Environmental Management (Registration and Practice of Environmental Experts) Regulations, 2021 (G.N. 267 of 2021)

Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 1 GOVERNMENT NOTICE NO 267 published on 19/03/2021 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under section 230(1)) THE ENVIRONMENTAL MANAGEMENT (REGISTRATION AND PRACTICE OF ENVIRONMENTAL EXPERTS) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. PART II OBJECTIVES 4. Objectives. PART III ESTABLISHMENT OF ENVIRONMENTAL EXPERTS ADVISORY COMMITTEE 5. Establishment and composition of Environmental Experts Advisory Committee. 6. Functions of Committee. 7. Procedure of meetings of Committee. 8. Tenure of office of members of Committee. 9. Cessation of membership. 10. Disclosure of interest. 11. Remuneration. Regulation Title Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 2 PART IV REGISTRATION OF ENVIRONMENTAL EXPERTS 12. Designation of Registrar. 13. Functions of Registrar. 14. Categorization of environmental experts. 15. Categorization of firms of environmental experts. 16. Qualifications for registration of environmental expert. 17. Qualifications for registration of firm of environmental experts. 18. Application for registration of environmental expert. 19. Application for registration of firm of environmental experts. 20. Determination of application for certificate of registration. 21. Notification. 22. Publication of registered environmental experts. 23. Certificate of registration. PART V PRACTICING OF ENVIRONMENTAL EXPERTS 24. 25. Restriction on practicing of environmental experts. 26. Application for practicing certificate for environmental expert. 27. Application for practicing certificate for firm of environmental experts. 28. Issuance of practicing certificate. 29. Mandatory professional career development. 30. Conditions for renewal of practicing certificate. 31. Issuance of renewed practicing certificate. 32. Consequences for non-renewal of practicing certificate. 33. Conflict of interest. 34. Application for practicing permit for foreign environmental expert. 35. Application for practicing permit for foreign firm of environmental experts. 36. Practicing permit for foreign environmental expert or foreign firm of environmental experts. 37. Maintenance of register. PART VI CODE OF CONDUCT OF ENVIRONMENTAL EXPERTS 38. Code of Conduct and Professional Ethics. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 3 39. Professional misconduct of environmental experts. 40. Complaints on conduct of environmental experts. 41. Complaints handling procedure. 42. Preparation of charges. 43. Decision of Registrar. 44. Consequences of disqualification from profession. 45. Appeal. PART VII GENERAL PROVISIONS 46. Non-transferability. 47. Fees for services rendered. 48. Offence. 49. Application to suspend practicing certificate. 50. Loss or destruction of certificate. 51. Access to information. 52. Savings. 53. Revocation. SCHEDULES Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 4 GOVERNMENT NOTICE NO 27 published on 19/03/2021 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under section 230(1)) THE ENVIRONMENTAL MANAGEMENT (REGISTRATION AND PRACTICE OF ENVIRONMENTAL EXPERTS) REGULATIONS, 2021 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Environmental Management (Registration and Practice of Environmental Experts) Regulations, 2021. Application 2. These Regulations shall apply to registration, categorization, practicing and conduct of environmental experts and firms of environmental experts registered and certified under these Regulations to conduct (a) environmental impact assessment; (b) environmental audit; or (c) any other environmental study that may be required to be undertaken under the Act or its Regulations. Interpretation 3. In these Regulations, unless the context otherwise requires Cap. 191 means professional qualification and experience that an individual possesses; Experts; Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 5 rs of the Council established under the Act; the qualifications, competence, capability, experience and other abilities of a person to carry out environmental impact assessment or environmental audit; Committee established under regulation 5; the developer or proponent against the consultant or vice versa regarding unsatisfactory performance of reach of contract or misconduct; t Management Council established under the Act; means the Director General of the National Environment Management Council; appointed under the Act; udit has the meaning ascribed to it under the Act; a person or firm of experts which has requisite qualifications prescribed by these Regulations and duly certified and registered in the register of environmental experts; environmental impact asse to it under the Act; s the process of conducting an environmental impact assessment or environmental audit or strategic environmental assessment or any other study that may be required to be conducted with respect to environmental management; foreign environmental expert registered and certified outside Tanzania and has been certified to operate for the specific project in Mainland Tanzania; foreign firm of environmental experts environmental experts originally registered and certified outside Tanzania which has been certified to Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 6 carry out a specific project in Mainland Tanzania; it under the Act; means a person whose knowledge is necessary to ensure successful conduct of an environmental study; egister of environmental experts where records of environmental experts are entered and maintained; the Registrar designated under regulation 12; of environmental experts to gain experience in conducting environmental impacts assessments or environmental audits or both; means a civil servant employed by the Government or any officer of a Government authority, parastatal organisation or any other Government institution; and GN. No. 349 of 2005 means a committee established by the Council under the Environment Impact Assessment and Audit Regulations, 2005. PART II OBJECTIVES Objectives 4. The objectives of these Regulations are to (a) establish a system of registration, categorization and practicing of environmental experts; (b) provide for qualifications for persons who may conduct environmental studies; (c) provide for a system of nurturing competence, knowledge and consistence of environmental experts in the carrying out of environmental impact assessment and environmental audits; and (d) provide for a code of conduct, discipline and control of environmental experts. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 7 PART III ESTABLISHMENT OF ENVIRONMENTAL EXPERTS ADVISORY COMMITTEE Establishment and composition of Environmenta l Experts Advisory Committee 5.-(1) There is hereby established a Committee to be known as the Environmental Experts Advisory Committee. (2) The Committee shall consist of (a) the Chairperson who shall be appointed by the Director General and he shall (i) be a reputable expertise with experience of at least 20 years in environmental management profession; (ii) be of high-profile social standing; and (iii) not be an employee of the council; (b) one representative of the Director of Environment; (c) one person from each of the following: (i) the umbrella institution of the private sector; (ii) (iii) the umbrella association of academic and research institutions; and (iv) the Professional association of environmental experts; (d) Registrar of any other professional body; and (e) Secretary to the Committee who shall be appointed by the Director General among senior officers of the Council. Functions of Committee 6.-(1) The functions of the Committee shall be to advise the Council on matters related to (a) registration, practice and conduct of environmental experts; (b) establishment, maintenance and monitoring of professional standards for environmental practice; (c) inquiry, investigation and disciplinary action against professional misconduct by environmental experts as is necessary for ensuring the maintenance of professional standards, ethics and integrity environmental experts; and Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 8 (d) any other issue related to practice and conduct of environmental experts. (2) The Committee may establish sub-committees and may invite other persons to provide technical or professional advice as it considers necessary to execute its functions. Procedure of meetings of Committee 7.