National Environment Management Act (No. 19 of 1983)

TANZANIA National Environment Management Act No. 19 of 1983 I ASSENT 1.K. NYERERE President 10TH SEPTEMBER, 1983 An Act to provide for the establishment of the National Environment Management Council, to provide for its functions and for other matters related to and incident to the establishment of that Council ENACTED by the Parliament of the United Republic of Tanzania. PART 1 PRELIMINARY Short title and commencement I. This Act may be cited as the National Environment Management Act, 1983, and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires: "beneficial use" means a use of the environment or of any part thereof that is conductive to human benefit, welfare, safety or health; "Chairman" means the Chairman of the Council; "the Council" means the National Environment Manage ment Council established by section 3; "conservation", means any act or a combination of acts, processes or procedures aimed at the protection, devel opment and control of the environment, or the elimina tion, minimization or prevention of harm to the environ ment as a result of biological, chemical, economic, physi calor social developmental activity; "Director-General" means the Director-General of the Council appointed under section 6; "environment" means the land, water and atmosphere of the earth; "pollution" means any direct or indirect contamination or alteration of any part of the environment so as: (a) to affect any beneficial use adversely; or b) to cause a condition that is detrimental or hazardous or likely to be detrimental or hazardous to: (i) human health, safety or welfare; (ii) animals, plants or microbes; or (iii) property, caused by emitting anything. PART II THE NATIONAL ENVIRONMENT MAN AGEMENT COUNCil Establishment of Council 3.- (I) There is hereby established a Council which shall 320 be known as the National Environment Management Council. (2) The Council shall be a body corporate and shall: (a) have perpetual succession and an official seal; (b) in its corporate name, be capable of suing and being sued; (c) subject to this Act, be capable of holding, purchasing or acquiring in any other way, any movable or im movable property, and of disposing of any of its prop erty for the purpose of carrying out the functions con ferred on the Council by this Act. (3) The provisions of the Schedule to this Act shall have effect as to the constitution and the procedure of the Council and to other matters in relation to it. (4) Save for the provisions relating to the appointment of the Chairman, the Minister may; by order published in the Gazette amend, add to, vary, revoke or replace any of the provisions of the First Schedule. (5) The Council may with the approval of the Minister co-opt any additional members for a specified meeting or other purpose but no co-opted member shall have the right to vote. Functions of the Council 4. The functions of the Council shall be to advise the Government on all matters relating to the environment, and in particular the Council shall: (a) formulate policy on environmental management and recommend its implementation by the Government; (b) co-ordinate the activities of all bodies concerned with environmental matters and serve as a channel of com munication between these bodies and the Govern ment; (c) evaluate existing and proposed policies and the ac tivities of the Government directed to control of pol lution and the enhancement of the environment and to the accomplishment of other objectives which af fect the quality of the environment and, on the basis of that formulate policies and programmes which will achieve more effective management and enhancement of environmental quality; (d) recommend measures to ensure that Government poli cies, including those for the development and con servation of natural resources, take adequate account of environmental effects; PART I: FRAMEWORK UWS AND REGUUTIONS / TANZANIA (e) foster co-operation between the Government, local authorities and other bodies engaged in environmen tal programmes; (f) stimulate public and private participation in pro grammes and activities for the national beneficial use of natural resources; (g) seek advancement of scientific knowledge of changes in the environment and encourage the development of technology to prevent or minimize adverse effects that endanger man's health and well-being; (h) specify standards, norms and criteria for the protec tion of beneficial uses and the maintenance of the quality of the environment; (i) establish and operate a systemof documentationand dis semination of information relating to the environment; (j) formulate proposals for legislation in the area of en vironmental issues and recommend their implemen tation by the Government; (k) establish and maintain liaison in other national and international organizations respect of issues and mat ters relating to environmental protection and man agement; (I) undertake or promote general environmental educa tional programme for the purpose of creating an en lightened public opinion regarding the environment and the role of the public in its protection and im provement; (m) perform such other functions as the Minister may assign to the Council, or as are incidental or condu cive to the exercise by the Council of all or any of the preceding functions. (3) For the purposes of the better performance of its func tions the Council shall establish and maintain a system of collaboration, consultation and co-operation with any person or body of persons established by or under any written law and having functions related to those speci fied in subsection (I) or which relate to environmental management or environmental matters generally. General powers of the Council 5. The Council may, for the purposes of carrying out its functions under this Act, do all such acts as appear to it to be requisite, advantageous or convenient for or in con nection with the carrying out of those functions or to be' incidental to their proper performance and may carryon any activities in that behalf either alone or in association with any other person or body of persons. 