability, to influence the

outcome of a decision-making process;

"Persistent Organic pollutants (POPs)" has the m eaning ascribed toAct No. 3of 2003 them under the Industrial and Consumer ChemicalsManagement and Control) Act, 2003.

"polluter-pays principle" means a m echanism w hereby the cost ofcleaning up any element of the environment damaged by

pollution, compensating victims of pollution andben eficial use s tog as a re su lt of an ac t, of pollution andother costs that are connected with or incidental to theforegoing, is to be paid or borne by the person convicted of

po llu tio n un de r this Act or an y othe r a pp lic ab le law;

"pollution'' means any direct or indirect alteration of the physical,thermal, chem ical, biological, or radio-active properties ofany part of the environment by discharging, emitting, ordepositing of wastes so as to adversely affect any beneficialuse, to cause a condition which is hazardous to publichealth, safety or welfare, or to an imals, birds, wildlife, fishor aquatic life, or to plants or to cause contravention of anycondition, limitation, or restriction wh ich is the subject to alicence under this Act,

"premises" include measuages, buildings, lands, and hereditamentsin every tenure and machinery, plant or vehicle used inconnection with any trade carried on at any premises;

"Prior Information Chem icals" m eans hazardous chem icals andpesticides that requires control in international trade aspro vid ed by the Rotter dam co nvention an d in cludes an y

other chemicals or pesticides which have been designated assuch under any other international agreement to which theUnited Repub lic is a party;

"project" includes any project, programme or po licy that leads toprojec ts which nay ha ve , an im pact on the en vironm en t;

"proponent" means a person proposing or executing a project,prog ra mme or an un de rtak ing sp ec if ied in the ThirdSchedule;

"public" means individuals, civil society organizations andinstitutions, community based organizations, public and

pr ivate institu tio ns ;

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En vironm ental M an ag em ent

Act No. 7 "radiation" has the meaning ascribed to it under the Atom ic EnergyAct, 2003 and include ionising radiation and any otherof 2003

radiation likely to have adverse effects on hum an health lifeor the environment;

"risk assessment'' means the ev aluation of the direct and indirectrisks to human and animal health, the environment,

bio lo gical div er si ty and to th e soc io -eco no m ic con di tionsand ethical values of the country or its populace which m ay

be po sed by the im po rt , con ta ined use, de libe ra te release orplac ing on the marke t o f G MOs or its produc ts;

"segment ' ' in relation to the environm ent means any portion orpor tion s of the envi ronm en t e xp ressed in te rm s of vo lume,space, area, quantity, quality or time or any combinationthereof-

"sewage '' mean s a combination of excreta, urine, and sullage andliquid wastes from hom esteads, institutional, commercialand industrial processes and operations;

''soil'' includes earth, sand, rock, shales, mineral, vegetation, and theflora and fauna in the soil and derivatives thereof such asdust;

''solid waste disposal'' means the final stage in solid wastemanagement system;

' 'solid waste'' means non-liquid materials arising from domestic,street, commercial, industrial and agricultural activities; and

includes refuse or garbage, non-liquid materials arisingfrom construction and demolition activities, gardentrimmings and mining operations, dead animals andabandoned cars scraps;

''solid waste management'' means an essential service that is

provided to protect the environment and public health,pro m ote hy gie ne, re cover m ate ri als , avoid waste, re ducewaste quantities, decrease emission and residuals and

pr ev en t spread of diseases ;' 'standard'' means the limits of discharge or em issions established

under this Act or under regulations m ade pursuant to thisAct or any other written law;

''sustainable development'' means developm ent that meets the needsof the present generation without compromising the abilityof future generations to meet their needs by m aintaining the

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En v i r o nmen t a l Managemen t

carrying capacity of the supporting ecosystems;"sustainable use'' means present use of the environm ent or natural

resources which does not comp romise the ability to use thesame b y future generations or degrade the carrying capacityof supporting ecosystems;

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"trade'' means any trade, business or undertaking whether originallycarried on at fixed premises or at varying places which m ay

result in the discharge of substances and en ergy and includesany activity prescribed to be a trade, business or un dertakingfor the purposes of this Act;

to solid waste m anagement, means''transfer stations'' with respectareas of land set aside for collection of solid waste generatedfrom various sources before their final disposal;

"Tribunal" m eans the Environmental Appeals Tribunal established,under section 204;

''waste'' means any matter whether liquid, solid, gaseou s orradioactive, which is d ischarged, emitted or deposited in the

environment in such volume, composition or manner likelyto cause an alteration of the environment, and includes suchwaste as may b e prescribed under this Act; and

"water'' includes drinking water, river, stream, water-course,reservoir, well , dam, canal, channel, lake, swam p, opendrain, or under ground water.

PART IIGENERAL PRINCIPLES

Right to 4.-(1) Every person living in Tanzania shall have a right toclean, safe and healthy environment.clean, safe

and healthy

environ-ment (2) The right to clean, safe and healthy environment shall

include the right of access by any citizen to the various publicelements or segments of the environment for recreational,educational, health, spiritual, cultural and economic purposes.

5.-(1) Every person may, where a right referred to in section4 is threatened as a result of an act or omission which is likely tocause harm to human health or the environment, bring an action

Right tobring anaction onenviron-ment against the person whose act or omission is likely to cause harm to

human he alth or the environment.

