Environmental Management Act (CAP. 191)

1. Short title. d w

2. Application. te st rib

3. Interpretation. di u or part ii ed uc GENERAL PRINCIPLES prod

4. Right to clean, safe and healthy environment. be re

5. Right to bring action on environment. ay m

6. Duty to protect environment. ok

7. Principles of environmental management. bo is

8. Obligation to give effect to environmental principles. th of

9. Promotion of National Environmental Policy. rt pa

10. Environment Day. o .N ve d se r part iii ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT re s rig (a) National Environmental Advisory Committee ht ll

11. Establishment and composition of members of Committee. .A ni 12. a Functions of National Environmental Advisory Committee. anza to fT (b) Minister Responsible for Environment 13. en Powers of Minister. m er n Gov (c) Director of Environment 25 14. Director of Environment. 20 © 15. Functions of Director of Environment. 441 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) National Environment Management Council

16. Council.

17. Object for establishment of Council.

18. Functions of Council.

19. Board of Council. . OAG

20. Conduct of business and affairs of Council. of

21. Appointment of Director General. issi

22. Staff and employees of Council. on

23. General powers of Council. erm tp

24. Powers of Council in respect of other agencies. ou ith

25. Powers of Council to ensure compliance. w

26. Performance of functions of Council by other bodies. d te st

27. Common seal of Council. rib u

28. Indemnity of Board, member, etc., from personal liability. di or

29. Conflict of interest. ed uc (e) Sector Ministries prod re

30. Establishment of sector environment section. be

31. Functions of sector environment section. m ay

32. Submission of sector ministries report. ok bo

33. Appointment or designation of Sector Environment Coordinator. is th (f) Regional Secretariat of rt pa

34. Regional coordination on environmental management. o .N

35. Appointment or designation of Regional Environment Management Expert. ve d se re (g) Local Government Authorities r s

36. Functions of local government environmental management officers. right

37. Standing Committees of local government authorities. .A ll

38. Standing Committees in townships, wards, villages and vitongoji. ni a

39. Designation of township, ward, village, mtaa and kitongoji Environment anza Management Officer. fT to 40. en Functions of township, ward, village, mtaa and kitongoji Environment m Management Officer. er G n 41. General powers of city, municipal, district, township, ward, village, ov mtaa and kitongoji Environmental Management Committees. 25 20 © part iv ENVIRONMENTAL PLANNING

42. Local government authorities Environmental Action Plan.

43. Environmental plans at sector level.

44. Environmental planning at national level. 442 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

45. Regulations on preparation, adoption and implementation of action plans.

46. Public participation in preparation of National Environmental Action Plan. part v ENVIRONMENTAL MANAGEMENT . OAG (a) Environmental Protected Areas of

47. Declaration of Environmental Protected Areas. ission

48. Environmental protection plan and ecosystem management plan er for environmental protected areas. tp m ou (b) Environmental Management Plans for National Protected Areas ith w

49. Environmental management plans for national protected areas. d te st rib (c) Conservation and Protection di u

50. Land utilisation management. or ed

51. Environmentally sensitive areas. uc 52. pr Identification of environmentally sensitive areas. od re

53. Environmental conditions to village lands. be

54. Declaration of protected river, riverbank, lake or lakeshore and shorelines. ay m

55. Protection and management of river, riverbank, lake or lakeshore and shorelines. ok

56. Declaration of protected wetlands. bo is

57. Prohibition of human activities in certain areas. th of

58. Protection of mountains, hills and landscapes. pa rt

59. Promotion of coastal zone environmental management. o .N

60. Environmental obligations under water laws. ve d

61. Minister advise on discharge of sewerage. se r 62. re Consultation on discharge. s rig

63. Management of forest resources. ht

64. Promotion of conservation of energy. ll .A 65. ni Promotion of conservation of fisheries and wildlife resources, etc.. a an

66. Conservation of biological diversity. za fT 67. toConservation of biological diversity in-situ. 68. en m Conservation of biological diversity ex-situ. er n 69. Regulation for development, handling, and use of Genetically Modified Gov Organisms and their products. 25 70. Management of rangelands. 20 © 71. Environmental land use planning directives.

72. Obligation to use land sustainably.

73. Protection of natural and cultural heritage.

74. Protection of atmosphere.

75. Measure on climate change. 443 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

76. Management of working environment and dangerous materials and processes.

77. Powers of Minister to make regulation on persistent organic pollutants.

78. Prior informed consent procedures for certain hazardous chemicals and pesticides.

79. Promotion of cleaner production and sustainable consumption of goods . and services. OAG of (d) Economic Instruments ission

80. Economic incentives and instruments for protection of environment. erm tp part vi ou ith ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER ASSESSMENTS w ted

81. Obligation to undertake Environmental Impact Assessment. st rib

82. Environmental Impact Assessment regulations and guidelines. u di

83. Environmental Impact Assessment to be conducted by experts. or ed

84. Issuance of certificate not defence in legal proceedings. uc 85. pr Determination of scope of Environmental Impact Statement. od