-(1) The Chairperson shall preside over the meetings of the Committee and on his absence the present members shall nominate one among its members to act as Chairperson. (2) The meetings of the Committee shall be held quarterly at such places as shall be determined by the Secretary in consultation with the Chairperson. (3) The Committee may convene an extraordinary meeting whenever necessary. (4) The quorum of the meeting shall be at least two third of the members. (5) The decisions of the Committee shall be made by consensus. (6) The Committee shall cause to be recorded and kept details of all business conducted or transacted during the meetings and the minutes of each meeting shall be read and confirmed at the next meeting and thereafter signed by the person presiding in that meeting and the Secretary to the Committee. Tenure of office of members of Committee 8. Members of the Committee shall hold office for a term of three years and may be reappointed for another term. Cessation of membership 9. A member of the Committee shall cease to be a member if (a) he resigns; (b) he dies; (c) he ceases to be a member of institution which he represents; (d) he is convicted of an offence and sentenced to imprisonment for a term of or more than six months; or Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 9 (e) he fails to attend three consecutive meetings of the committee without good cause. Disclosure of conflicting interest 10.-(1) A member of the Committee who has a direct or indirect interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose his interest to the Committee. (2) Where a disclosure has been made, the member disclosing the interest shall not be present or participate in the deliberations of the Committee regarding that matter. Remuneration 11. Without prejudice to any other written law, the Council shall adhere to Government financial legislations in regard to rates of allowance payable to members of the Committee. PART IV REGISTRATION OF ENVIRONMENTAL EXPERTS Designation of Registrar 12. The Director responsible for environmental assessment from the Council shall be the Registrar of environmental experts. Functions of Registrar 13. The Registrar shall be responsible for (a) receiving and processing applications for registration and practicing of environmental experts for approval by the board; (b) issuing registration and practicing certificates to qualified environmental experts; (c) suspending or revoking certificates of registration or practicing of any environmental expert for professional misconduct or violation of these regulations or any other legislations relevant to his area of expertise; (d) removing from the register any environmental expert for professional misconduct; (e) reinstating any environmental expert who has Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 10 been removed from the register; (f) receiving and resolve complaints related to conduct of environmental experts; (g) maintaining and make available to the public a register of environmental experts; (h) facilitating search of entries made in the register; (i) preparing reporting format to be used by applicants applying for registration and practicing of environmental experts from time to time; (j) preparing annual reports on the practicing and conduct of environmental experts and submit to the Minister; and (k) developing and updating criteria for qualifications of environmental experts in their areas of expertise. Categorizatio n of environmental experts 14. There shall be three categories of environmental experts namely (a) Category I - Graduate Environmental Experts which shall consist of (i) newly registered and certified environmental experts; or (ii) public officers who have been employed for at least one year and having successfully reviewed at least projects; (b) Category II - Professional Environmental which shall consist of (i) graduate environmental experts with a proven practical experience of conducting successfully at least ten rojects within three years in a specific area of expertise and has not been convicted of a professional misconduct, disciplinary offence or submission of substandard environmental reports; or (ii) public officers who have been employed and worked for at least 3 Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 11 years and reviewed at least 50 projects successfully including Type A and Type B2; and (c) Category III - Consulting Environmental of (i) professional environmental experts with a proven practical experience of leading at lea eight years in a specific area of expertise and not been convicted of a professional misconduct, disciplinary offence or submission of substandard environmental reports; or (ii) public officers who have been employed for at least 5 years and having successfully reviewed at least 200 projects, a quarter of which should be type A. Categorizatio n of firms of environmental experts 15. There shall be three categories of firms of environmental experts namely (a) Category III Firm is a firm consisting of at least two Graduate Environmental Experts and shall undertake type "B2" projects only; (b) is a firm consisting of at least two Professional Environmental Experts and shall undertake type "B2", "B1" or "A" projects; and (c) is a firm consisting of at least two Consulting Environmental Experts and shall undertake type "B2", "B1", "A" or "special" projects. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 12 Qualifications for registration of environmental expert 16. A person may apply for registration as an environmental expert if he (a) is a citizen of Tanzania; (b) has a degree in Environmental Science, Environmental Engineering, Environmental Health, Geography and Environment, Environmental Science Management, Environmental Studies, Water Resources, Mining Engineering, Chemical and Processing Engineering, Wildlife, Environmental Planning, Natural Resource Science and Management or any other relevant field from a recognized higher learning institution; (c) has undergone training in environmental impact assessment or environmental audit in recognized higher learning institution; (d) has identified specific areas of expertise; (e) has evidence of attachment as an intern or trainee to a registered firm for not less than one year; (f) has evidence of participation in the conduct or review of at least two full successful environmental impact assessment or environmental audit studies; and (g) has not been convicted of a professional or disciplinary offence. Qualifications for registration of firm of environmental experts 17. A firm of environmental experts may apply for registration if it has (a) at least two registered environmental experts in relevant fields with valid practicing certificates; (b) been incorporated in Mainland Tanzania; (c) identified areas of expertise; and (d) specialists from different disciplines constituting a multi-disciplinary team. Application for registration of environmental expert 18.-(1) A person applying for registration as an environmental expert shall fill in Form No. 1 as set out in the First Schedule to these Regulations and submit it to the Registrar together with non-refundable application fee Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 13 prescribed by the Minister. (2) Where a person intends to apply to conduct both an environmental impact assessment and environmental audit, he shall make two separate applications. (3) Subject to sub regulation (1), an applicant shall attach the following documents (a) certified copies of academic certificates and transcripts; (b) curriculum vitae and three referees, one of whom shall be a registered environmental expert in Mainland Tanzania; (c) a field practicing report describing projects undertaken endorsed by his or her supervisor along with recommendation letter; (d) a certified copy of TIN certificate; (e) a certified copy of business license; (f) a certified copy of receipt for payment of application fee; and (g) any other particulars as the Council may require from time to time. Application for registration of firm of environmental experts 19.-(1) A firm applying for registration as a firm of environmental experts shall fill in Form No. 2 as set out in the First Schedule to these Regulations and submit it to the Registrar together with non-refundable application fee prescribed by the Minister. (2) Subject to sub regulation (1), an applicant shall attach the following documents (a) curriculum vitae and certified copies of academic certificates and transcripts of at least two registered environmental experts, hereinafter referred to as lead experts, in relevant fields with valid practicing certificates; (b) curriculum vitae, certified copies of academic certificates and transcripts and employment contracts of other specialists affiliated with the firm; (c) certificate of incorporation or partnership deed from Mainland Tanzania; Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 14 (d) a certified copy of TIN certificate; (e) a certified copy of business license; (f) a certified copy of business name registration certificate, where applicable; (g) a certified copy of payment of application fee; and (h) any other particulars as the Council may require from time to time. Determination of applications for certificate of registration 20.-(1) The Registrar shall consider the applications for registration and decide on the matter within sixty days. (2) The Committee shall advise the Registrar in the process of evaluation and determination of applications for registration of environmental experts. (3) The Registrar shall, upon completion of process of evaluation and determination, submit his recommendations to the Board for approval. Notification 21. After approval by the Board, the Registrar shall, within fourteen days, notify the applicant that his application has been approved or rejected. Publication of registered environmental experts 22. By a notice in the Gazette and website of the Council, the Registrar shall, after approval by the Board, publish the names, postal addresses, location of premises and areas of expertise of an environmental expert and in case of a firm, its postal address, location of premises and areas of expertise. Certificate of registration 23.