(2) The action referred to in sub section (1) m ay seek to-

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( a ) prevent, stop or disco ntinue any act iv ity oromission, which is likely to cause harm to human

health or the environment;( b ) compel any public officer to take measures to

prev en t o r discon tin ue an y ac t o r o mission , w hich isl ikely to cause harm to hum an health orenvironment;require that any on-going activity or omission besubjected to an environment audit or m onitoring;require the person wh ose activity or omission islikely to cause harm to human health or theenvironm ent, to take measu res to protect the

( c )

( d )

environment or human health;( e ) compel the persons responsible for the

environmental degradation to restore the degradedenvironment as far as practicable to its conditionimmediately prior to the damage; and

prov ide com pensation for any victim of harm oromission and the co st of beneficial uses lost as aresult of an activity that has caused harm to hum an

( f ) J

health or the environment.(3) The Tribunal, court and any person exercising

ju risd ic tion und er th is Act sh al l, in re la tion to an y de cision , o rder ,exercise of any power or performance of any function, be guided bythe following principles of environment and sustainabledevelopment-

(a) the precautionary principle;(b) polluter pays principle;(c) the principle of eco-system integrity;(d) the principle of public participation in the developm ent

po lic ies, plans a nd processes for the managem ent o f theenvironment;

(e) the principal of access to justice;(f) the principle of inter-generational eq uity and intra-

generational equity;(g) the principle of international co-operation in

management of environmental resources shared by twoor more states; and

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(h) the principle of common differentiatedresponsibilities,

6. Every person living in Tanzania shall have a stake and aDuty topr ot ec t t he duty to safeguard and enhance the environment and to inform theenvironment relevant authority of any activity and phenomenon that may affect

the environmen t significantly.

7.-(1) The objective of this Act is to provide for andprom ote the en hanc em en t, protec tio n, co nserva tio n an d man ag em en tof the environment.

Principles

of

environmen-

tal

manageme-

nt

(2) In the promo tion of the objective referred to undersubsection (1), this Act provides a legal framework necessary for co-ordinating harm onious and c onflicting activities with a view tointegrating such activities into an overall sustainable environmentalmanagement system by providing key technical support to SectoralMinistries.

(3) In achieving the objective of this Act, every personexercising pow ers under this Act shall observe the principle that:

the environment is the comm on heritage of present( a )and future generations;adverse effects be prevented and minimised through

long-term integrated planning and coordination,integration and co-operation of efforts, whichconsider the entire environment as a w hole entity;the precautionary principle, which requires thatwhere there is risk of serious irreversible adverseeffects occurring, a lack of scientific certaintyshould not prevent or impair the taking of

precau tionary measures to protect the environm en t;the polluter pays principle, which requ ires that any

pe rson ca us in g ad ve rse effec t on the env iron ment

( b )

( c )

( d )

shall be required to pay in full social andenvironmen tal costs of avoiding, mitigating, and orremedying those adverse effects;

( e ) the public participation principle, which requires the

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involvement of the people in the development ofpo lic ies, plans a nd processes for the managem ent o fthe environment;access to environmental information, which enablescitizens to make informed personal choices andencourages improved performance by industry and

( f )

government;access to justice, which gives individuals, the pub licand interest groups of persons the opportunity to

pro te ct th eir rights to part ic ip ation and to contestdecisions that do no t take their interest into accou nt;

the generation of waste be m inimised, whereverprac ticab le, w aste shou ld, in orde r o f p rio rity, b e re-used, recycled, recovered and disposed of safely in amanner that avoids creating adverse effects or if thisis not practicable, is least likely to cause adv erseeffects;

(g )

(h )

( i) the environmen t and natural resources are vital topeop les liv el ihoo d, to be used su stainably in orde r toachieve poverty reduction, and social economicdevelopment;

( j ) non-renewable natural resources only be usedprud en tly , tak ing in to acco un t the co nseq ue nc es fo r

the present and the future gen erations; and(k ) renewable natural resources and ecosystems only be

used in a m anner that is sustainable and does notprejud ice their viab ili ty an d integr ity .

(4) With regard to observance of the principles stipulatedunder subse ction (1), the Minister shall be overall responsible forfostering co-ordination between the Government, local governmentauthorities and other bodies engaged in environmental managementas a cross-cutting issue and shall in that respect maintain a system ofcollaboration, consultation and co-operation w ith any person havingfunctions provided under this Act.

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Obligation 8. Any person performing a pu blic function who, in thecourse of performing that function is required to take any action,mak e a decision, create, revise, or imp lement any p olicy, plan,strategy, legislation, guideline or procedure, that is likely to affectthe management, conservation or enhancement of that environmentor the sustainable managem ent of natural and cultural resources shallhave regard to principles of environmen tal management:

to give

effect toenviron-

metal

principles

Promotion 9. All persons exercising powers under this Act or underany other written law having a bearing on the managem ent of theof the

N at io na lenvironment shall, strive to prom ote and have regard to the N ationalEnvironm-Environmental Policy.etal Policy

10.-(1) The Minister shall designate a special day to beknown as E nvironment Day w herein events and activities will be

Environ-ment day

organised to highlight the objectives of the day, purposes of the Actand to encourage willingness to pursue activities related toenvironmental conservation, protection and mana gement.

(2) The Government, the Council and all relevantinstitutions shall make efforts to carry out events which support thespirit and objective of the environment day.

PART IIIADMINISTRATION AND INSTITUTIONAL

ARRANGEMENT

(a) National Environmental Advisory Committee

Establishm- 11.-(1) There is established the National Env ironmentalAdvisory Committee which shall be an advisory body to theMinister.

ent and

composi-

tion of(2) The National Environmental Advisory Com mittee shall

be compo sed of mem bers who se experie nce shall r eflect the va rio usfields of environmental man agement in the pu blic, private sector and

membersof the

Committee

the civil society.(3) The National Environmental Advisory Com mittee shall

consist of the mem bers specified in the First Schedule to this Act.

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Functions 12. The National Environmental Advisory Committee

shall advise the Minister or any sector ministry on any matter

of the

Nationalwhich may be referred to it, and in particular, it shall -Environme-

ntal (a) examine any m atter which may be referred to it by theAdvisory Minister or any sector Ministry relating to the

protect io n an d mana ge m en t of th e en vi ro nm en t an dshall recommend to the Minister or the sectorMinistry, as the case may be, such action as isnecessary for achieving the objectives of this Act;advise the Minister on any matter in connection with

Committee

(b )

restocking and limitation of stock;(c ) advise the M inister on m atter relating to watering,

graving, depasturing and moving stock;(d )

make recomm endation to the Minister where there isdegradation of the environment;(e ) review and advise on any environmental standards,

guidelines and regulations, which are to be madepu rsuant to the p rovisions of th is Act;receive and deliberate reports from sector ministries onthe protection and m anagement of the environment

(f )

under this Act and other written laws; and(g ) pe rfo rm such othe r e nv ironmental adv isor services to

the Minister as are necessary.