86. Environmental Impact Statement. re be

87. Review of Environmental Impact Statement. ay m

88. Inspection visit for purpose of Environmental Impact Statement review. ok

89. Public participation in Environmental Impact Assessment. bo is

90. Public hearing and information disclosure. th of

91. Recommendations on Environmental Impact Statement by Council. rt pa

92. Approval or disapproval of Environmental Impact Statement by Minister. o .N

93. Cancellation of licence upon disapproval of Environmental Impact Assessment. ve d

94. Delegation of powers to approve Environmental Impact Assessment. se r

95. Appeal against decision of Minister on Environmental Impact Assessment. s re 96. rig Maintenance of records of decisions on Environmental Impact Assessment. ht

97. Requirement of fresh Environmental Impact Assessment study. ll .A

98. Offence for contravening Environmental Impact Assessment. ni a an

99. Environmental monitoring. za fT 100.to Monitoring compliance with Environmental Impact Statement. 101. en Environmental audit. m er n 102. Undertaking of safe decommissioning and site rehabilitation. Gov 103. Other assessments. 25 20 © part vii STRATEGIC ENVIRONMENTAL ASSESSMENT

104. Strategic environmental assessment of bills, regulations, policies, strategies, programmes and plans. 444 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

105. Strategic environmental assessment for mineral, petroleum, hydro-electric power and major water project plans. part viii POLLUTION PREVENTION AND CONTROL . OAG

106. General prohibition of pollution. 107. of Powers of Minister to make regulations to prevent and control pollution. issi

108. Integrated pollution prevention and control. on

109. Prohibition of water pollution. erm tp

110. Prohibition to discharge hazardous substances, chemicals materials, oil, etc. ou

111. Duty to keep abreast with technological changes. ith w

112. Duty to disclose information to prevent pollution. d te

113. Prohibition notices on prescribed process or activity. st rib u di or part ix ed WASTE MANAGEMENT uc prod (a) Management of Solid Waste re be

114. Duty of local government to manage and minimise solid waste. ay

115. Disposal of solid waste from markets, business areas and institutions. m ok

116. Storage of solid waste from industries. bo

117. Solid waste collection in urban and rural areas. th is

118. Waste transfer stations. of rt

119. Final disposal of solid waste. o pa .N ve d (b) Management of Litter se

120. Interpretation with regard to management of litter. re r

121. Control of litter in public places. s right

122. Occupiers of private land to clear litter. ll .A ni a (c) Management of Liquid Waste anza

123. On site disposal of liquid waste. fT 124.to Transportation and disposal of liquid waste. en

125. Treatment of liquid waste. m er n 126. Liquid waste disposal. Gov 127. Control and monitoring of sewerage system. 25 20 128. Industrial liquid waste. © 129. Storm water management. (d) Management of Gaseous Waste

130. Gaseous wastes from dwelling houses.

131. Control of industrial gaseous waste.

132. Gaseous and particulate wastes from vehicles. 445 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (e) Management of Hazardous Waste

133. Importation of hazardous waste.

134. Duty of local government authority in relation to hazardous waste.

135. Movement of hazardous waste.

136. Environmental Impact Assessment for hazardous waste. O . AG

137. Final disposal of health care wastes. of

138. Disposal of other wastes. ission

139. General power of local government authorities to minimise waste. erm tp part x ou ENVIRONMENTAL QUALITY STANDARDS ith w d

140. Formulation and approval of environmental quality standards. te st rib

141. Compliance with standards, etc.. u di

142. Enforcement of environmental quality standards. or

143. Water quality standards. uc ed

144. Standards for discharge of effluent into water. prod

145. Air quality standards. re be

146. Standards for control of noxious smells. ay

147. Standards for control of noise and vibration pollution. m ok

148. Standards for sub-sonic vibrations. bo

149. Standards for minimisation of radiation. th is

150. Soil quality standards. of rt pa o part xi .N ENVIRONMENTAL RESTORATION, ve d se EASEMENTS AND CONSERVATION ORDERS re r s right (a) Restoration Orders

151. Environmental restoration order. ll .A

152. Contents of environmental restoration order. ni a 153. an Service of environmental restoration order. za 154.to Advice before issuing environmental restoration order. fT 155. en Duration of environmental restoration order. m er n G (b) Easements Orders ov 25 156. Environmental easements and conservation orders. 20 © 157. Application for environmental easements.

158. Enforcement of environmental easements.

159. Registration of environmental easements.

160. Compensation for environmental easements. 446 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) Conservation Orders

161. Imposition of environmental conservation order. part xii ANALYSIS AND RECORDS . OAG

162. Designation of laboratories for analysis and taking of samples. of

163. Designation of analysts and reference analysts. ission

164. Certificate of analysis and its effect. erm

165. Record keeping of matters impacting on environment. tp

166. Annual submission of records. ou ith

167. Disclosure of analytical results. w d

168. Environmental responsibilities of Government Chemist. te st rib

169. Prescribing mode of cooperation on chemical pollutants. u di

170. Requirement to keep Council informed. or

171. Environmental records on mining activities. uc ed prod part xiii re ENVIRONMENTAL INFORMATION, EDUCATION AND RESEARCH be ay

172. Freedom of access to environmental information. m ok

173. Powers of Council to collect, analyse and disseminate environmental information. bo

174. Central Environmental Information System. is th

175. State of Environment Report. of rt pa

176. Environmental education and awareness. o

177. Environmental research. .N ve d se r re part xiv PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING s right

178. Public participation in environmental decision making. .A ll ni a anza part xv fT INTERNATIONAL AGREEMENTS to 179. en m International Agreements on Environment. er n 180. Transboundary environmental management programmes. Gov 181. Establishment of national offices and focal points. 25 20 © part xvi COMPLIANCE AND ENFORCEMENT

