Release date | 08/06/2015 |
---|---|
Geographical coverage | Tanzania, |
Policy and Legal Framework
Policies
National Environmental Policy, 1997: The Policy provides the framework for making fundamental changes that are needed to mainstream environmental considerations into decision making in Tanzania. The policy provides guidelines for determining priority actions, and provides for monitoring and regular review of policies, plans and programmes. It further provides for sectoral and cross-sectoral policy analysis in order to bring synergy and harmony among sectors and interest groups.
Sectoral Policies: There are several sectoral policies that support environmental management in Tanzania. Such policies are developed, not only to address challenges in respective sectors, but to include provisions to address environmental matters in relevant sectors.
a) National Agriculture Policy, 2013: The Policy aims to develop an efficient, competitive and profitable agricultural industry that contributes to the improvement of the livelihoods of Tanzanians and attainment of broad based economic growth and poverty alleviation. With regard to environmental management, the Policy aims to promote agricultural practices that sustain the environment. To achieve this, the Policy outlines policy interventions including sustainable environmental early warning and monitoring systems; improving adaptation measures to climate change; public awareness on sustainable agriculture; and enforcing relevant environmental laws and regulations.
b) National Livestock Policy, 2006: The policy objective on the environment is to ensure the environment is conserved for sustainable livestock production. The policy highlights on sustainable livestock farming and its related activities that require proper utilisation and management of the environment. The policy recognises that increased livestock populations and human activities related to livestock production in some areas of the country have resulted in over exploitation of natural resources. This has led to over-grazing, soil erosion, deforestation, destruction of water sources and environmental pollution. In order to achieve the policy goals on environmental management the policy seeks to strengthen technical support services on environmental issues, promote proper land use planning for livestock production and strengthen inter-sectoral coordination on environmental issues.
c) National Irrigation Policy, 2010: The objectives of the National Irrigation Policy on environment include promotion of efficient water use in irrigation systems, and ensure that irrigation development is technically feasible, economically viable, socially desirable and environmentally sustainable. The Policy aims to have irrigation systems that are environmentally sound by ensuring compliance to relevant legislation; protecting and conserving water and land sources; pollution control in irrigated agriculture and promotion of proper land use practices.
d) National Forest Policy, 1998: The overall goal of the National Forest Policy (1998) is to enhance the contribution of the forest sector to the sustainable development of Tanzania and the conservation and management of her natural resources for the benefit of present and future generations. The Policy, among other aspects, recognizes the high value of forests due to the high potential for royalty collection, export and tourism earnings as well as the recycling and sequestering of carbon and conservation of globally important biodiversity. Furthermore, the policy emphasizes on biodiversity conservation; describes the importance of forest ecosystems for maintaining biodiversity and the threats to biodiversity. One of the main objectives envisaged in the policy focuses on ensured ecosystem stability through conservation of forest biodiversity, water catchments, and soil fertility.
e) Fisheries Sector Policy and Strategy Statement, 1997: The policy acknowledges the linkage between the sustainable exploitation of fish resources and the provision of high quality food, income and employment. Though the linkage between poverty and environment is recognized, the role of poverty as a constraint to sustainable management of fisheries resources, or possibility of developing positive environment/poverty linkages, is not highlighted in the policy.
f) Wildlife Policy, 2007: The Policy focuses on wildlife protection and conservation in order to ensure sustainability of wildlife ecosystems. Some of the objectives of the Policy include establishment, maintenance and development of Protected Areas network in order to enhance biological diversity; conservation of wildlife and its habitats outside the core areas by establishing Wildlife Management Areas (WMAs); and conservation of Wetlands.
g) National Tourism Policy, 1999: The Policy acknowledges the relationship between the environment and development of sustainable tourism. The aim of the policy is to ensure that development of tourism is based on careful assessment of carrying capacities of tourism products and ensure enhancement and improvement of special environment features in order that tourism development does not conflict with indigenous forests, beaches, mountains and other important vegetations.
h) National Water Policy, 2002: The main objective of the Policy is to develop a comprehensive framework for sustainable development and management of the nation’s water resources. Specifically on the environment the objective is to have a water management system that protects the environment, ecological system and biodiversity. The policy emphasizes that water related activities will have to be planned to enhance or to cause least detrimental effects on the environment. In order to protect ecological systems and biodiversity which, together, are important part of sustainable water resources system the policy provides a guide for determining water for the environment, in terms of quantity and quality, and levels, for both surface and groundwater resource. The policy emphasizes the use of best available scientific information for both temporal and spatial water requirements to maintain the health and viability of riverine and estuary ecosystems, and associated flora and fauna. Public awareness on good land-use practices is insisted in order to contain the erosion problem.