(b) Minister Responsible for Environment

13.-(1) T he Minister shall be overall responsible for mattersPowersof the relating to environment and shall in that respect be responsible for

articulation of policy guidelines necessary for the promotion,Minister

protec tion and sustainable manag em ent of environmen t in Tanzania.

(2) The M inister may issue general guidelines to the SectorMinistries, Government Departments, the Council, NationalEnvironm ent Advisory Co mm ittee, City, Municipal or DistrictEnvironmental Managem ent Comm ittee, agency or any other publicor private institution necessary for the purposes of implementationof or giving effect to the provisions of this Act.

( 3 ) The Minister may designate and shall, whereappropriate, direct any of the institutions referred to under

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Env ironm enta l Man age men t

subsection (2) and within specified time, to perform any function ordo any activity or desist from performing any function or doing anyactivity as a result of which the environm ent or part of it is or maybe se riou sly en dan gered or det rimen tally af fe cted .

(4) Where the Minister has given a directive pursuant tosubsection (3) to any body of the bodies in respect to w hich thedirective was issued shall comply or give.

(c)Director o f Environment

14. There shall be the Director of Environment and suchother officers as may be necessary for proper discharge of the

Director

of Envi-ronment

functions of the office of the Director of Environment.

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

Functionsof the

Director ofEnviron-

ment

(a) coordinate various environment m anagement activitiesbeing undertak en by other agen cies and pro m ote th eintegration of environment considerations intodevelopm ent policies, plans, programm es, strategies,pro jects and under take st ra tegic environm enta l ri skassessment with a view to ensuring the propermanagem ent and rational utilization of environm entalresources on a sustainable basis for the improvem ent ofthe quality of human life in Tanzania;

(b) advise the Gov ernment on legislative and other

measures for the manage ment of the environment or theimplementation of the relevant international agreementsin the field of environment;

(c) advise the Governm ent on international environmentalagreements to which Tanzania should be a mem ber orwithdraw its membership;

(d) monitor and assess activities, being carried out byrelevant agencies in order to ensure that the environmentis not degraded by such activities, environmentalmanagem ent objectives are adhered to and adequateearly warning on impending environmental emergency

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Environmental M anagement

-

is given;

(e) prepare and issue a report on the state of theenvironment in Tanzania;(f) coordinate issues relating to articulation and

implementation of environmental management aspectsof other sector p olicies; and

(g) coordinate issues relating to articulation andimplementation of the N ational Environmental Policy.

(d) National Environment Management Council

16.-(1) There shall be a C ouncil to be know n as the N ationalEnvironment M anagement Coun cil, also to be known by acronym

The

Council

''NEMC''.

(2) The Council shall-be a bo dy co rp or ate with perpetua l su cc es sion an d(a )common seal;in its corporate name, be capable of suing and being( b )sued; andfor and in connection with the purposes of this A ct,

be ca pable of hold in g, purchas ing and oth er wiseacquiring and disposing of movab le or immovable

prop erty.

( c )

Object for 17.-(1) The object and purpose for which the Cou ncil isestablishme- established is to undertake enforcement, compliance, review andnt of theCouncil monitoring of environmental impact assessment and in that regard,

shall facilitate public participation in environmental decisionm aking, exercise general supervision and co ordination ov er allmatters relating to the environm ent assigned to the Council, underthis Act or any other w ritten law.

(2) The Cou ncil shall prepare and submit to the M inister abi -ann ua l repo rt conce rting ho w it ha s im plem en ted the pr ov isionsof this Act and fulfilled the objects and the purpose for which it wasestablished.

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Environmen tal Mana gem ent

18.-(1) The Council may, for the purposes of carrying out itsfunctions under this Act, do all such acts as may appear to it to berequisite, advantageous or convenient for or in connection with thecarrying out of those func tions or to be incidental to their properpe rf orm ance and m ay carry on any activit ie s in th at be half either

Functions

of the

Council

alone or in association with any other person or body of persons..(2) W ithout prejudice to subsection (1), the Co uncil shall, in

collaboration with relevant sector ministries:

(a) carry on environmental aud it in relation to section 101 ;

(b) carry out surveys which will assist in the propermanagement and conservation of the environment;

(c) undertake and co-ordinate research, investigation andsurveys in the field of environment and collect, anddisseminate information about the findings of suchresearch, investigation or survey;

(d) review and recommend for approval of environmentimpact statements;

(e) identify projects and programm es or types of projectsand programmes, for which environmental audit orenvironmental monitoring must be conducted under thisAct;

(f) enforce and ensure compliance of the nationalenvironmental q uality standards;

(g) initiate and evolve procedures and safeguards for thepreventio n of accidents which may cause environm entaldegradation and evolve remedial measures whereaccidents occur;

undertake in co-operation with relevant sector.(h)Ministries programmes intended to enhanceenvironmental education and public awareness about theneed for sound environmental management as w ell asfor enlisting public suppo rt and encouraging the effort

made b y other entities in that regard;

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(i) publish and disseminate manuals, codes or guidelinesrelating to environmental m anagement and preventionor abatement of environmental degradation;

(j) render advice and technical support, wh ere possible, toentities engaged in natural resources and environmentalmanagement so as to enable them to carry out theirresponsibilities; and

(k) perform such other function as the Minister may assignto it or as are incidental or conducive to the exercise byit of any or all of the functions provided under this Act.

(3) Any person who is a grieved by the decision of theCouncil tinder this section m ay appeal to the Minister.

Board of 19.-(1) T here shall be a Board of Directors of the Council.the Council

(2) The Council shall be managed by the B oard, whichshall consist of -

(a) the Chairman wh o shall be appointed by the President;(b) the Director of Environment; and(c) seven mem bers, appointed by the Minister;(3) the Director-General shall be the Secretary to the

Council.(4) N o person shall be appointed u nder subsections (1)(a)

and (c) unless such person holds at least a degree of a recognizeduniversity in the fields of environmental law, env ironmental health

science, natural resource m anagement or a relevant social scienceor, in lieu thereof, such person shall have proven experience andknowledge in the field of environment managemen t.