-(1) The Registrar shall, upon payment of fee for registration certificate, issue a certificate of registration in Form No. 3 as set out in the First Schedule to these Regulations. (2) A certificate issued under this regulation shall specify (a) the type of registration; (b) areas of expertise; and (c) category of a registered environmental expert. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 15 PART V PRACTICING OF ENVIRONMENTAL EXPERTS Restriction on practicing of environmental experts 24.-(1) A registered environmental expert in any category shall not conduct any environmental study without a practicing certificate issued under these Regulations. (2) A foreign environmental expert or a foreign firm of environmental experts shall not conduct any environmental study without a practicing permit issued under these Regulations. (3) A certified environmental expert shall provide professional expertise in the area indicated in his practicing certificate. Application for practicing certificate for environmental expert 25.-(1) A registered environmental expert applying for a practicing certificate shall submit to the Registrar a dully filled application Form No. 4 set out in the First Schedule to these Regulations together with non refundable application fee as prescribed by the Minister. (2) Subject to sub regulation (1), the applicant shall attach (a) a copy of certificate of registration as an environmental expert; (b) a certified copy of valid business license; (c) a certified copy of TIN certificate; (d) a copy of receipt as a proof of payment of application fee; and (e) a proof of membership to the professional association of environmental experts. Application for practicing certificate for firm of environmental experts 26.-(1) A registered firm of environmental experts applying for a practicing certificate shall submit to the Registrar a dully filled application Form No. 5 set out in the First Schedule to these Regulations together with non refundable application fee as prescribed by the Minister. (2) Subject to sub regulation (1), the applicant shall attach (a) a copy of certificate of registration as a firm Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 16 of environmental experts; (b) proof of existence of eligible registered environmental experts necessary to maintain the firm's category; (c) a certified copy of valid business license; (d) a certified copy of TIN certificate; and (e) a copy of receipt as a proof of payment of application fee. Issuance of practicing certificate 27.-(1) The Registrar shall, upon being satisfied that the requirements of these Regulations have been complied with, issue a practicing certificate to an environmental expert or to a firm of environmental experts in Form No. 6 as set out in the First Schedule to these Regulations. (2) The practicing certificate issued under these Regulations shall be valid for a period of three years from the date of issue and may be renewed upon application for another period of three years; Provided that an environmental expert or a firm of environmental experts shall pay annual fee for each year. Mandatory professional career development 28.-(1) Environmental experts issued with practicing certificate shall be required to undergo continuous career development programmes to enhance their knowledge and competence in environmental management issues. (2) Subject to sub regulation (1), knowledge and competence of environmental experts may be enhanced through the following: (a) tailored training in environmental management issues offered by recognized institutions; (b) internship to practicing firms of environmental experts; (c) attending annual general meetings of professional association of environmental experts; (d) attending relevant environmental courses or training in the country or abroad; (e) participating in environmental related research; (f) publishing scientific articles on environmental Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 17 management issues in recognized national or international journals; or (g) participating in major national or international environmental events. (3) The professional association of environmental experts shall prepare guidelines to administer career development programmes for environmental experts including (a) modus operandi; (b) scheme for awarding points; and (c) minimum points required for renewal of practicing certificate under regulation 29(a)(ii). Conditions for renewal of practicing certificate 29. On renewing the practicing certificate, the applicant shall fill in Form No. 7 as set out in the First Schedule to these Regulations and submit it together with the following (a) in case of an environmental expert (i) expired practicing certificate; (ii) evidence of attaining a minimum of 10 points of continuous professional development approved by the professional association of environmental experts; (iii) copies of receipts as evidence of payment of annual fee; (iv) a certified copy of business license; (v) a certified copy of TIN certificate; (vi) a certified copy of tax clearance certificate; and (vii) a copy of receipt as evidence of payment of application fee; (b) in case of a firm of environmental experts (i) expired practicing certificate; (ii) certified copy of articles of association or partnership deed or a certificate of business name; (iii) copies of receipts as evidence of payment of annual fee; (iv) contract of employment of a specialist Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 18 whose curri area of expertise; (viii) a certified copy of business license; (ix) a certified copy of TIN certificate; (v) a certified copy of tax clearance certificate; and (x) a copy of receipt as evidence of payment of application fee. Issuance of renewed practicing certificate 30. The Registrar shall, upon payment of fee for renewal of practicing certificate by the applicant, issue a practicing certificate in Form No. 6 as set out in the First Schedule to these Regulations. Consequences for non renewal of practicing certificate 31. An environmental expert or a firm of environmental experts that has failed to renew a practicing certificate shall not undertake any environmental study. Conflict of interest 32.-(1) A public officer shall not carry out environmental impact assessment or environmental audit studies for avoidance of conflict of interest, partiality and for the purpose of good practice. (2) Notwithstanding subregulation (1), a public officer who is registered and certified environmental expert may carry out environmental studies related to the core business of his institution; Provided that the public officer who carried out environmental studies shall not form part of the Technical Advisory Committee of the Council. Application for practicing permit for foreign environmental expert 33.-(1) A foreign environmental expert who wishes to practice as an environmental expert in Tanzania shall apply for practicing permit by fill in Form No.8 as set out in the First Schedule to these Regulations and submit it to the Registrar together with non-refundable application fee prescribed by the Minister. (2) Subject to subregulation (1), an applicant shall attach the following documents Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 19 (a) a valid certification or accreditation as an environmental expert obtained from outside Mainland Tanzania; (b) two abstracts of relevant environmental studies conducted in the last three years; (c) copies of academic certificates accredited by the Tanzania Commission of Universities (TCU) or any other authorized body; (d) a detailed curriculum vitae; (e) a letter of introduction by a project proponent or developer of a specific project; and (f) any other particulars as the Council may require from time to time. (3) Application submitted under this regulation shall be for an individual seeking practicing permit in a field with no local expertise and for a specific project. Application for practicing permit for foreign firm of environmental experts 34.-(1) A foreign firm of environmental experts wishing to practice as a firm of environmental experts in Tanzania shall apply for practicing permit by fill in Form No. 9 as set out in the First Schedule to these Regulations and submit it to the Registrar together with non-refundable application fee prescribed by the Minister. (2) Subject to subregulation (1), the firm shall submit the following documents (a) a copy of valid certification or accreditation as a registered firm of environmental experts obtained from outside Mainland Tanzania; (b) copies of academic certificates of experts of the Firm accredited by the Tanzania Commission of Universities (TCU) or any other authorized body; (c) comprehensive company profile indicating relevant environmental studies undertaken in the last three years and curriculum vitae of registered foreign environmental experts; (d) a letter of introduction by a project proponent or developer of a specific project explaining the need for foreign expertise; and (e) any other particulars as the Council may require Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 20 from time to time. Practicing permit for foreign environmental expert or foreign firm of environmental experts 35.