182. Appointment and designation of environmental inspectors.

183. Powers of environmental inspectors.

184. Offences relating to Environmental Impact Assessment. 447 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

185. Offences relating to records.

186. Offences relating to environmental standards.

187. Offences relating to pollution.

188. Offences relating to biological diversity.

189. Offences relating to environmental restoration, easements . O and conservation orders. AG

190. Offences relating to litter. of issi

191. General penalty. on

192. Civil liability. erm

193. Forfeiture, cancellation, community service and other orders. ou tp

194. Compounding of offences. ith w

195. Prevention order to protect environment. d te

196. Protection order against activities adverse on environment. st rib u

197. Emergency protection order. di or

198. Environmental compliance order. ed

199. Cost order. uc prod

200. Offences in relation to environmental inspectors. re

201. Liability of managers of bodies corporate. be

202. Right of individual and legal persons to sue. ay m

203. Defence. ok bo is part xviith of ENVIRONMENTAL APPEALS TRIBUNAL pa rt

204. Establishment and composition of Tribunal. o .N

205. Sources of funds for Tribunal. ve d se

206. Jurisdiction of Tribunal. re r

207. Proceedings of Tribunal. s rig 208. ht Awards of Tribunal. ll

209. Appeals to High Court. ni .A a

210. Immunity of members of Tribunal. anza

211. Remuneration of members of Tribunal. fT 212.to Appointment of Registrar. en m er G n part xviii ov NATIONAL ENVIRONMENTAL TRUST FUND 25 20 © 213. Establishment of National Environmental Trust Fund.

214. Objectives of Fund.

215. Composition and administration of Fund.

216. Annual accounts and audit of fund. 448 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] part xix FINANCIAL PROVISIONS

217. Sources of funds of Council.

218. Bank account and appropriation of funds.

219. Power to raise and guarantee loans. O . AG

220. Investments by Council. of

221. Annual and supplementary budget. ission

222. Accounts and audit. er

223. Annual report. tp m ou ith part xx w GENERAL AND TRANSITIONAL PROVISIONS d te st rib

224. Act to bind Government. u di

225. Saving over recourse to civil litigation. or

226. Range of remedies to injured. ed uc

227. Environmental performance bond. prod

228. Right to compensation. re be

229. Environmental emergency preparedness. ay

230. Regulations. m ok

231. Inconsistency with other legislation.bo

232. Act to be translated into Kiswahili. th is of rt pa SCHEDULES o .N ve d se r re s right ll .A ni a anza fT to en m er n Gov 25 20 © 449 CHAPTER 191 THE ENVIRONMENTAL MANAGEMENT ACT An Act to provide for legal and institutional framework for sustainable . OAG management of environment; to outline principles for management, of is impact and risk assessments, prevention and control of pollution, waste sion management, environmental quality standards, public participation, erm tp compliance and enforcement; to provide basis for implementation ou of international instruments on environment; to provide for ith w implementation of the National Environment Policy; to repeal the d te st rib National Environment Management Act, 1983 and provide for continued di u existence of the National Environment Management Council; to provide or ed for establishment of the National Environmental Trust Fund and to uc pr provide for other related matters. re od be [1st July 2005] ay m [GN. No. 170 of 2005] Acts Nos. ok 20 of 2004 bo 13 of 2016 th is of rt pa o .N 4 of 2021 ve 5 of 2021 d se r re s right PART I ll ni a .A PRELIMINARY PROVISIONS anza Short title fT 1. This Act may be cited as the Environmental Management Act. to en Application er m 2.–(1) [Omitted]. n Gov (2) This Act shall apply to Mainland Tanzania. 25