(5) The memb ers referred to und er paragraph (a) and (c) ofsubsection (1) shall be appo inted at different time s so that therespective expiry dates of their terms of office shall fall vacant atdifferent times.

20.-(1) The Board shall meet oftenly as may be necessaryfor the conduct of its business.

Conduct ofbusiness

and affairs

of the

Council

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En vironm ental M anagement

(2) Procedure for the conduct of business by the B oard and

termination or cessation of mem bership to the Board shall be asprov ided fo r u nd er the Secon d Schedu le to this Act .

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

Director

General

(2) The Director General shall be appointed by thePresident from amo ng persons who, in addition to holding a degreefrom a recognized university in the field of environmental law,environmental health science, e nvironmental engineering, naturalresource managem ent, or any other relevant discipline has at leastten years working experience in the relevant field.

(3) The Director-General shall be the chief executive officerof the Coun cil and shall, subject to the provisions of this Act, beresponsible for the day to day man agemen t of the affairs of theCouncil.

(4) The Director-General shall hold office for a term of fiveyears and m ay be eligible for reappointment for another term.

(5) The D irector-General shall be responsible to the B oardfor the proper administration and m anagement of the function andaffairs of the Council and shall discharge other duties as may beassigned to him by the Board.

(6) The Director-General, staff and employees of theCouncil shall be paid salaries and allowances as may be determ inedby the Gov ernm en t.

Staff and 22. The Council may appoint such officers or other staff asart necessary for the proper discharge of its functions under this A ctor any other written law and u pon such terms and conditions ofservice as the Board may determine.

employees

of the

Council

General 23. The C ouncil shall have all powers necessary for theprop er pe rformance of its func tio ns under this Act and in pa rti cu lar,bu t w ith ou t p re judice to the generality of the foregoing , the Counc il

powers of

the Council

shall have power to-(a) control, supervise and administer the assets of the

Council in such manner as may best promote the

pu rpose for w hich the Counc il i s e stab lished;

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Env ironmen tal M anagem en t

(b) determine the provisions to be m ade for capital andrecurrent expenditure and for reserves of the Council;

(c) receive any grants, gifts, donations or endowm ents andmake disbursements from grants, gifts, donations orendowments;

(d) enter into association with other bodies or organisationwithin or outside Tanzania as it may consider desirable,or appropriate and in furtherance of the purpo se forwhich the C ouncil is established;

(e) open a bank account or bank accounts for the funds ofthe Coun cil; and

(f) invest any funds of the Council which are notimmediately required for its purposes in the manner

prov ided for in section 22 0.

Powers of 24.-(1) Subject to subsection (2), the Council may, afterthe Council giving reasonable notice of its intention so to do, direct any ag encyin respect

to perform, within such time an d in such m anner as it shall specify,any of the duties imposed upon any agency by or under this Act orany other written law, in relation to enforcement and com pliance andif such agency fails to comply with the direction, the Council m ayitself perform or ca use to be performed the duties in question andthe expense incurred by it in so doing shall be a civil debt

of other

agencies

recoverable by the Council from that agency.

(2) The C ouncil shall seek and obtain written authorizationof the M inister before exercising power u nder this section.

25. The Council shall have and m ay exercise all necessaryPowers ofthe Council po wers requ ire d to br ing ab ou t c om pl ianc e with an y direct ive issued

by it and may, in that respect, take or cause to be taken suchmeasures including bring action in the court of law or the

to ensure

compliance

tribunal.

Performanc- 26. Subject to this Act, the Council may delegate to anysector Ministry, environmental managem ent body, employee oragent of the Council, the exercise of any of the powers or the

pe rfor man ce of an y of the funct ions or dut ies of the Coun ci l un derthis Act.

e of the

function of

the Council

by otherbodies

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Common 27.-(1) There shall be a comm on seal of the Council as m aybe de term ined by the Bo ard.seal of the

Council

(2) The comm on seal of the Council shall not be affixed toany instrument except in the presence of the Chairman or theSecretary on some other officer of the Cou ncil and at least onemem ber of the Board.

Indemnity 28. The matter or thing done by the Board, m ember of theBoard, em ployee or agent of the Coun cil shall, if done in good faithduring execution of the functions, powers or duties of the Council,render the Board, mem ber, employee or agent personally liable toany action, claim or demand in any way.

of the

Board,

member,

etc, frompersonal

liability,

Conflict of 29. For avoidance of conflict of interest, partiality and forthe purpose of good practice, no employee or staff of the Coun cil,or agent of the Council or any person having contractual agreementwith Council to conduct reviews of the environmental impactassessment shall carry out environmental impact studies consequentupon com pliance with the requirement of any provision of this Act.

interest

(e) Sector Ministries

Establishm- 30. There shall be established in each Ministry a sector

environmental section, which shall have such functions and duties asassigned to them under this Act including-ent ofsector

environmen-

t section

(a) responsibility for ensuring compliance by the sectorMinistry with the requirements of this Act;

(b) responsibility for ensuring all environmental m atterscontained in other written law falling under sector.ministry are implemented and report of theirimplementation to the Director of Env ironment; and

(c) liaison with the Director of Environment and the Councilon matters involving environment and all matters withrespect to which co operation or shared responsibility is

desirable or required under this Act.

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Env iron men ta l M anage men t

Functions 31.-(1) Each sector environmental section shall be requiredor sector (a) to advise on and, in collaboration with other bodies,environ-

implement the policies of the Government on theprotectio n and manag em ent of the environm ent;mentsection

(b) to coordinate the activities related to the environmen twithin the Ministry;

(c) to ensure that environmen tal concerns are integrated intothe ministry or departmental development planning andProject implementation in a way which protects theenvironment;

(d) to collaborate with other institutions or agencies,evaluate existing and proposed policies and legislationand recomm end m easures to ensure that those policiesand legislation take ad equate account of effects on theenvironment;

(e) to prepare and coordinate the implementation ofenvironmental action plans at the national and locallevels as required under this Act;

(f) to promote public awareness of environmental issuesthrough educational Programmes and the disseminationof information.