321 COMPENDIUM OF ENVIRONMENTAL LAws OF AFRICAN COUNTRIES / VOLUME I: FRAMEWORK LAws AND EIA REGULATIONS Director of Environ-ment Protection 6.- (1) There shall be a Director-General of the Council who shall be appointed by the President on such terms and conditions as the President may determine and who shall also act as Secretary to the Council: (2) The Director-General shall be the chief executive officer of the Council and shall, subject to the provisions of this Act and any directions which may be given to him by the Minister or the Council, be responsible for the implementation of all the decisions of the Council and carrying out all day to day activities of the Council. Duties of the Director 7. Without prejudice to the generality of subsection (3) of section 9, it shall be the duty of the Director, under the direction of the Council, (a) to consider means and initiate steps for the protec tion of the environment and for preventing, control ling, abating or mitigating pollution; (b) to carry out investigations into the problems of envi ronmental Management, (c) to obtain the advice of persons having special knowl edge, experience, or responsibility in regard to envi ronmental management; (d) to keep under review the progress made in the pursu ance attainment of the objects and purposes of the Act and to publish reports and provide information for the purpose of enhancing public awareness of such progress and of the problems and remedies that exist in relation to the management of the environment; (e) to promote, encourage, co-ordinate, and carry out short-term and long-term planning and projects in en vironmental management and protection together with or separate from other public bodies and other organs; and (f) generally, to administer and give effect to the provi sions of this Act and to carry out other functions as may be prescribed by the Council. 8.- (1) The Council may appoint on such terms and con ditions as it may determine, such number of persons to serve as officers of the Council as it may consider ap propriate or necessary for the performance of the func tions of the Council; (2) The Council may engage either temporarily or on such terms as it may think fit persons who are experts in matters relating to the environment Delegation of powers of appointment 9. The Council may, subject to such conditions as it may impose, delegate to any person or body of persons the power of appointing persons to any office or offices of the Council. . Boards and other Committees 10.- (1) Subject to the approval of the Minister, the Coun cil may, from time to time establish such committees as it may consider necessary for the purpose of facilitating the carrying out of the objectives of the Council. (2) The Council shall prescribe the composition, pow ers, duties and procedure of all committees and subject to the provisions of this Act, may delegate to any such committees any of its powers or functions. (3) The Council may appoint on any committee estab lished under this section any person notwithstanding that that person is not a member of the Council but any per son so appointed shall have no right to vote: Provided that in no case shall the number of members of any committee who are not also members of the Council exceed one third of the total number of the members of a Committee. Council may call for information 11.- (1) The Council may require in writing any person or body of persons engaged in research, or engaged in an activity effecting or relating to the environment within Tanzania, to furnish to it such information relating to that research or activity as the Council may specify. (2) Every person or body of persons which is required to furnish information under subsection (1) shall comply with the requirement and any person or group of persons which refuses or fails to comply with that requirement shall be guilty of an offence and shall be liable on con viction to a fine not exceeding five thousand shillings. Minister may give directions 12. The Minister may give to the Council directions of a general or specific character regarding the performance by the Council, of any of its functions under this Act, and the Council shall give effect to every direction given to it. 322 PART III FINANCIAL PROVISIONS Funds of the Council 13.- (1) The funds and resources of the Council shall consist of: (a) such sums as may be provided for that purpose to the Council by Parliament, either by way of grant or loan; (b) such donations, grants, bequests and loans as the Council may, from time to time receive from any person or organization; (c) any sums or property which may vest in the Council under this Act or any other written law or which may vest in the Council in any other manner in the per formance of its functions. (2) The funds and resources of the Council shall be ap plied for the purposes for which the Council is estab lished under this Act. Power of Minister to impose duty 14.