3. In this Act, unless the context requires otherwise- 20 © Interpretation Cap. 191 “Act” means the Environmental Management Act; “analysis” means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, 450 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] chemical or biological) on any segment of the environment or examination of emissions or recording of noise or sub-sonic vibrations to determine the level or other characteristics of the noise or sub-sonic vibration or its effect on any segments of the environment; . OAG “analyst” means an analyst appointed or designated under of is section 163; sion “beneficial use” means a use of the environment or any erm tp element or segment of the environment that is conducive ou to public health, welfare or safety and which requires ith w protection from the effects of wastes, discharges, emissions d te st rib and deposits; di u “biological diversity” means the variability among living or ed organisms from sources including, terrestrial ecosystems, uc pr aquatic ecosystems and the ecological complexes of which re od they are part; this includes diversity within species, among be species and of ecosystems; ay m “biological resources” include genetic resources, organisms bo ok or parts thereof, populations, or any other biotic component th is or ecosystems with actual or potential use or value for of rt humanity; pa o .N “Board” means the Board of Directors of the National ve d Environment Management Council referred to under se r re section 19(1); s rig “biosafety” means avoidance of risk to the protection of ll ht ni .A a the environment and to human health, as a result of the anza use for research and commerce of genetically modified fT to organisms; en “burdened land” means any land upon which an environmental m er n easement has been imposed; Gov “chemical” means a chemical substance in any form whether by itself or in a mixture or preparations, whether manufactured 25 20 or derived from nature and for the purpose of this Act © includes industrial chemicals, pesticides, fertilizers and drugs; “Council” means the National Environment Management Council referred to under section 16; 451 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “decision-making processes” means institutionalised processes or procedures initiated by public or private institutions with the intention of making decisions with potential to have socio-economic and environmental consequences; “developer” means a person who is developing a project . OAG which is subject to an Environmental Impact Assessment of is process under this Act; sion “Director of Environment” means a Director of Environment erm tp appointed pursuant to section 14; ou “Director General” means the Director General of the National ith w Environment Management Council; d te st rib “economic instrument” as used in this Act means an instrument di u for environmental and natural resources management or ed designed to influence behaviour of economic agents in uc pr order to ensure sustainable use and protection of biophysical re od resources and includes, fiscal instruments, charge systems, be property rights, market creation, performance bonds and ay m deposit refund systems, liability systems, provision of bo ok information and financial instruments; th is “ecosystem” means a dynamic complex of plant, animal, of rt micro-organism communities and their non-living pa o .N environment interacting as a functional unit; ve d “effluent” means gaseous waste, water liquid or other fluid of se r re domestic, agricultural, trade or industrial origin treated s rig ll or untreated and discharged directly or indirectly into ht ni .A a the environment; anza “element” in relation to the environment means any of the fT to principal constituent parts of the environment including en water, atmosphere, soil, vegetation, climate, sound, odour, m er n aesthetics, fish and wildlife; Gov “environment” includes the physical factors of the surroundings of human beings including air, land, water, climate, sound, 25 20 light, odour, taste, micro-organism, the biological factors © of animals and plants, cultural resources and the social economic factor of aesthetics and includes both the natural and the built environment and the way they interact; 452 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “environmental audit” means the systematic, documented, periodic and objective evaluation of how well environmental organisation, management and equipment are performing in conserving or preserving the environment; “environmental easement” means an easement created in . OAG pursuance of section 156; of is “environmental education” includes the process of recognising sion values and clarifying concepts in order to develop skills erm tp and attitudes necessary to understand and appreciate the ou inter-relationship among human beings, their culture ith w and biophysical surroundings; d te st rib “Environmental Impact Assessment” means a systematic di u examination conducted to determine whether or not or ed a programme, activity or project will have any adverse uc pr impacts on the environment; re od “Environmental Inspector” means an inspector appointed be under or designated pursuant to section 182; ay m “environmental management” includes the protection, bo ok conservation and sustainable use of various elements or th is components of the environment; of rt “environmental monitoring” means the continuous or pa o .N periodic determination of actual and potential effects of ve d any activity or phenomenon on the environment whether se r re short-term or long-term; s rig “environmental planning” means planning that takes into ll ht ni .A a account environmental exigenices; anza “environmental resources” includes the resources of the air, fT to land, flora, fauna and water together with their aesthetical en qualities; m er n “environmental restoration order” means an order issued Gov under section 151; “environmentally friendly” includes any phenomenon or 25 20 activity that does not cause harm or degradation to the © environment; 453 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “environmental health” means and comprises of aspects of human health and disease that are determined by factors in the environment; “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitats; . OAG “Fund” means the National Environmental Trust Fund of is established by section 213(1); sion “gaseous wastes” means gaseous emissions referred to under erm tp section 132(1) and includes other emissions which may ou be prescribed; ith w “genetic material” means any material of plant, animal, d te st rib microbial or other organism containing functional units di u of heredity; or ed “Genetically Modified Organism (GMO)” means any biological uc pr entity capable of replication or transfer of genetic information, re od and includes, plant, animals, bacteria and other kinds of be micro-organisms, cell cultures, viruses, plasmids and other ay m kinds of vectors, created and propagated by means of cell bo ok or gene technology in which the genetic material has been th is