(g) to refer to the Council any matter related to theenforcement of the purposes of this A ct;

(h) to carry out such other function as are necessary tocomply w ith the purposes of this Act;

(i) to undertake analysis of environmental impact ofsectoral legislation, regulations, policies, plans,

strategies and programs through strategic environmentalassessment;(j) to ensuring that sectoral standards are environmentally

sound;(k) to overseeing the preparation and implem entation of

Environmental Impact Assessments required forinvestments in the sector;

(1) to ensure compliance with various regulations,guidelines and procedures issued by the Minister; and

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Env iron men tal Man ag em en t

(m) in conjunction with the Ministry responsible for local

government, to provide environmental advice andtechnical support to district level staff working in thesector

(2) Every sector M inistry shall carry out its functions andduties in connection with the environment as prescribed in any law

provide d that such law do es no t co nf lict with the prov isions of th isAct.

32.-(1) A sector Ministry charged with the managem ent ofany segm ent of the environment under any law shall through theSector Environmental Coordinator submit to the Director ofEnvironment-

Submission

of sector

Ministries'

reports

(a) bi-annual report concerning the state of that segm ent ofthe environment and the m easures taken by that sectorMinistry to maintain or improve the environment;

(b) a review of environmental law falling under theMinistry and the extent of their implementation; and

(c) through its environment section such other report asmay be required by the Director of Environment.

(2) Where a sector Ministry suspects or detects anycontravention of an environmental law beyond its line ofresponsibility it shall immediately, through its environmentalsection, inform the Director General and the relevant sectorMinistry.

33.-(1) There shall b e appointed or designated by eachsector Ministry a person to be known as Sector EnvironmentCoordinator.

Appoint-

ment or

designa-

tion of a(2) Sector E nvironment Coordinator shall be charged with

the following functions -sectorenviron-

ment (a) coordinating all activities and performance of thefunctions relating to the environment;

coordi-

nator

pr ev en tion an d co ntrol of an y ac tivi ty likely to cause(b )or bring about environmental degradation;

(c ) report on the implementation and enforcement ofenvironmental provisions of laws falling under the

jurisdiction of the sector; and

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prov ide a lin k b etween the sector Ministry in which heis employed with the Director of Environment and the(d )

Council,(3) The Sector E nvironment Coordinator shall be appointed

or designated from am ong officer's within each of the sector M inistryand shall be a person who possesses adequate knowledg e inenvironmental management.

(f) Regional Secretariat

34. The Regional Secretariat shall be responsible for co-ordination of all advise on environm ental managem ent in their

Regional

coordina-

tion onrespective regions and liaison with the D irector of Environment andthe Director-General on the implementation and enforcement of thisenviron-mentalAct.manage-

m ent

35.-(1) There shall be appointed or designated by theMinister responsible for regional administration a person to be

Appoint-

ment or

designa- known as the R egional Environmental Management Expert whotion of a

shall be charged with the responsibility of advising the localregionalauthorities on matters relating to the implementation andenforcement of this Act,

environ-

mental

expert

(2) The Regional Environmental Management Expert shallbe a link pe rson betwee n the region in which he is em ployed with

the Director of Environment as well as the Director-General.

(g) Local G overnment Authorities

Functions 36.-(1) There shall be designated or appointed by each City,of the local Municipal, District and Town Council an Environmentgovernment Managem ent Officer, who shall be a pub lic officer and shall -environmen-

(a) in the case of geographical jurisdiction of a city, theta lEnvironmental Managem ent officer shall be known asmanageme-

nt officers the City Environmental Management O fficer;in the case of geographical jurisdiction of aMunicipality, the Environment M anagement officer

shall be known as the Municipal EnvironmentalManagem ent Officer;

(b )

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(c ) in the case of geographical jurisdiction of a District,the Management O fficer who shall be known as theDistrict Environmental Managem ent officer; andin the case of geograp hical jurisdiction of a town, theManagem ent Officer who shall be known as the Town

(d )

Environmental Management Officer.(2) A person designated or app ointed by the C ity,

Municipal or District Environmental Management O fficer shall be aholder of a degree or diploma of a recognized institution of higherleaning and has competence in environmental management.

(3) The Environmental Management Officer shall:(a) ensure the enforcement of this Act in the respective area

to which lie belongs;(b) advise the environment m anagement com mittee towhich he belongs on all M atters relating to environment;

(c) promote environmental awareness in the area hebelon gs on th e protection of th e env iron m ent and th econservation of natural resources;

(d) gather and manage information on the environment andutilization of natural resources in the area;

(e) prepare periodic reports on state of the localenvironment;

(f) monitor the preparation, review and approval ofEnvironmental impact assessments for local

investments;(g) review by-laws on environmental management and on

sector specific activities related to the environm ent;(h) report to the Director of Environment and the D irector

General on the implem entation of the Act; and(i) perform such other functions as the local government

authority may from time to time assign him .

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37.-(1) The Standing Co mm ittee on Urban P lanning andEnvironm ent established under subsection (1) of section 42 of theLocal Governm ent (Urban Authorities) Act, 1982 as well as the

StandingCommittee-

s of the

local

government Standing Comm ittee on Economic Affairs Works and Environmentauthorities established under subsection (1) of section 74 of the LocalAct Nos. 7 Governm ent (District Authorities) Act, 1982 shall each be the City,and 8 of1982

Mu nicipal or District Environment M anagement C omm ittee inrespect of the City, Mu nicipal or District to which each of suchStanding Com mittee is established.

(2) The City, Municipal and District EnvironmentalManagement Committee shall perform such functions as are

prov id ed for u nd er su bsections (1 ) a nd (2 ) o f sect ion 55 of the Lo ca l

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 as regulations made un dereach of such laws.

(3) Without prejudice to subsection (2), the City, Municipaland District Environmental Management C ommittee shall also-

(a) perform such additional functions as are prescribed bythis Act or as may, from time to time, be assigned to anyone of such city, municipal or district by the M inister bynotice published in the Gazette; and

(b) carry out all directives given to them by the M inister inrelation to the promotion and enhancement ofsustainable managem ent of the environment.