-(1) The Registrar shall, after being satisfied that the requirements of these Regulations have been complied with, issue a practicing permit for a foreign environmental expert or foreign firm of environmental experts in Form No. 6 as set out in the First Schedule to these Regulations. (2) The practicing permit issued under this regulation, shall be valid for a period of twelve months from the date it was issued or after completion of the specific professional assignment, whichever comes first. Maintenance of register 36. The Registrar shall, in a format provided in the Second Schedule to these Regulations or any further directions of the Council, maintain an up-to-date register in which the names of persons certified and registered by the Council to practice as environmental experts shall be entered. PART VI CODE OF CONDUCT AND PROFESSIONAL ETHICS Code of Conduct and Professional Ethics 37.-(1) An environmental expert shall comply and adhere to the Code of Conduct and Professional Ethics prescribed in the Third Schedule to these Regulations. (2) An environmental expert who contravenes any of the provisions of the Code of Conduct and Professional Ethics commits a professional misconduct and shall be subject to disciplinary action by the Registrar. Professional misconduct of environmental experts 38. An environmental expert shall be deemed to have committed professional misconduct if he (a) fraudulently obtains registration or practicing certificate; (b) undertakes environmental assessment study while the practicing certificate is suspended or revoked; (c) fails to exercise appropriate supervision of a person authorized to practice under his supervision; (d) delegates professional responsibilities to Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 21 unqualified person; (e) accepts any work which involves the giving or receiving of bribes or inducements; (f) accepts to take up or complete work partly done by another expert where (i) there is an existing contract of engagement between a proponent and that other expert; or (ii) to the best of his knowledge there exists unconcluded disciplinary proceedings concerning that other expert with the Committee; (g) undertakes specialist work without sufficient knowledge or professional experience; (h) conducts himself in a manner which, after due inquiry, the Council considers incompetent or grossly negligent in the course of performing his works; (i) gives expert evidence in the courts, tribunals or before other judicial bodies where he or she has personal or vested interest, unless he has disclosed the nature of the interest when expressing his or her opinion; (j) discloses or misuses information marked as confidential by the project proponent or operator; (k) reveals the personal identifiable facts, data, or information obtained in a professional capacity without the prior consent of the project proponent or developer, except as authorized or required by law; (l) claims to ideas, designs and concepts unless such concepts, designs or ideas are duly acknowledged; (m) abandons work already started without giving a satisfactory explanation and a notice of at least fourteen days to the client; (n) acts for two parties with declared conflicting or competing interests, where such disclosure is requested in writing by the clients in the course of securing business from the client; Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 22 (o) withholds reports, information and other materials connected to the project from an employer or client if the other party has fulfilled his part of the contract; (p) rejects to provide professional service to a person on the grounds of any form of discrimination; or (q) permits, facilitates or abets unqualified person to perform activities requiring a practicing permit. Complaints on conduct of environmental experts 39.-(1) A person who is aggrieved by the conduct of an environmental expert in the carrying out of his work in accordance with the provisions of the Act or these Regulations may, within thirty days, lodge a complaint in writing to the Registrar. GN. No. 349 of 2005 (2) The Technical Advisory Committee may, after evaluating and rating the environmental impact assessment or audit report of an environmental expert subject to the Environmental Impact Assessment and Audit Regulations, 2005, is of the opinion that the report is below the required standards, recommend the Registrar to take necessary disciplinary action in accordance with these Regulations. (3) The Registrar may, where the circumstances show that an environmental expert has committed a professional misconduct under regulation 38, suo moto institute disciplinary action against that environmental expert. Complaints handling procedure 40.-(1) The Registrar shall, before taking any disciplinary action, give an environmental expert a notice to show cause why he should not be disciplined. (2) The Registrar shall serve a copy of the notice to show cause to the complainant. (3) The environmental expert shall, after receiving a notice to show cause, reply to the notice within fourteen days from the date of receipt of the notice. (4) The Registrar shall, after receiving response from the environmental expert under subregulation (3) or upon expiration of fourteen days, seek advice from the Committee with a view to resolve the matter. (5) The Registrar may, upon receiving the advice Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 23 from the Committee, prepare charges or dismiss the complaint. Preparation of charges 41.-(1) The Registrar shall, after being satisfied that there is justifiable complaints against the environmental expert, prepare a charge statement stating the facts of complaints against the environmental expert. (2) The Registrar shall form a disciplinary committee within the Council comprising of three members, one of whom shall be a female, to investigate the matter and advise the Registrar accordingly. (3) The disciplinary committee established under subregulation (2) may summon the complainant to adduce evidence and the environmental expert to defend himself. (4) The disciplinary committee shall record its proceedings. Decision of Registrar 42.-(1) Where an environmental expert is found guilty of committing a professional misconduct, the Registrar may, in writing and after approval by the Board (a) strike out the name of the environmental expert from the register and cancel the certificate; (b) suspend the environmental expert from practicing for a period not exceeding twelve months; (c) reprimand the environmental expert; (d) order payment of a penalty or costs against the environmental expert; or (e) order the environmental expert to compensate the aggrieved party a sum of money as may be determined by the Registrar. (2) The Registrar shall, in considering the appropriate penalty to impose, take into account the magnitude of the misconduct, the frequency of the commission of the misconduct and the background of the environmental expert. (3) An environmental expert who have been reprimanded or suspended for more than two times for professional misconducts his name shall be struck off from the register and his certificate shall be cancelled. (4) The environmental expert whose certificate has Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 24 been cancelled under this regulation may reapply for a practicing certificate after a period of not less than three years from the date of its cancellation. (5) The Registrar shall consider a complaint within a period of forty five days from the date in which the complaint has been lodged. Consequences of disqualificatio n from profession 43. An environmental expert who has been disqualified from his profession shall be disqualified from practicing as an environmental expert. Appeal 44. A person who is aggrieved by the decision of the Registrar under these Regulations may appeal to the Minister within a period of thirty days from the date the decision was communicated to him. PART VII GENERAL PROVISONS Non transferability 45. A certificate issued in accordance with these Regulations shall not be transferable. Fees for services rendered 46. The fees chargeable by environmental experts for professional services rendered shall considers the following factors: (a) the skill and knowledge required; (b) consultation involved; (c) risks involved in carrying out the study; (d) the nature, scope and type of responsibility to be undertaken; (e) studies involved in completing the assessment; and (f) time needed for the study. Offence 47.