altered in a way that does not occur naturally; of rt “genetic resources” means genetic material of actual or pa o .N potential value; ve d “good environmental practice” means practice that is in se r re accordance with the provisions of this Act or any other s rig llrelevant law; ht ni “hazardous substance” means any chemical, waste, gas, .A a anza medicine, drug, plant, animal or micro-organism which fT to is likely to be injurious to human health, life or the en environment; m er n “hazardous waste” means any solid, liquid, gaseous or sludge waste Gov which by reason of its chemical reactivity, environmental or human hazardousness, its infectiousness, toxicity, 25 20 explosiveness and corrosiveness is harmful to human © health, life or environment; “industrial waste” means waste emanating from processing industries or non-processing industries that is the source 454 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] of energy, water, treatment plants or communication and includes any other solid wastes referred to under part IX; “in-situ conservation” means conservation of biological diversity within the natural ecosystem and habitat of the biological organism; . OAG “Minister” means the Minister responsible for matters relating of is to the environment; sion “noise” means any pollution caused by sound that is erm tp intrinsically objectionable or that may cause adverse ou effect in human health, life or the environment and ith w includes sound that may be prescribed by the National d te st rib Environmental Standards Committee; di u “ozone layer” means the layer of the atmospheric zone or ed above the planetary boundary as defined in the Vienna uc pr Convention for the Protection of the Ozone Layer, 1985; re od “participation” means opportunity and ability to influence be the outcome of a decision-making process; ay m “Persistent Organic Pollutants (POPs)” has the meaning bo ok ascribed to them under the Industrial and Consumer th is Cap. 182 Chemicals (Management and Control) Act; of rt “polluter-pays principle” means a mechanism whereby the cost pa o .N of cleaning up any element of the environment damaged ve d by pollution, compensating victims of pollution, cost of se r re beneficial uses lost as a result of an act of pollution and s rig llother costs that are connected with or incidental to the ht ni .A a foregoing, is to be paid or borne by the person convicted anza of pollution under this Act or any other applicable law; to fT “pollution” means any direct or indirect alteration of the en physical, thermal, chemical, biological, or radio-active m er n properties of any part of the environment by discharging, Gov emitting, or depositing of wastes so as to adversely affect any beneficial use, cause a condition which is hazardous 25 20 to public health, safety or welfare, or to animals, birds, © wildlife, fish or aquatic life, or to plants or to cause contravention of any condition, limitation, or restriction which is the subject to a licence under this Act; 455 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] measuages, buildings, lands, hereditaments in every tenure and machinery, plant or vehicle used in connection with any trade carried on at any premises; “prior information chemicals” means hazardous chemicals and pesticides that require control in international trade as . OAG provided by the Rotterdam Convention and includes any of is other chemicals or pesticides which have been designated sion as such under any other international agreement to which erm tp the United Republic is a party; ou “project” includes any project, programme or policy that ith w leads to projects which may have an impact on the d te st rib environment; di u “proponent” means a person proposing or executing aor ed project, programme or an undertaking specified in the uc pr Third Schedule; re od “public” means individuals, civil society organisations and be institutions, community based organisations, public and ay m private institutions; bo ok “radiation” has the meaning ascribed to it under the Atomic th is Cap. 188 Energy Act, and includes ionising radiation and any other of rt radiation likely to have adverse effects on human health, pa o .N life or the environment; ve d “risk assessment” means the evaluation of the direct and se r re indirect risks to human and animal health, the environment, s rig llbiological diversity and to the socio-economic conditions ht ni .A a and ethical values of the country or its populace which may anza be posed by the import, contained use, deliberate release or to fT placing on the market of GMOs or its products; en “segment” in relation to the environment, means any portion or m er n portions of the environment expressed in terms of volume, Gov space, area, quantity, quality, time or any combination thereof; 25 20 “sewage” means a combination of excreta, urine, and sullage and © liquid wastes from homesteads, institutional, commercial and industrial processes and operations; 456 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “soil” includes earth, sand, rock, shales, mineral, vegetation, and the flora and fauna in the soil and derivatives thereof such as dust; “solid waste disposal” means the final stage in solid waste management system; . OAG “solid waste” means non-liquid materials arising from of is domestic, street, commercial, industrial and agricultural sion activities and includes refuse or garbage, non-liquid erm tp materials arising from construction and demolition ou activities, garden trimmings and mining operations, dead ith w animals and abandoned car scraps; d te st rib “solid waste management” means an essential service that is di u provided to protect the environment and public health, or ed promote hygiene, recover materials, avoid waste, reduce uc pr waste quantities, decrease emission and residuals and re od prevent spread of diseases; be “standard” means the limits of discharge or emissions ay m established under this Act or under regulations made bo ok pursuant to this Act or any other written law; th is “sustainable development” means development that meets the of rt needs of the present generation without compromising pa o .N the ability of future generations to meet their needs by ve d maintaining the carrying capacity of the supporting se r re ecosystems; s rig “sustainable use” means present use of the environment or ll ht ni .A a natural resources which does not compromise the ability anza to use the same by future generations or degrade the fT to carrying capacity of supporting ecosystems; en “trade” means any trade, business or undertaking whether m er n originally carried on at fixed premises or at varying places Gov which may result in the discharge of substances and energy and includes any activity prescribed to be a trade, 25 20 business or undertaking for the purposes of this Act; © “transfer stations” with respect to solid waste management, means areas of land set aside for collection of solid waste generated from various sources before their final disposal; 457 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “Tribunal” means the Environmental Appeals Tribunal established under section 204; “waste” means any matter whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in a volume, composition or manner likely to . OAG cause an alteration of the environment, and includes waste of is as may be prescribed under this Act; and sion “water” includes drinking water, river, stream, water-course, erm tp reservoir, well, dam, canal, channel, lake, swamp, open ou drain, or underground water. ith w d te st rib PART II di u GENERAL PRINCIPLES or ed uc pr Right to clean, 4.