38.-(1) Each Standing Comm ittee of Economic Affairs,Works and Environment of a township established under subsection(1) of section 96 of the Local Government (District Authorities) Act,1982, a special committee forme d pursuant to section 107 of theLocal Government (District Authorities) Act, 1982 as well as theWard D evelopment Com mittee established under subsection (1) ofsection 31 of the Local Gov ernment (District Authorities) Act, 1982

StandingCommit-

tees in

townships,

wards,

villagesand

Kitongoji

Act Nos. 7and 8 of shall, in relation to an area to which it is established-1982

(a) be responsible for the proper management of theenvironment in respect of the area in which they are

established;

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(b) perform such additional functions, as are prescribed bythis Act or as may be assigned to each or any one ofthem by the M inister or the Council-

(c) carryout all directives given to them by the M inister inrelation to the promotion and enhancement ofsustainable manageme nt of the environmen t; and

(d) performing any other function or discharging any otherduty relating to ancillary or incidental to propermanagement of the environment as provided forunder the Local Go vernment (District) Authorities Act,1982.

(2) The Village Development Com mittee of each villageshall be responsible for the proper managem ent of the environmentin respect of the area in which it is established and may perform

mutatis mutandisany o ther functions as are provided for und er

paragraphs (a), (b ), (c) and (d) of su bsection (1 ).

Designatio- 39. The District Council shall designate for eachadministrative area of a township, ward, Mtaa and village andn of the

Township, Kitongoji a public officer who-Kitongoji,

a) in the case of geographical jurisdiction of a tow nship beWard, Mtaaand Village known as the Township Environment ManagementEnvironme- Officer;ntal (b) in the case of geographical jurisdiction of a kitongoji, beManageme-

known as the Kitongoji Environment Managementnt OfficerOfficer;

(c) in the case of geographical jurisdiction of a W ard, be

known as the Ward E nvironment Management O fficer;(d) in the case of geographical jurisdiction of a M taa, beknown as the Mtaa Environment ManagementOfficer; and

(e) in the case of geog raphical jurisdiction of a V illage, beknown as the Village Environment ManagementOfficer.

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En vironm ental M anag em ent

Functions 40. The functions of the Township, Wa rd, Mtaa, Village

and Kitongoji Environment Management Officer shall be toof theTownship,Kitongoji, coordinate all functions and activities geared towards the protectionWard, Mtaa of environment within the area of the township, ward, mtaa, villageand village and kitongoji or, as the case may be, within the district to which heEnvironme- is designated.ntal

Manageme-

nt Officer

General 41. Each Environmental M anagement Co mm ittee shall, inpowers of relation to an area to which it is established, have powers to-the City, (a) initiate inquiries and investigations ab out any allegationMunicipal,

related to the environment and the im plementation orDistrict,

violation of the provisions of this Act;Township,Kitongoji, (b) require any person to provide information orWard, Mtaa explanation about any matter related to theand Village

environment;Environ-(c) resolve conflict among individual persons, compan ies,mental

Manage- agencies, non governmental organisations, Governmentdepartment's or institutions about their respectivefunctions, duties ma ndates, obligations or activities

mentCommit-

teesunder this Act;

(d) inspect and exam ine any premises, street, vehicle,aircraft or any other place or article which it believe orhave reasonable cause to believe that pollutant or other

articles or substances believed to be pollutants are keptor transported;(e) require any person to remove at o wn cost any article or

substance from any place which it believes such articleor substance may be safely kept or destroyed withoutcausing harm to health; and

(f) initiate proceedings of civil or criminal nature againstany person, co mpany, agency, department or institutionthat fails or refuses to comply with any directive issued

by any of such Com mittees.

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PART IVENVIRONMENTAL PLANNING

42.-(1) Each local government authority shall, with respectLocalgovernment to its respective area prepare the Environmental Action Plans belowauthoritiesenvironmen-

tal action

the National Environmental Action Plan.

plans

(2) Each Environmental Action Plan made by localauthorities shall -(a) be in conformity with the N ational Environmental

Action Plan;(b) identify environmental problems prevalent in the area

and recommend measures to mitigate the problem;(c) be prepared in accordance with the provisions of Part

XIV of this Act; and(d) contain such matters as may be prescribed for under this

Act.

Environ- 43.-(1) The M inister shall make rules prescribing for thepreparation of pe rio dic environm ental p lans at sector leve l.mental

plans atsector

level

(2) For the purposes of this section, ''sector Ministry'' shallbe const ru ed to m ean a G overn m ent m in is try or D epartm ent or

Agency for the time being responsible for a given segment of theenvironment or any body whose activity may have impact on the

environment.(3) At an interval of every five years each se ctor Ministry

shall prepare and submit to tile Minister, a Sectoral EnvironmentalAction Plan.

(4) Each Sector Environmental Action Plan shall -(a) be in conformity with the N ational Environm ental

Action Plan;(b) identify environmental problems prevalent in the area

and recommend measures to mitigate the problem;(c) be prepared in accordance with provision of Part XIV

of this Act; and

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(d) contain such matters as may be prescribed for under thisAct.

Environme- 44 .-(1) The Director of Environment in consultation with theCouncil, appropriate sector M inistry or D epartment, or Agency ofthe Governm ent responsible for a segment of the environm ent andwhose nature of activity may have impact on environment shall, inevery five years, prepare and sub mit to the M inister a N ational

ntal

Planning at

national

level

Environmental Action Plan.(2) National Environmental Action Plan shall-(a) be the basis for integrating environmen tal concerns into

formulation and implementation of plans andprog rammes;

(b) provide general guidance for the manag ement andprotec tion of the env iro nm ent and na tural resou rces ;

(c) identify key environmental problems facing each sectorof the environment;

(d) recommend methods for building national awareness onthe importance of sustainable use of the environmentand natural resources for national development;

(e) take into account Action Plans prepared under theauspices of the local governm ent authorities, SectorMinistries and any such other levels designated by theMinister;

(f) contain an analytical profile of the various use s andvalue of the natural resources incorporatingconsiderations of intergenerational equity;

(g) recomm end appropriate legal and fiscal incentives thatmay be used to encourage the business comm unity toincorporate environmental requirements into their

planning and op erationa l processes ;(h) identify and appraise trends in the development o f urban

and rural settlement, their impacts on the environment,and strategies for the amelioration of their negativeimpacts;

(i) propose, guidelines for the integration of standards o fenvironmental protection into dev elopment planning andmanagement;

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Enviro nmen ta l M anage men t

(j) prioritize areas of environmental research and outline

methods of using such research findings;(k) identify and recomm end policy and legislative

approache s for preventing, controlling or mitigatingspecific as well as general adverse impacts on theenvironment; and

(1) provide for any other matter which the M inister maydirect.