-(1) Any environmental expert who commits professional misconduct resulting into (a) loss of life; or (b) economic loss; Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 25 commits an offence and on conviction, shall be liable to a fine not exceeding ten billion shillings or to an imprisonment for a term not exceeding seven years or to both. (2) The court by which the environmental expert is convicted of an offence under subregulation (1) may, in addition to the penalty imposed, award such sum of money to the aggrieved party as it considers necessary. Application to suspend practicing certificate 48.-(1) Where an environmental expert intends to temporarily suspend his practice, he may apply in writing to the Registrar for suspension of his practicing certificate for a period specified in the application. (2) The Registrar shall not approve the application made under subregulation (1) where the environmental expert has (a) any pending work of the developer; (b) complaint pending against him; or (c) outstanding fees. (3) When a practicing certificate is suspended under this regulation, the environmental expert shall be (a) required to surrender his practicing certificate to the Registrar; (b) subjected to pay twenty five percent of the annual practicing fees; and (c) required to attain five points of continuous professional career development programme in order to keep his name in the register. (4) The environmental expert suspended from practicing shall be removed from the published list of practicing environmental experts. Loss or destruction of certificate 49.-(1) Where any certificate issued under these Regulations has been lost, destroyed or defaced, the holder shall notify the Registrar and the Registrar shall, after being satisfied that there are genuine reasons and upon payment of the prescribed fee, issue a duplicate copy to the environmental expert. (2) In the case of a defaced document, the environmental expert shall surrender it to the Registrar Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 26 together with the notification letter prior to the issuance of a duplicate copy. (3) Where a lost document is recovered after a duplicate has been issued, the original shall be returned to the Registrar and the fee paid for the duplicate shall not be refunded. Access to information 50. Members of the public may, subject to the payment of the prescribed fee, apply for search of entries in the register of environmental experts to the Registrar by fill in Form No. 10 as set out in the First Schedule to these Regulations. Savings 51.-(1) All environmental experts registered before coming into operation of these Regulations shall be deemed to have been registered under these Regulations. (2) Subject to subregulation (1), the Registrar shall re categorize all registered environmental experts in accordance with the requirements of these Regulations; Provided that, the Registrar shall ensure that any outstanding registration fee or annual fee is paid as appropriate, before re-categorization and issuance of practicing certificate. Revocation GN. No. 348 of 2005 52. The Environmental Management (Registration of Environmental Experts) Regulations, 2005 are hereby revoked. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 27 FIRST SCHEDULE FORMS FORM NO. 1 (Made under regulation 18(1)) APPLICATION FOR REGISTRATION AS AN ENVIRONMENTAL EXPERT PART A DETAILS OF THE APPLICANT 1. Name of Applicant: ........................................................................... 2. Address: ............................................................................................................... 3. National ID: ................................................................................................................... 4. Telephone No: ..................................................................................................................... 5. Fax No: ..................................................................................................................... ....... 6. E-Mail: ............................................................................................................. 7. TIN certificate No. (attach certified copy): ....................................................................... 8. Business license No. (attach certified copy) (if available) .............................................................................. 9. Environmental Certification applying for (EIA or EA): ............................................................ 10. State areas of your .................................................................................................. 11. Academic and professional qualification (Attach personal CV, certified copies of academic certificates, awards, membership) ...................................................................................................................................... ................................................................................................... ........................................................................................................... 12. Field report (including endorsement letter) .............. ................... .... Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 28 PART B DECLARATION BY THE APPLICANT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. Full Name in Block letters Signature of Applicant PART C FOR OFFICIAL USE ONLY Approved/Not approved ....................................................................... Reasons for disapproval (If not Approved) ............................................................................................ ........................................................................................................... .................................................................... .................................................................................................... Registrar: ................... .............................. Important notes: Please submit the following: (a) application form in triplicate; and (b) evidence of payment of prescribed fees; To: The Registrar, The National Environment Management Council. Application Reference ............................................ Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 29 FORM NO. 2 (Made under regulation 19(1)) APPLICATION FOR REGISTRATION OF A FIRM OF ENVIRONMENTAL EXPERTS PART A DETAILS OF THE APPLICANT 1. Name of Applicant: 2. Business license: (attach certified copy) .......... ................................................................................................................ 3. Certificate of Incorporation No: (attach certified copy) ......... 4. TIN certificate No: (attach certified copy) 5. National ID No. (Lead Experts) (attach certified copies)............................................................................... 6. Registration Certificates No. (Lead Experts) (attach copies of certificates) ......... 7. Address: 8. Telephone: . ................... .. 9. E-Mail: ... 10. Environmental Certification applying for (EIA or EA): ................................................... 11. Area (s) of expertise (e.g.: marine science, tourism, agriculture) ..... 12. Academic and professional qualification (Attach personal CV and certified copies of academic certificates of at least 2 registered lead experts with valid practicing certificates and employment contracts of other specialists affiliated with the firm) ......................................................................................................................................... ......................................................................................................................................... PART B DECLARATION BY APPLICANTS AS FIRM OF ENVIRONMENTAL EXPERT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. 1. .................. .... 2. .... .................. Full Name in Block letters Signature Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 30 Position On behalf of ................. Name of the Firm and Seal Date PART C FOR OFFICIAL USE ONLY Approved/Not approved ............................ Reasons for disapproval (If not Approved) ........................... ........ .......................... .......................... ........................ Regi Important notes: Please submit the following: (a) application form in triplicate; (b) Curriculum vitae of the lead experts and other specialists; and (c) a proof of payment of prescribed fees; To: The Registrar, The National Environment Management Council. Application Reference Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 31 FORM NO. 3 (Made under regulation 23(1)) CERTIFICATE OF REGISTRATION FORM NO. 4 (Made under regulation 25(1)) APPLICATION FOR PRACTICING CERTIFICATE FOR AN ENVIRONMENTAL EXPERT PART A DETAILS OF THE APPLICANT 1. Name of A ............................................................. 2. Business License No: (attach certified copy)..................................... 3. Expert Certificate Registration No. (attach certified copy)................................. 4. Professional Association Membership ID No. (attach certified copy)......................... 5. TIN Certificate No: (attach certified copy).................... 6. National ID (attach certified copy).......................................................................... 7. ....................................................... 