–(1) A person living in Tanzania shall have a right to clean, re od safe and healthy environment safe and healthy environment. be ay (2) The right to clean, safe and healthy environment shall m ok include the right of access by any citizen to the various public bo elements or segments of the environment for recreational, is th of educational, health, spiritual, cultural and economic purposes. pa rt o .N Right to bring 5.–(1) A person may, where a right referred to in section 4 ve action on d environment is threatened as a result of an act or omission which is likely se r re to cause harm to human health or the environment, bring an s rig action against the person whose act or omission is likely to ll ht nicause harm to human health or the environment. .A a anza (2) The action referred to in subsection (1) may seek to- fT to (a) prevent, stop or discontinue any activity or omission, en which is likely to cause harm to human health or the m er n environment; Gov (b) compel any public officer to take measures to prevent or discontinue any act or omission, which is likely to 25 20 cause harm to human health or environment; © (c) require that any on-going activity or omission be subjected to an environmental audit or monitoring; 458 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) require the person whose activity or omission is likely to cause harm to human health or the environment, to take measures to protect the environment or human health; (e) compel the persons responsible for the environmental . OAG degradation to restore the degraded environment as of is far as practicable to its condition immediately prior to sion the damage; and erm tp (f) provide compensation for any victim of harm or ou omission and the cost of beneficial uses lost as a result ith w of an activity that has caused harm to human health or d te st rib the environment. di u (3) The Tribunal, court and a person exercising jurisdiction or ed under this Act in relation to any decision, order, exercise of uc pr any power or performance of any function, shall be guided re od by the following principles of environment and sustainable be development- ay m (a) the precautionary principle; bo ok (b) the polluter pays principle; th is (c) the principle of eco-system integrity; of rt (d) the principle of public participation in the development pa o .N policies, plans and processes for the management of ve d the environment; se r re (e) the principle of access to justice; s rig ll(f) the principle of inter-generational equity and intra- ht ni .A a generational equity; anza (g) the principle of international cooperation in management fT to of environmental resources shared by two or more en states; and m er n (h) the principle of common but differentiated responsibilities. Gov 25 20 Duty to protect 6. A person living in Tanzania shall have a stake and a duty to environment © safeguard and enhance the environment and to inform the relevant authority of any activity and phenomenon that may affect the environment significantly. 459 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Principles of 7.–(1) The objective of this Act is to provide for and promote environmental management the enhancement, protection, conservation and management of the environment. (2) In the promotion of the objective referred to under subsection (1), this Act provides a legal framework necessary . OAG for co-ordinating harmonious and conflicting activities with of is a view to integrating activities into an overall sustainable sion environmental management system by providing key technical erm tp support to sector ministries. ou (3) In achieving the objective of this Act, a person exercising ith w powers under this Act shall observe the principle that- d te st rib (a) the environment is the common heritage of present di u and future generations; or ed (b) adverse effects be prevented or minimised through uc pr long-term integrated planning and coordination, re od integration and cooperation of efforts, which consider be the entire environment as a whole entity; ay m (c) the precautionary principle, which requires that where bo ok there is risk of serious irreversible adverse effects th is occurring, a lack of scientific certainty should not of rt prevent or impair the taking of precautionary measures pa o .N to protect the environment; ve d (d) the polluter pays principle, which requires that any se r re s rig person causing adverse effect on the environment shall ll be required to pay in full social and environmental costs ht ni .A a of avoiding, mitigating, and remedying those adverse anza effects; fT to (e) the public participation principle, which requires en the involvement of the people in the development of m er n policies, plans and processes for the management of Gov the environment; (f) access to environmental information, which enables 25 20 citizens to make informed personal choices and © encourages improved performance by industry and the Government; 460 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) access to justice, which gives individuals, the public and interest groups of persons the opportunity to protect their rights to participation and contest decisions that do not take their interest into account; (h) the generation of waste be minimised, wherever . OAG practicable, waste should, in order of priority be re- of is used, recycled, recovered and disposed of safely in a sion manner that avoids creating adverse effects or if this is erm tp not practicable, is least likely to cause adverse effects; ou (i) the environment and natural resources are vital to ith w peoples livelihood, to be used sustainably in order d te st rib to achieve poverty reduction, and social economic di u development; or ed (j) non-renewable natural resources only be used prudently, uc pr taking into account the consequences for the present re od and the future generations; andbe (k) renewable natural resources and ecosystems only ay m be used in a manner that is sustainable and does not bo ok prejudice their viability and integrity. th is (4) With regard to observance of the principles stipulated of rt under subsection (1), the Minister shall be overall responsible pa o .N for fostering coordination between the Government, ve d local government authorities and other bodies engaged in se r re environmental management as a cross-cutting issue and shall s rig in that respect maintain a system of collaboration, consultation ll ht niand cooperation with any person having functions provided .A a anza under this Act. fT