- (1) If the Minister considers it necessary in the pub lic interest he may, after consultation with the Minister for the time being responsible for finance, by order pub lished in the Gazette, impose a duty payable to the Coun cil by any person or body of persons benefiting from the activities of the Councilor whose activities affect the activities of the Council, and every such person or body of persons specified in the Order, shall take all neces sary measures to pay to the Council such amount of duty and in such manner as may be specified in the order. (2) Every amount of duty required to be paid under sub section (1) shall be paid by the specified person or body of persons, and the amount so payable shall be a debt due to the Council and may be recovered from the speci fied person or body of persons as a civil debt by a suit at the instance of the Director-General or any person au thorized by him in that behalf. (3) Where any amount of duty is due from any specified person or body of persons, the Director-General may file in a court of a Resident Magistrate having jurisdiction over the area in which the specified person or body of persons carries on business, a certificate stating: (a) the name and address of the specified person or body of persons from whom the amount is due; and (b) the amount due, PARTI: FRAMEWORK LA WS AND REGUUTlONS / TANZANIA and upon the certificate being lodged in court the certifi cate shall be deemed to be a plaint duly lodged under Order XXXV of the Civil Procedure Code 1966, and the court shall proceed in the matter in accordance with the provision, of that Order, and in the event of a judgement being given in favour of the plaintiff the court shall pass a decree for payment by the defendant to the Council of the amount found due together with interest on that amount at five per centum per month from the date on which the certificate was filed until payment. (4) The provisions of subsection (3) shall apply notwith standing that the amount involved exceeds the pecuni ary jurisdiction of a court of a Resident Magistrate. (5) Every certificate filed in a court of a Resident Magis trate pursuant to the provisions of subsection (3) shall, unless the contrary is proved, be conclusive evidence of the truth of the statements contained in that certificate. Council may charge fees 15. For the purposes of the better and proper perform ance of its functions the Council may, subject to any di rections which the Minister may give in that behalf, charge fees for any services rendered by it or by any of its committees. Annual estimates 16.- (1) The Director-General shall, in respect of each financial year, cause to be prepared estimates of the ex penditure and revenue of the Council and those estimates shall be approved by the Council before the commence ment of the relevant financial year. (2) If in any financial year the Council requires to make any disbursement not provided for or of any amount in excess of the amount provided for in the annual budget for that year, the Council shall at a meeting pass-a sup plementary budget detailing that disbursement. (3) The annual budget and every supplementary budget shall be in such form and include such details as the Minister may direct. (4) Forthwith upon passing any annual budget or any supplementary budget the Council shall submit to the Minister for his approval that annual budget or that sup plementary budget. (5) The Minister shall, upon receipt of the annual budget or any supplementary budget, approve or disapprove. it or may approve it subject to such amendment as he may deem fit. (6) Where the Minister has approved any annual budget or any supplementary budget, the budget, or, as the case 323 COMPENDiUM OF ENVIRONMENTAL LAws OF AFRICAN COUNTRJES / VOLUME I: FRAMEWORK LAws AND EIA REGULATIONS may be, the supplementary budget, shall be binding on the Council which, subject to subsection (7), shall con fine the disbursements of the Council within the items and amounts contained in the applicable estimates as approved by the Minister. (7) The Council may: (a) with the sanction in writing of the Minister, make a disbursement notwithstanding that the disbursement is not provided for in any budget. (b) adjust expenditure limits to take account of circum stances not reasonably foreseeable at the time the budget was prepared, subject to submitting a supple mentary budget to the Minister within two months of the alteration of expenditure limits becoming neces sary. Accounts and audit 17.- (I) The Council shall cause to be provided and kept proper books of account and records with respect to: (a) the receipt and expenditure of moneys by, and other financial transactions of the Council. (b) to assets and liabilities of the Council, and shall cause to be made out for every financial year a balance sheet showing details of the income and expenditure of the Council and all its assets and liabilities. Acts, 1968 No.1 (2) Within six months of the close of every financial year a balance sheet showing details of the income and ex penditure of the Council - in respect of that financial year shall be submitted for audit by the Tanzania Audit Corporation established by the Tanzania Audit Corpora tion Act, 1968. (3) Every audited balance sheet shall be placed before a meeting of the Council which, if it adopts it shall en dorse the balance sheet with a certificate that it has been so adopted. (4) As soon as the accounts of the Council have been audited, and in any case not later than eight months after the close of the financial year, the Council shall submit to the Minister a copy of the audited statement of ac counts together with a copy of the report, made by the auditors on the statement of accounts which he shall then submit before the National Assembly. SCHEDULE Section 3 (2) I. The Council shall consist of: (a) a Chairman, who shall be appointed by the President; (b) fifteen members appointed by the Minister upon nomination one each by such Ministries and organi zations involved in matters relating to the manage ment or protection of the environment as the Minis ter may determine; (c) three other members appointed by the Minister from amongst persons who, in his opinion, have the nec essary experience or qualification to enable them to make a useful contribution to the realization of the objectives of, and to the deliberations of the Council. Vice-Chairman 2. The Members shall elect one of their number to be the Vice-Chairman of the Council, and any member elected as Vice-Chairman shall, subject to his continuing to be a member hold office for a term of one year from the date of election, and shall be eligible for re-election. Tenure of appointment 3.