8. Telephone: .. ........................................................................................ ... 9. ....................... .......................................................................... . 10. E- ............................................................ 11. Environmental Practice Applying for: (EIA/EA) .................................................... 12. Category applying for: (graduate, professional, consulting) ............. PART B DECLARATION BY THE APPLICANT ENVIRONMENTAL EXPERT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. ................... ............... Full Name in Block letters Signature of Applicant Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 32 PART C FOR OFFICIAL USE ONLY ................. Reasons for disapproval (If not approved) ................... .......................................................... Reg Important notes: Please submit the following: a) Application form in duplicate; and b) the prescribed fees: To: The Registrar, The National Environment Management Council. ............ ......................... FORM NO. 5 (Made under regulation 26(1)) APPLICATION FOR PRACTICING CERTIFICATE FOR A FIRM OF ENVIRONMENTAL EXPERTS PART A DETAILS OF THE APPLICANT 1. Name of A ......................................................... 2. Business License No: (attach certified copy) ....................... 3. Certificate of Incorporation No: (attach certified copy) . ............. 4. Expert Registration Certificate No: (attach copies of valid practicing certificates ........... 5. Practicing Certificate No.: (attach copies of valid practicing certificates).................................... 6. TIN Certificate No: (attach certified copy) ...................................................... 7. National ID of lead registered environmental experts (attach certified copies) ....................... 8. ............................................ 9. Telephone: .. ......................... ........ ........................... 10. E- .................................................................................................. 13. Environmental Practice Applying for: Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 33 (EIA/EA) 14. Category applying for: (Category III, II or I) ............... PART B DECLARATION BY THE APPLICANT ENVIRONMENTAL EXPERT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. 1. ... ...... 2. ..... Full Name in Block letters Signature Position ................. Name of the Firm and Seal Date PART C FOR OFFICIAL USE ONLY Approved/Not approved ......................... Reasons for disapproval(If not Approved) ................................................................... ............................................................... . Important notes: Please submit the following: (a) Application form in duplicate; (b) Curriculum vitae of the applicants; and (c) the prescribed fees: To: The Registrar, The National Environment Management Council. ............... ............................................... Fill in the relevant part Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 34 FORM NO. 6 (Made under regulations 27(1) and 30) PRACTICING CERTIFICATE Expert/Firm Practicing Certificate No. ............. (address) has been granted a Practicing Certificate to practice as an Environmental Expert/ Environmental Auditor (Delete Whichever inapplicable) (whether Graduate, Professional or Consulting for an individual expert)(Category III, II or I for a firm). M/S .. shall provide expertise in the following field(s): ...... .. ...... This Certificate shall be valid for period of three years from the date of issuance. Issued Signature and official seal of the Council....................... The Registrar Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 35 FORM NO. 7 (Made under regulation 29) APPLICATION FOR RENEWAL OF A PRACTICING CERTIFICATE PART A DETAILS OF THE APPLICANT 1. Name of Applicant/Firm ....................................................... 2. Business License No: (attach certified copy) ....................... .. 3. Expert Registration Certificate(s) No. (attach copy) ................................................. 4. ............... (submit the original copy) 5. TIN Certificate No: (attach certified copy) .................................. 6. Tax Clearance Certificate (attach certified copy).......................................................... 7. National ID of Applicant/Lead Experts of the Firm (attach certified copy). ................... 8. Employment Contract of Specialists (attach copies) (where applicable)..................... 9. ............................................................ .. 10. Telephone: ..................... ....... .... ................................... .... 11. E-m ............................................................... 15. Environmental Practice Applying for: (EIA/EA) 12. Category applying for: (Graduate, Professional or Consulting for an individual expert or Category III, II or I for a Firm) 13. Evidence of 10 Points of Continuous Professional Development (attach copy from the professional association of environmental experts)...................................................................... PART B DECLARATION BY THE APPLICANT ENVIRONMENTAL EXPERT (FOR INDIVIDUAL) I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. ......................... Full Name in Block letters Signature of Applicant Date....................................................... Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 36 (FOR THE FIRM) I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. 1. 2. ... Full Name in Block letters Signature Position .................................. Name of the Firm and seal Date PART C FOR OFFICIAL USE ONLY Reasons for disapproval (If not Approved) ............... Important notes: Please submit the following: (a) Application form in duplicate; (b) Curriculum vitae of the applicant(s); and (c) the prescribed fees: To: The Registrar, The National Environment Management Council. ... ................... .................................. Fill in the relevant part Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 37 FORM NO. 8 (Made under regulation 33(1)) APPLICATION FOR PRACTICING PERMIT AS FOREIGN ENVIRONMENTAL EXPERT PART A DETAILS OF THE APPLICANT 1. ................................. Telephone No: ........................................... E- ................................................................................. 2. TIN Certificate No.: (attach a certified copy) ...... 3. Expert Registration Certificate Outside Tanzania (attach a certified copy) .......... 4. N . ................................. 5. Work Permit (attach a certified copy).................................................. 6. Name and address of the Proponent/Developer............................................................................. ................ 7. Letter of Introduction from the Developer/Proponent (attach original letter)................................................ 8. Description of the Project applying for ................... .............. .............. 9. Academic and professional qualification accredited by Tanzania Commission of Universities, TCU (Attach personal CV, related academic certificates, awards, memberships) ................. ........... 10. Experience in environmental assessment related activities (attach two recent abstracts). ..................................................................................... 11. Previous registration in Tanzania (if applicable) No.: (attach a certified copy)... Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 38 PART B DECLARATION BY APPLICANTS AS AN ENVIRONMENTAL EXPERT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. Full Name in Block letters Signature Date PART C FOR OFFICIAL USE ONLY Approved/Not approved ................. ................ Reasons for disapproval (If not Approved) ...................................................................... .......................... ............... ................ .................................................... Important notes: Please submit the following: (a) application form in duplicate; and (b) the prescribed fees; To: The Registrar, The National Environment Management Council. .............. ............................................. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 39 FORM NO. 9 (Made under regulation 34(1)) APPLICATION FOR PRACTICING PERMIT AS A FOREIGN FIRM OF ENVIRONMENTAL EXPERTS PART A DETAILS OF THE APPLICANT 1. Name of Firm ..................................... 2. .................... ............... 3. E 4. Registration Certificate of the Firm Outside Tanzania (attach a certified copy)........................................... 5. .............................................................. 6. Business License (where applicable)(attach a certified copy)........................................ 7. Work Permits: (attach copies)........................................................................................ 8. TIN Certificate. (attach a certified copy) ........ 9. Description of the Project applying for ................ ................ 10. Academic and professional qualification accredited by Tanzania Commission of Universities (Attach personal CV and certified academic certificates) .................... ..................... 11. Experience in environmental assessment related activities(attach abstracts of at least three projects of similar nature undertaken for the last three years) .................................................... .............. ................. 12. Environmental Permit applying for (EIA or EA): ...................................................... ......... 13. Previous Permit and date granted (where applicable): ............................................................................................................ ......... ......................................................... PART B DECLARATION BY APPLICANTS AS FIRM OF ENVIRONMENTAL EXPERT I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 40 1. ....... ........... 2. ......... Full Name in Block letters Signature Position .......................... Name of the Firm and seal Date PART C FOR OFFICIAL USE ONLY ........................................ ..... Reasons for disapproval (If not Approved) ............................ ....................... ................................................................ ................................................................ ................................................................ .............................. ..... .......................... ....... . Important notes: Please submit the following: (a) application form in triplicate; (b) Curriculum vitae of the Experts; and (c) the prescribed fees; To: The Registrar, The National Environment Management Council. .......................... .................................. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 41 FORM NO. 10 (Made under regulation 50) APPLICATION FOR ACCESS TO INFORMATION PART A DETAILS OF APPLICANT 1. Name: 2. Address: 3. Fax 4. ............................ 5. Date: 6. NAME OF EMPLOYER: (where applicable).................................................................................... ..... 7. Address.............................................................................................................................. ....................... 8. Telephone.......................................................... Fax................................................................................. 9. E mail 10. Designation of the Applicant PART B INFORMATION REQUIRED (tick as appropriate) Environmental Impact Assessment Experts (Individuals) Environmental Impact Assessment Experts (Firms) Records of Certificates of Registration and their Renewal Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 42 11. State the use/purpose of the information required: .................................................................................................................................................. .................................................................................................................................................. ................................................................................................................................... ........ Important note: A prescribed fee of Tshs..................................will be charged for access of information per record/register. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 43 SECOND SCHEDULE (Made under regulation 36) REGISTER OF ENVIRONMENTAL EXPERTS/FIRM Name Certificate of Registration No. Date of Issue Certific ate of Practic e No. Date of issue Con tact add ress Area of assessme nt study (EIA/EA) Category (graduat e/profess ional/con sulting or Category Area(s) of Expertise (e.g. Mining, irrigation) Signa ture of filling Offic er Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 44 THIRD SCHEDULE (Made under regulation 37(1)) CODE OF CONDUCT AND PROFESSIONAL ETHICS PART I CODE OF CONDUCT 1. Preamble Sustaining the viability of the environment is a broad responsibility for all citizens. In recognition of this societal obligation, environmental experts should take an active and supportive role to facilitate society in addressing existing and future environmental challenges. Environmental experts capitalize technical knowledge and professional understanding in accomplishing their work that ultimately contribute in enhancing national economy, with due regard to sustainable development. Indeed, environmental management profession has a direct and substantial impact on the quality of life for all. Consequently, integrity and ethical standards ought to be a keystone in their professional conduct and discharge of duties. Environmental experts are therefore bound to apply their knowledge and practice with due diligence, fairness and impartiality to all, for the benefit of mankind and the environment. 2. Objectives The objectives of this Code shall be to (a) set out the minimum levels of professional conduct required to be met by an environmental expert in Tanzania so that they can carry out their roles within a framework of integrity, consistence and competency; and (b) promote and support an ethical culture among environmental experts. 3. Application This Code shall apply to (a) all registered and certified environmental experts; and (b) all registered and certified firms of environmental experts. 4. General Professional Obligations 4.1 Bring knowledge, skill, judgment and care to the task (1) An environmental expert shall bring to the professional task knowledge, skill, judgment and care that are of a standard which might reasonably be expected by the public or the en Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 45 (2) In considering the appropriate standards, environmental experts shall have regard to the profession and performance standards. 4.2 Not engage in professional misconduct, or fraudulent or dishonest behaviour An environmental expert shall not (a) engage in professional misconduct; or (b) engage in fraudulent or dishonest behaviour in the professional practice. 4.3 Communicate with fairness, honesty and adequate knowledge An environmental expert shall, both orally and in writing, express opinions, make statements, and give evidence with fairness, honesty, and only on the basis of adequate knowledge. 4.4 Not promise, accept or give inducements An environmental expert shall not (a) promise to give or give to any person anything intended to improperly his services or to secure work; or (b) accept from any person anything intended to improperly influence his decisions. 4.5 Work within area of competence and not misrepresent competence An environmental expert shall (a) provide professional services only within their area of competence; (b) not misrepresent their competence; (c) not permit those who works under their supervision to breach paragraph (a) or paragraph (b); (d) recognize where other professional advice is required and either seek it or recommend to an employer and/or client to seek such expert advice in appropriate areas. 4.6 Supervision When environmental expert supervises a person in the carrying out of professional services, he shall (a) be competent in and have sufficient knowledge of the professional services carried out; (b) have sufficient control over any outputs of the professional services to reasonably form the view that the standard of the professional services is that to be expected of the environmental expert; and (c) take full professional responsibility for the professional services provided by the supervised person. 4.7 Continue to develop knowledge, skills, and expertise An environmental expert shall Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 46 (a) continue to develop relevant knowledge, skills, competence and expertise throughout their careers, especially in their area(s) of expertise; (b) assist and encourage those with whom they are associated to do likewise; and (c) ensure that they have documented their CPD activities which can be used to verify that they meet certain minimum criteria in respect of CPD of the relevant assessment entity. 5. Obligations to Clients and/or Employers 5.1 Truth and objectivity An environmental expert shall act truthfully and objectively, and not knowingly mislead clients, employers or the public in the provision of information, opinions, statements and evidence, nor knowingly misrepresent a situation. 5.2 Where professional services are provided (a) if an environmental expert claims, or holds out, or is held out as providing professional services at a place, the environmental expert shall ensure they are at the place timely to provide the services; and (b) if professional services are performed at another office, a temporary office or by an unsupervised person, the environmental expert at the place shall accept responsibility for the professional services performed. 5.3 Providing information (including correspondence and advertising) about an environmental experts An environmental expert offering or taking responsibility for a professional service shall take reasonable steps to (a) advise clients of their name and contact details; (b) if another environmental expert becomes responsible for the professional service, advise clients of their name and contact details; and (c) if third party experts are used to provide advice or assistance to inform the expert of their role, advise the client of their names, contact details and credentials to provide advice. 