i) National Land Policy, 1995: The National Land Policy of 1995 aims at developing a coherent and comprehensive framework that defines land tenure and enables proper management and allocation of land in urban and rural areas. Among other things, the Policy advocates the protection of land resources from degradation, for sustainable development. The policy addresses several environmental issues such as land use planning, which take into consideration the land capability, ensures proper management of land resources, promotes resource sharing and multiple land use techniques in areas of conflicting land use, and involve community in resource management, land use and conflict resolution.
j) National Biotechnology Policy, 2010: The general objective of the National Biotechnology Policy is to ensure that Tanzania has the capacity and capability to capture the proven benefits arising from health, agriculture, industry and environmental applications of biotechnology while protecting and sustaining the safety of the community and the environment. The Policy reiterates the importance of conservation and utilization of plant, animal and microorganism genetic resources. The Policy emphasizes that the narrow pool of the biodiversity is under constant threat of extinction due to various human activities leading to environmental pollution and climate change. Therefore, the need to sustainably conserve and utilize the national genetic resources is important and urgent. In order to sustainably conserve and utilize genetic resources, the Policy seeks to promote sustainable utilization of genetic resources and create public awareness on the value of genetic resources for food and agriculture.
k) Mineral Policy of Tanzania, 2009: The objective of the Mineral Policy of Tanzania on environment is to reduce or eliminate adverse environmental effects of mining, by promoting health and safety conditions in mining areas and addressing social issues affecting local communities. It requires mining operations to carry out EIA and directs mining companies to set aside funds for environmental rehabilitation and mine closure obligations.
l) National Health Policy, 2007: The overall objective of the National Health Policy, 2007 is to improve the health and well being of all Tanzanians. In line with environmental health, Policy seeks to protect community health by enhancing sustainable environmental health. The Policy emphasizes on community adherence to environmental health standards; Improvement of waste management systems including disposal of hospital wastes; educating health service providers on the importance of environmental health in their working areas; and putting in place laws and procedures for conservation and protection of the environment in the health sector.
m) National Energy Policy, 2003: The Policy, among others, focuses on utilization of various energy resources in a sustainable and environmentally friendly manner. The Policy recognizes, that energy is a prerequisite for the proper functioning of all sub-sectors of the economy. The Policy stresses the use of renewable and alternative energy sources such as wind, solar, mini-hydropower generators and use of liquefied petroleum gas (LPG) as well as natural gas. The use of alternative energy sources such as biogas, briquettes both for domestic and industrial uses is encouraged to minimize the use of charcoal and firewood to prevent massive deforestation.
n) Sustainable Industrial Development Policy, 1996: The Policy provides for sound environmental management in order to ensure promotion of environmentally friendly and ecologically sustainable industrial development. The Policy insists that environmental audit and appropriate mitigation measures should be enforced for all industrial projects at pre-implementation stage.
o) National Population Policy, 2006: The Policy recognizes the impacts of population growth on natural resources and environment. The policy goal is to prepare and implement coordinated urban, rural and regional development plans for rapid development in the country and to reduce the rate of rural-urban migration.
p) National Human Settlements Development Policy, 2000: The Policy stresses on the need for ensuring that human settlements are kept clean and pollution effects of solid and liquid wastes do not endanger the health of residents. The policy advocates for a set of environmental quality standards of gaseous emissions from industries and vehicles.
Legislations
Legislation is regarded as one of the three main functions of government, which are often distinguished under the doctrine of separation of powers as per the constitution of the United Republic of Tanzania. There are several legal and regulatory instruments which are relevant to environmental management in Tanzania. Some of them are discussed below.
Environmental Management Act (Cap. 191)
The Act is a framework environmental law which provides for legal and institutional framework for sustainable management of the environment and natural resources in the country. The Act includes provisions for institutional roles and responsibilities with regard to environmental management; environmental impact assessments; strategic environmental assessment; pollution prevention and control; waste management; environmental standards; state of the environment reporting; enforcement of the Act; and a National Environmental Trust Fund. Between 2008 and 2013, a total of 21 regulations have been developed to facilitate implementation of the Act. Some of these Regulations include Biosafety Regulations, 2009; Waste Management Regulations 2009; Strategic Environmental Assessment Regulations, 2009; Solid Waste Management Regulations, 2009; Environmental Inspectors Regulations, 2011; Noise and Vibration Standard Regulations, 2011; and Hazardous Waste Management Regulations, 2009. In order to reach the general public the Act and some of its subsequent regulations were translated into Kiswahili and disseminated accordingly.