- (I) A member shall, unless his appointment is sooner terminated by the President or as the case may be, by the Minister or he ceases in any other way to be a member, hold office for the period specified by the President in the case of the Chairman or by the Minister, in the case of any other member, in the instrument of his appoint ment or if no period is so specified, for a period of three years from the date of his appointment and shall be eli gible for re-appointment. (2) Any member appointed under paragraph I(a), or (c) may at any time resign his office by giving notice in writ ing to the President or, as the case may be, to the Minis ter, and from the date specified in the notice or, if no date is so specified, from the date of the receipt of the notice by the President or the Minister, he shall cease to be a member. (3) If a member of the Council who is a member by vir tue of his holding some other office is unable for any reason to attend any meeting he may nominate in writ ing another person from his Ministry or organization to attend that meeting in his place. 324 Temporary membership 4. Where any member ceases to be a member for any reason before the expiration of his term of office, the appointing authority may appoint another in his place and the person so appointed shall hold office for the re mainder of the term of office of his predecessor. Presiding of meeting 5.- (1) The Chairman shall preside at all meetings of the Council. (2) Where at any meeting of the Council the Chairman is absent the Vice-Chairman shall preside. (3) In the absence of both the Chairman and the Vice Chairman at any meeting of the Council, the members present shall, from amongst their number elect a tempo rary Chairman who shall preside at the meeting. (4) The Chairman, Vice-Chairman or a temporary Chair man presiding at the meeting of the Council, shall in the event of an equality of votes shall have a casting vote in addition to his deliberative vote. Meeting and procedure of the Council 6.- (I) The Council shall ordinarily meet for the transac tion of its business not less than twice during every year and at such additional times as may be fixed by the Chair man or, if he is absent from the United Republic or un able for any reason to act, the Vice-Chairman. (2) The Chairman or, in his absence from the United Republic, the Vice-Chairman may, and upon application in writing by at least five members shall, convene a spe cial meeting of the Council at any time. (3) The Secretary of the Council shall give to each member adequate notice of the time and place of each meeting. (4) The Council may invite any person who is not a mem ber to participate in the deliberations of any meeting of the Council, but any person so invited shall not be enti tled to vote. Quorum 7. At any meeting of the Council not less than one half of the members in office for the time being shall consti tute a quorum. PART J: FRAMEWORK LAws AND REGUUTIONS / TANZ4NIA Decision of the Council 8.- (I) Subject to the provisions relating to a casting vote, all questions at a meeting of the Council shall be deter mined by majority of the votes of the members present. (2) Notwithstanding sub-paragraph (l), a decision may be made by the Council without meeting by circulation of the relevant papers among the members, and the ex pression in writing of the views of the majority of the members. 9.- (I) The Council shall cause to be recorded and kept minutes of all business conducted or transacted at its meeting and the minutes of each meeting of the Council shall be read and confirmed or amended and confirmed, at the next meeting of the Council and signed by the per son presiding at the meeting. (2) Any minutes purporting to be signed by the person presiding at a meeting of the Council shall, in the ab sence of proof or error, be deemed to bea correct record of the meeting, whose minutes they purport to be. Vacancies, etc, not to invalidate proceedings 10. The validity of any act or proceeding of the Council shall not be affected by any vacancy among its members or by any defect in the appointment of any of them. Order directions 11. All orders, directions, notices or other documents issued or on behalf of the Council shall be signed by: (a) the Chairman of the Council; or (b) the Secretary or any officer or officers of the Council authorized in writing in that behalf by the Secretary. Seal of the Council 12. The Seal of the Council shall not be affixed to any instrument except in the presence of the Chairman or the Secretary or some other officer of the Council and at least one member of the Council. Council may regulate its proceedings 13. Subject to the provisions of this Schedule, the Coun cil may regulate its own proceedings. Passed in the National Assembly on the sixteenth day of July, 1989. E.E. KAZIMOTO Clerk of the National Assembly 325