8. A person performing a public function who, in the course of to Obligation to en give effect to er m environmental n performing that function, is required to take any action, make G principles ov a decision, create, revise, or implement any policy, plan, strategy, 25 20 legislation, guideline or procedure, that is likely to affect the © management, conservation or enhancement of the environment or the sustainable management of natural and cultural resources shall have regard to principles of environmental management. 461 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Promotion 9. A person exercising powers under this Act or under any of National Environmental other written law having a bearing on the management of the Policy environment shall strive to promote and have regard to the National Environmental Policy. . OAG Environment Day 10.–(1) The Minister shall designate a special day to be known of as Environment Day wherein events and activities shall be ission organised to highlight the objectives of the day, purposes of the erm Act and to encourage willingness to pursue activities related toou tp environmental conservation, protection and management. ith w (2) The Government, the Council and relevant institutions d te st shall make efforts to carry out events which support the spirit rib u and objective of the Environment Day. di or ed uc PART III prod re ADMINISTRATION AND be INSTITUTIONAL ARRANGEMENT ay m ok (a) National Environmental Advisory Committee bo is th Establishment 11.–(1) There is established the National Environmental of rt and composition pa of members of Advisory Committee which shall be an advisory body to the o .N Committee Minister. ve d (2) The National Environmental Advisory Committee shall se r re be composed of members whose experience shall reflect the s rig various fields of environmental management in the public, ll ht private sector and the civil society. .A ni a anza (3) The National Environmental Advisory Committee shall fT to consist of the members specified in the First Schedule. en m Functions er n 12. The National Environmental Advisory Committee shall of National Gov Environmental advise the Minister or any sector ministry on any matter which 25 20 Advisory may be referred to it, and in particular, it shall- Committee © (a) examine any matter which may be referred to it by the Minister or any sector ministry relating to the protection and management of the environment and recommend to the Minister or the sector ministry, 462 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] as the case may be, such action as is necessary for achieving the objectives of this Act; (b) advise the Minister on any matter in connection with restocking and limitation of stock; (c) advise the Minister on matters relating to watering, . OAG grazing, depasturing and moving stock; of is (d) make recommendation to the Minister where there is sion degradation of the environment; erm tp (e) review and advise on any environmental standards, ou guidelines and regulations which are to be made ith w pursuant to the provisions of this Act; d te st rib (f) receive and deliberate reports from sector ministries di u on the protection and management of the environment or ed under this Act and other written laws; and uc pr (g) perform other environmental advisory services to the re od Minister as are necessary. be ay m (b) Minister Responsible for Environment bo ok is Powers of 13.–(1) The Minister shall be overall responsible for matters of th Minister relating to environment and in that respect, be responsible for pa rt articulation of policy guidelines necessary for the promotion, o .N protection and sustainable management of environment in ve d se Tanzania. re r (2) The Minister may issue general guidelines to the Sector s right Ministries, Government Departments, the Council, National ll .A ni a Environmental Advisory Committee, City, Municipal or anza District Environmental Management Committee, agency fT to or any other public or private institution necessary for the purposes of implementation of or giving effect to the en m er G n provisions of this Act. ov 25 (3) The Minister may designate and shall, where appropriate, 20 © direct any of the institutions referred to under subsection (2) and within specified time, to perform any function or do any activity or desist from performing any function or doing any activity as a result of which the environment or part of it is or may be seriously endangered or detrimentally affected. 463 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (4) Where the Minister has given a directive pursuant to subsection (3) to any of the bodies in respect to which the directive was issued shall comply or give effect to such directive. (c) Director of Environment . OAG