Regula- 45. The Minister may make regulations prescribing theprocedure and the manner in which environm ent act ion plan may bepr ep ared , ado pted an d im plem en ted.

tions on

prepara-

tion,

adoption

an dimpleme-

ntation of

action

plans

46. The M inister shall in accordance w ith Part XIV facilitatePublicParticipa- participation of the general public in the preparation and

dissemination to the public the National Environmen tal Action Plan.tion in

preparation

of National

Environme-

nt Action

Plan

PART VENVIRONMENTAL MANAGEMENT

(a) Environmental Protected Areas.

Declara- 47.-(1) The Minister may, on recommendation of theNat io na l Env iron mental Adv isory Com mittee de clare any area ofland w hich is eco logically fragile or sen sitive to be a nEnvironmental Protected Area.

tion ofEnviron-

mental

Protected

Areas

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Environm en tal M anagem en t

(2) The power of the Minister under this section shall not

extend to cover areas already declared or which m ay be declared asprotec ted area un der any writ ten law.(3) In determining whether or not to declare any area as an

Environmental Protected Area, the Minister shall have regard to-

(a) representations made by any person or non-governmental organizations with sufficient public or

pr ivate interest in the area ;(b) the natural features and beauty of the area;(c) flora and fauna of the area;(d) the unique or special geographical, physiographical,

ecological or historic and cultural features of the area;(e) any special scientific feature, cultural feature or

biolog ica l d iversity of or exist ing in the a rea;(f) the interests of the local com mun ities in or around the

area; and(g) the need for the Government to comply with any

international obligation und er any ag reement to w hichTanzania is a member.

(4) The Man agement of the Environmen tal, Protected Areashall vest in the Council.

(5) The M inister shall cause to be gazetted and declareEnvironmental Protected Areas to be managed by the Council.

Environ- 48.-(1) Whe re the area has been declared an Environmental

Protected Area, the Council shall, in consultation with relevantsector prepare an environmental Protection Plan for the area.(2) The env ironmental protection plan shall -

mentalprotection

plan and

ecosystemmanageme (a) set out the objectives of protecting the area;nt plan for (b) set out policies for the protection and managementEnviron-

of the area;mental(c) formulate strategies for protection of the area;Protected

Area

(d) provide for the development of social amenities andrecreational facilities where necessary;

(e) facilitate the carrying out of scientific research; and

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(f) incorporate all necessary requirements for environmentmanagement plans.

(3) Notwithstanding provisions of the subsections (1) and(2), the Council may prepare an ecosystem mana gement plan for anEnvironmental Protected Area.

(b) Environmental Management Plans for NationalProtected Areas

49.-(1) Each national protected area shall be governed an dEnviron-mental managed in accordance with its respective written law.Manage-

(2) Notwithstanding sub-section (1), each managingauthority of a national protected area shall prepare and imp lement anenvironmental management plan which -

ment Plans

for national

protected

areas

( a ) identifies areas of biological diversity;identifies associated communities, other users and( b )institutions to be involved;

( c ) describes extension and education work with thesecomm unities and other users on the establishment ofthe protected areas;

( d ) indicates costs and benefits of the area's protectionin a m anner considered equitable by the person'sidentified und er subsection (1) (b);

( e ) describes the boundaries of the national protectedarea;defines the management measures to be taken( f )within the national protected area

outlines the regulations applicable to the national( g )protec ted area;

( h ) presc ribes means to moni to r the im plem en ta tion ofthe plan;

( i ) describes any other matter relevant toenvironmentally sound management of the National

protec ted area;( j ) is approved by the relevant authority, which has

mand ate and jurisdiction of that protection area; andis published, where appropriate, in the Gazette bythe M inister responsible for the national protectedareas systems.

( k )

45

.


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.Environmental Management

(2) Management m easure under subsection (1) (f) may

include-(a) zoning;(b) access restrictions;(c) u se restrictions;(d) b enefit sharing;(e) entrance fees and perm its; and(f) any other measure deemed app ropriate for proper and

sound use of the area.

(c) Conservation and P rotection

50. The Management and utilisation of land shall be inaccordance with the prevailing land laws provided that w here thereis any conflict on environmental aspect of land management,

prov isions of this Act shall p reva il.

Land

utilization

manage-ment

51.-(1) Where the M inister considers it necessary, he mayby order published in the Gazette, declare any area to beenvironmentally sensitive area under this Act.

Environ-

mentally

sensitive

areas

(2) Manag ement of environm ental sensitive area under thissection shall be done in accordance with procedures prescribed bythe Minister.

(3) Any person who fails, neglects or refuses to complywith procedures p rescribed to regulated environmentally sensitive

areas commits an offence.

Identifi- 52.-(1) The following land sh all constitute environm entallysensitive areas for the purposes of this Ac t -cation of

environ-(a) swampsmentally(b) any area declared as environmentally sensitive by anysensitive

local government authority;areas

(c) area designated by the Council as prone to soil erosion;(d) land designated by the Council as lands where

landslides have occurred or are likely to occur;

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Enviro nmen ta l M ana gem en t

(e) all areas have bow closed by the Minister tol ivestock keeping, occupation, cultivation and otherspecified activities;

(a) area on slopes with a gradient exceeding any ang lewhich the Minister shall, after taking account of properscientific adv ice, specify,

(b) and semi-arid-lands;(c) land specified by the Council as land which sho uld not

be develo ped on account of it s fr agile natu re or of itsenvironmental significance; and

(d) land declared under any w ritten law as environm entallysensitive area or hazardous land.