Other Sectoral legislation
a) Forest Act No. 7 of 2002: The Act provides for management of forests and requires carrying out of Environmental Impact Assessment (EIA) for certain development projects. The Act obliges establishment of forest management plan for all types of forest to ensure sustainable management in the long-term. The Act provides for designation of Community Forest Reserves, Mangrove Forest Reserves and encourages community based management
b) Wildlife Conservation Act No. 5 of 2009: The Act provides for the conservation of wildlife and ensures protection, management and sustainable utilization of wildlife resources, habitats, ecosystems and the non-living environment supporting such resources, habitats or ecosystems with actual or potential use or value.
c) Marine Parks and Reserves Act No. 29 of 1994: The Act aims at protecting, conserving, and restoring species and genetic diversity of living and non-living marine resources and ecosystem processes of marine and coastal areas. It provides for management of marine and coastal areas so as to promote sustainability of existing resource use, and the recovery of areas and resources that have been over-exploited or damaged.
d) Fisheries Act No. 22 of 2003: The Act regulates fishing activities in both fresh and marine waters. Among other things, it emphasizes on the conservation of fisheries resources in particular critical habitats or endangered species, and restricts the issuance of fishing licences for fishing in any conserved areas. The Act also provides for enforcement in collaboration with other related agencies and fisher communities to ensure effective implementation of this Act. The Act further requires formation of community management units for the purpose of protecting and conserving fishery resources.
e) Plant Protection Act No. 13 of 1997: The Act provides for prevention of the introduction and spread of harmful organisms, to ensure sustainable plant and environmental protection, to control the importation and use of plant protection substances, to regulate export and imports of plants and plant products.
f) Land Act No. 4 of 1999 and Village Land Act No. 5 of 1999: The Land Act and Village Land Act have provisions that are important for environmental management. The fundamental principle of the Land Act is to ensure that land is used productively and that, any such use complies with the principles of sustainable development. Among others, the Act prohibits any development activities in environmentally sensitive areas such as wetlands and swamps and 60m from the shoreline and riverbanks. The Village Land Act as well empowers the Village Government to have legal control on village land and its uses. This also includes prohibiting or minimizing land problems like bush fires as well as land use related conflicts between farmers and livestock keepers/pastoralists.
g) Water Resource Management Act No. 11 of 2009 and Water Supply and Sanitation Act No. 12 of 2009: The Water Resources Management Act (WRMA) provides the legal framework for the management of water resources within the integrated water resources management (IWRM) framework. The Act provides for pollution control and issues discharge permits of effluents to water bodies, including the underground strata. The Act also provides measures for flood mitigation and control to prevent or minimize the risk of flooding, flood damage and water pollution. The Water Supply and Sanitation Act likewise, provides for a legal framework to ensure water quality by protecting water works and storage facilities against pollution. The Act further gives mandate to the Local Government Authorities to enact by-laws in relation to water supply and sanitation for efficient and sustainable provision of these services in their areas.
h) Local Government (Urban Authorities) Act No. 8 of 1982: The Act assigns responsibility to Urban Authorities to take measures for conservation of natural resources, safeguard and promote public health. Urban authorities are further required to take measures for maintaining the area of their authority in clean and sanitary condition and for preventing the occurrence of or for remedying or causing to be remedied any nuisance or condition likely to be injurious or dangerous to health.
i) Public Health Act No. 1 of 2009: The Act provides for the promotion, conservation and maintenance of public health with a view of ensuring comprehensive functional and sustainable public health services. The Act also prohibits discharges into a sewer or into drain that may cause malfunctioning of the drainage systems.
j) Mining Act No. 14 of 2010: The Act provides for regulation of prospecting for minerals, mining, processing and dealing in minerals. The Act requires all holders of mining licenses to take appropriate measures for the protection of the environment in accordance with the Environmental Management Act including undertaking EIA in mining activities.
j) Mining Act No. 14 of 2010: The Act provides for regulation of prospecting for minerals, mining, processing and dealing in minerals. The Act requires all holders of mining licenses to take appropriate measures for the protection of the environment in accordance with the Environmental Management Act including undertaking EIA in mining activities.