5.4 Inform client or employer of consequences of disregarded advice An environmental expert shall take reasonable steps to make clients or employers aware of professional concerns regarding particular actions or projects and of the likely consequences if professional advice, decisions, or judgments are overruled or disregarded. 5.5 Disclose actual and potential conflicts of interest (1) An environmental expert shall disclose any actual or possible conflict of interest to a client or employer upon discovery of that actual or possible conflict of interest. (2) Conflicts of interest includes any financial or other interest that is likely to, or may reasonably be perceived to, affect the professional services carried out for that client or employer. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 47 5.6 Not disclose or misuse confidential information (1) An environmental expert shall not disclose confidential information of an employer or client without the agreement of that client or employer except if (a) the failure to disclose information would place the health or safety of people at significant or immediate risk; or (b) the environmental expert is required or entitled by law to disclose that information. (2) An information in connection with one purpose in the course of professional services shall not use that information for another purpose without the agreement of that person. 6. Obligations to society 6.1 Social, environmental, economic and other possible consequences An environmental expert shall take reasonable steps to be informed, and to inform clients and employers, of the social, environmental, economic, and other possible consequences that might arise from professional services. 6.2 Honesty, integrity, fairness and without discrimination An environmental expert shall act with honesty, integrity, fairness, without unjustified discrimination and with due respect for the rights of others and written laws in which professional services are provided. 6.3 Health, welfare and public safety An environmental expert shall take reasonable steps to safeguard the health, welfare, and the safety of the public including (a) identifying hazards; (b) assessing micro and macro risks; and (c) implementing appropriate controls to manage risk. 6.4 Effects on the natural environment An environmental expert shall (a) have regard to reasonably foreseeable effects of professional services on the natural environment; and (b) take reasonable steps to reduce reasonably foreseeable adverse effects of professional services on the natural environment. PART II PROFESSIONAL OF ETHICS 7. Use of principles of sustainable development An environmental expert shall carry out his professional activities, as far as possible, in accordance with the principles of sustainable development and the highest Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 48 standards of environmental protection and in compliance with relevant laws, including, the Environmental Management Act, 2004 and the Regulations made under it. 8. Protection of the integrity of the environment An environmental expert shall at all times place the integrity of the environment including conservation and sustainable use of the biophysical environment to address poverty and the social welfare, health and safety aspects of the socio-economic environment, above any commitment to private interest. 9. Promotion of environmental consideration An environmental expert shall promote the incorporation of environmental considerations from the earliest stages of project design or development. 10. Separation of facts and opinions An environmental expert shall, clearly, differentiate between facts and opinions in his work. 11. Advancement in knowledge by expert An environmental expert shall, to the best of his ability, keep informed of advances in environmental impact assessment practice or environmental audit practice and shall integrate such knowledge in his professional activities. 12. Misrepresentation of qualifications An environmental expert shall not misrepresent or allow or permit exaggerate his degree of responsibility of any work of a professional nature. 13. Professional conduct of environmental expert (1) An environmental expert shall conduct his work in accordance with these Regulations and code of ethics of the profession to which he belongs. (2) An environmental expert shall conduct his profession in accordance with the best available practice, taking into account advancement in science and technology. (3) An environmental expert shall act professionally, accurately, truthfully, and in un-biased manner. 14. Adequacy of information An environmental expert shall not intentionally communicate inadequate, false or misleading information that may compromise the integrity of any assessment or audit or the approval process. 15. Responsibility to the law and to the profession (1) An environmental expert shall abide by the laws of Tanzania, uphold the code of conduct, honour his profession and adhere to ethical principles. (2) An environmental expert shall strive to enhance the profession of environmental experts. Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 49 16. Integrity to the Committee An environmental expert shall not act in any way that is likely to prejudice the reputation of the committee and its functions. 17. Responsibility to the public An environmental expert shall ensure that no action or omission on his part or within his sphere of responsibility is detrimental to the interest, condition or safety of the public and the environment. 18. Professionalism An environmental expert shall not undertake or accept any work beyond his qualifications. 19. Unqualified persons An environmental expert shall not allow any person to practice in his name. 20. Signing of the statement of the study or report (1) An environmental expert shall not sign or put his name to an environmental impact statement or audit report that is not prepared by him, or by staff under his supervision. (2) An environmental expert shall not sign or put his name to an environmental impact statement or audit that contains false information. 21. Breach of terms An environmental expert shall not breach the terms of his contract with the developer, owner or operator. 22. Illegal activities An environmental expert shall not engage in activities that bring discredit to his profession or to the delivery of an environmental impact study or audit study and shall expose without fear or favour all those engaged in illegal or unethical conduct. 23. Advertising An environmental expert shall not, directly or indirectly, apply or seek instruction for professional business or, in carrying out of his practice, do or permit any act or thing which can be reasonably regarded as advertising and shall not entice the developer, owners or operators from other environmental experts. 24. Disclosure of conflicting interest An environmental expert shall not give an opinion on an environmental impact study or audit study in which he has substantial interest, unless he discloses the nature of the interest when expressing his opinion. 25. Confidentiality Environmental Management (Registration And Practice Of Environmental Experts) GN NO.267 (Continued) 50 (1) An environmental expert shall not disclose classified information acquired in the course of his professional engagement to any person other than the developer, owner, operator or the Council without the consent of the developer, owner, operator or the Council. (2) In the case of an environmental audit, an environmental auditor shall not disclose any information relating to audit without prior written approval from the owner or operator of the audited facility, or the auditing organization, unless required by the law. 26. Exploitation An environmental expert shall not exploit the lack of experience, lack of understanding, illiteracy or other personal shortcomings of a developer, owner or operator or the public for his personal benefit or benefit of any other person. 27. Undue advantages (1) An environmental expert shall not accept any instructions which involves the giving or receiving of discount or commission, or accept any form of bribe, gift, from the sector Ministry or Department, the private sector, non- governmental organizations and the public, or any other person. (2) An environmental expert shall not accept any, commission, gift, or other inducement from the owner or the operator, or employee or agent of the operator or owner or any other interested party when carrying out environmental audit or allow any person to do so. 28. Competing or conflicting interest An environmental expert shall not represent conflicting or competing interest and shall disclose to any client or employer any relationship that may influence his judgment prior to the carrying out of work. Dodoma UMMY A. MWALIMU 11th March 2021 Minister of State, Vice (Union Matters and Environment)