53. Apart from the term and conditions prescribed bysection 29 of the Village Land A ct 1999 on village lands or on landsharing arrangem ent between pastoralists and ag riculturalists interms of section 58 of the V illage Land Act, 1999, the M inister may

pr escr ibe an y othe r ad di tio nal en vi ronm en ta l p ro tect ion co nd itions

Environme-

ntal

conditions

to village

lands Act

No. 5 of .to be complied with by the grantees of customary rights of1999

occupancy.

54.-(1) Notwithstanding any other written law for the timebe ing regu latin g riv ers, rive r b anks, lakes or lakeshores the Ministermay, by notice in consultation with other relevant Ministries

pu blish ed in th e Gazette-

Declaration

of

protectedriver

riverbankor take,

lakeshore

(a) declare a river, river bank, lake, or lakeshore a protectedarea for the purposes of this Act; and

(b) impose any restrictions as he considers necessary for thepro tect io n of the river , river ban k, lake or lakesh orefrom environmental degradation.

(2) While exercising his pow ers under subsection (1), theM inister shall have regard to:

(a) the geographical size of the river, river bank, lake or

lakeshore;

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Enviro nm en ta l M an agem en t

(b) the interests of the comm unities resident around theriver, river bank, lake or lakeshore concerned; and

(c) any advise that may be given by sector ministries.

Protection 55.-(1) without prejudice to the provisions of any o therrelevant written law, the Council and local government authorities-responsible for environmental m atters, shall issue guidelines and

pr escr ibe measures for the protec tio n of riv erbank s, riv ers, lakes an dlakeshores.

and

Manageme-

nt of

Rivers,

River

banks and

shores

(2) Where g uidelines and m easures have been prescribedpu rsuant to subsectio n (1), it shall b e an offence to carry ou t any ofthe following activity without prior authorization or perm it issued by

the Minister-(a ) use, erect, construct, place, alter, extend, remove o rdemolish a structure in or under the ocean or naturallake shorelines, riverbank or w ater reservoir;excavate, drill, tunnel or disturb the shoreline ofocean or n atural lake, river bank or w ater reservoir;introduce or plant any part of a plant, plantspecimen w hether alien or indigenous, dead or alivein a ocean river, ocean river bank, lake or lakeshore;deposit a substance in a river, river bank, lake,lakeshore or wetland or in o r under its bed, which isl ikely to hav e adverse environm ental effects on

( b )

(c )

(d )

river, river bank, lake, lakeshore or wetland;(e ) direct or block a river, river bank, lake, lakeshore or

wetland from its natural course; ordrain a river or lake.( f )

(3) Any person co ntravening the provisions of this sectioncommits an offence.

(4) The M inister may delegate his powers u nder this section tothe Director of Environment, or an officer of the local governmentauthority or an officer in the sector M inistry.

Declaration 56.-(1) The Minister shall, after consultation with theMinister responsible for land, declare any area of land to be a

protec ted wetland un de r this Act.

of

protected

wetlands

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(2) For purposes of management of wetlands declared und ersubsection (1), sector Ministries under whose jurisdiction any area

of wetland falls, shall be responsible for the management ofwetlands falling under their respective jurisdiction.(3) Sector environmental coordinator shall furnish to the

Director of Environment information on the managem ent and statusof wetlands falling under their respective jurisdiction.

(4) The co nditions prescribed under section 55(2) shallapplymutatis mutandisto wetlands.

(5) The Minister in consultation with other sector ministriesma y m ake regulations and guidelines on the sustainablemanagement of wetlands protected under this A ct.

57.-(1) Subject to subsection (2), no hum an activities of ape rm anen t n ature or which may , b y thei r n ature , l ik ely to co mprom ise

or adversely affect conservation and, or the protection of ocean ornatural take shorelines, river bank, water dam or reservoir, shall be

Prohibition

of human

activities incertain

areas

condu cted within sixty metres.(2) The M inister may m ake guidelines for the conduct of

human activities within the areas referred to u nder su bsection (1).

Protec- 58.-(1) The Council in consultation with local governmentauthorities shall, within five years of coming into op eration of thisAct, identify hilly of m ountainous areas, w hich are at risk from

tion of

mountains,

hills andenvironmental degradation.landscapes

(2) A hilly or mountainous area shall be regarded to be atrisk from environmen tal degradation if-

(a ) it is prone to soil erosion;landslides have occurred or are likely to occur in(b )

that area;(c ) vegetation cover has been rem oved or is likely to be

removed from the area at a rate faster than it isbe ing replaced ; orany other land use activity in that area is likely to(d )lead to environmental degradation.

(3) The M inister shall, by Order in the Gazette, issue a listof landscapes mo untains and hilly areas regarded to be at risk fromenvironmental degradation.

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(4) A list of all areas referred to under subsection (3) shallbe kept-und er the cu stod y of co un cil and be trea ted as protec ted areaand, in relation therewith the council shall prescribe strategies fortheir management.

59. The M inister shall, after consultation with the M inisterPromotionof coastal responsible for local government authorities and any other relevantenvironmen-tal zone

institutions make regulations for the promotion of integrated coastalzone management.

60 .-(1) Every applicant for water use permit issued u nder therelevant laws governing man agemen t of water resources, abstractionand use of w ater, shall be required to m ake a statement on the likely

Environme-

ntal

obligations

under waterimpact on the environment of the use o f water requested.laws

(2) For the purposes of keeping records of mattersimpacting on the environment by reason of abstraction and use ofwater, the Basin W ater Boards shall file yearly returns to the SectorEnvironmental Coordinator indicating extent of com pliance by wateruse permit holders of the following conditions-

( a ) obligation to return water after its use to the body ofwater from which it was taken;

( b ) ensuring that water that is returned to any specifiedsource is not polluted; andtaking of the precautions to the satisfaction of theWater Officer to prevent accum ulations in any river,stream or w ater course of silt, sand, gravel, stones,

sawdust refuse, sewerage, sisal waste or any othersubstances likely to affect injuriously the use ofsuch water by human and other components of

( c )

envi

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