14. There shall be the Director of Environment and other of Director of is Environment si officers as may be necessary for proper discharge of the on er functions of the office of the Director of Environment. tp m ou ith Functions of 15. On matters pertaining to the management of the d w Director of environment, the Director of Environment shall- te Environment st rib (a) coordinate various environment management activities di u being undertaken by other agencies and promote ed or the integration of environment considerations into pr uc development policies, plans, programmes, strategies, re od projects and undertake strategic environmental be ay assessment with a view to ensuring the proper m ok management and rational utilisation of environmental bo resources on a sustainable basis for the improvement of is th the quality of human life in Tanzania; of rt pa (b) advise the Government on legislative and other o .N measures for the management of the environment ve d or the implementation of the relevant international re se r agreements in the field of environment; s right ll(c) advise the Government on international environmental .A ni a agreements to which Tanzania should be a member or anza withdraw its membership; fT to (d) monitor and assess activities, being carried out by en m relevant agencies in order to ensure that the environment er n is not degraded by the activities, environmental G 25 ov management objectives are adhered to and adequate 20 early warning on impending environmental emergency © is given; (e) prepare and issue a report on the state of the environment in Tanzania; 464 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) coordinate issues relating to articulation and implementation of environmental management aspects of other sector policies; and (g) coordinate issues relating to articulation and implementation of the National Environmental Policy. . OAG of is (d) National Environment Management Council sion er Council 16.–(1) There shall be a Council to be known as the National tp m Act No. 13 of 2016 s. 9 Environment Management Council, also to be known by ou ith acronym “NEMC”. d te w (2) The Council shall- st rib u (a) be a body corporate with perpetual succession and di or common seal; ed (b) in its corporate name, be capable of suing and being uc prod sued; and re (c) for and in connection with the purposes of this Act, be ay be capable of holding, purchasing and otherwise acquiring m ok and disposing of movable or immovable property. bo is (3) Notwithstanding the provisions of this section, the th of Attorney General shall have the right to intervene in any suit pa rt or matter instituted by, or against the Council. o .N (4) Where the Attorney General intervenes in any matter ve d se pursuit to subsection (3), the provisions of the Government re r Proceedings Act shall apply in relation to the proceedings of s Cap. 5 right that suit or matter as if it had been instituted by or against ll .A nithe Government. a anza (5) For the purposes of subsections (3) and (4), the Council fT to shall have a duty to notify the Attorney General of any pending suit or intention to institute a suit or matter by, or against en m er G n the Council. ov 25 20 Object for 17.–(1) The object and purpose for which the Council is © establishment of Council established is to undertake enforcement, compliance, review and monitoring of Environmental Impact Assessment and in that regard, shall facilitate public participation in environmental decision making, exercise general supervision and coordination 465 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] over matters relating to the environment assigned to the Council under this Act or any other written law. (2) The Council shall prepare and submit to the Minister a bi-annual report concerning how it has implemented the provisions of this Act and fulfilled the objects and the purpose . OAG for which it was established. of ission Functions of 18.–(1) The Council may, for the purposes of carrying out its erm Council functions under this Act, do all such acts as may appear to it to ou tp be requisite, advantageous or convenient for or in connection ith w with the carrying out of those functions or to be incidental to d te st their proper performance and may carry on any activities in rib u that behalf either alone or in association with any other person di or or body of persons. ed uc (2) Without prejudice to subsection (1), the Council, in prod collaboration with relevant sector ministries shall- re be (a) carry on environmental audit in relation to section 101; ay m (b) carry out surveys which assist in the proper management bo ok and conservation of the environment; th is (c) undertake and co-ordinate research, investigation and of rt surveys in the field of environment and collect and pa o disseminate information about the findings of such ve .N research, investigation or survey; se r d (d) review and recommend for approval of environment s re rig impact statements; ht (e) identify projects and programmes or types of projects ll .A ni and programmes, for which environmental audit or a anza fT environmental monitoring must be conducted under this Act; to en er n m (f) enforce and ensure compliance of the national Gov environmental quality standards; 25 20 (g) initiate and evolve procedures and safeguards for the © prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur; 466 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (h) undertake, in cooperation with relevant sector ministries programmes intended to enhance environmental education and public awareness about the need for sound environmental management as well as for enlisting public support and encouraging the effort made by . OAG other entities in that regard; of is (i) publish and disseminate manuals, codes or guidelines sion relating to environmental management and prevention erm tp or abatement of environmental degradation; ou (j) render advice and technical support, where possible, to ith w entities engaged in natural resources and environmental d te st rib management so as to enable them to carry out their di u responsibilities; and or ed (k) perform other functions as the Minister may assign to it uc pr or as are incidental or conducive to the exercise by it of re od any or all of the functions provided under this Act. be (3) A person who is aggrieved by the decision of the Council ay m under this section may appeal to the Minister. bo ok is th Board of Council 19.–(1) There shall be a Board of Directors of the Council. of rt (2) The Council shall be managed by the Board, which shall pa o consist of- ve .N (a) the Chairman who shall be appointed by the President; se r d (b) the Director of Environment; and re s rig (c) seven members appointed by the Minister at least two ht of whom being women. ll .A ni (3) The Director General shall be the Secretary to the Board. a anza fT (4) A person shall not be appointed under subsection (2)(a) and (c) unless a person holds at least a degree of a recognised to en er n m university in the fields of environmental law, environmental Gov health science, natural resource management or a relevant social 25 20 science or, in lieu thereof, a person have proven experience © and knowledge in the field of environment management. (5) The members referred to under paragraphs (a) and (c) of subsection (2) shall be appointed at different times so that 467 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] the respective expiry dates of their terms of office shall fall vacant at different times. Conduct of 20.–(1) The Board shall meet at least three times a year. business and (2) Procedure for the conduct of business by the Board and . affairs of Council OAG termination or cessation of membership to the Board shall be of as provided for under the Second Schedule. ission erm Appointment of 21.–(1) There shall be an office of the Director General. tp Director General ou (2) The Director General shall be appointed by the President ith w from among persons who hold a degree from a recognised d te university in the fields of environmental law, environmental st rib u health science, environmental engineering, natural resource di or management and has at least ten years working experience in ed uc the relevant field or any other relevant discipline. prod (3) The Director General shall be the chief executive re be officer of the Council and be responsible for the day to day ay management of the affairs of the Council. m ok (4) The Director General shall hold office for a term of five bo is years and may be eligible for reappointment for another term. th of (5) The Director General shall be responsible to the Board rt pa for the proper administration and management of the function o .N ve and affairs of the Council and discharge other duties as may be se d r assigned to him by the Board. re s (6) The Director General, staff and employees of the Council right shall be paid salaries and allowances as may be determined by ll .A the Government. ni a anza fT Staff and to 22. The Council may appoint officers or other staff as are employees of en m Council necessary for the proper discharge of its functions under this er G n Act or any other written law and upon terms and conditions of ov 25 services as the Board may determine. 20 © General powers of 23. The Council shall have powers necessary for the proper Council performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Council shall have power to- 468 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) control, supervise and administer the assets of the Council in a manner as may best promote the purpose for which the Council is established; (b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Council; . OAG (c) receive any grants, gifts, donations or endowments of is and make disbursements from grants, gifts, donations sion or endowments; erm tp (d) enter into association with other bodies or organisation ou within or outside Tanzania as it may consider desirable ith w or appropriate and in furtherance of the purpose for d te st rib which the Council is established; di u (e) open a bank account or bank accounts for the funds of or ed the Council; and uc pr (f) invest any funds of the Council which are not immediately re od required for its purposes in the manner provided for in be section 220. ay m ok bo Powers of Council 24.–(1) Subject to subsection (2), the Council, after giving is th in respect of other agencies reasonable notice of its intention so to do may, direct any of rt agency to perform, within the time and in a manner as it shall o pa specify, any of the duties imposed upon any agency by or under ve .N this Act or any other written law, in relation to enforcement se r d and compliance and where the agency fails to comply with s re rig the direction, the Council may itself perform or cause to be ht performed the duties in question, and the expense incurred by ll .A ni it in so doing shall be a civil debt recoverable by the Council a anza fT from that agency. (2) The Council shall seek and obtain written authorisation to en er n m of the Minister before exercising power under this section. Gov 25 Powers of 25. The Council shall have and may exercise necessary powers 20 Council to ensure © compliance required to bring about compliance with any directive issued by it and may, in that respect, take or cause to be taken such measures including bringing action in the court of law or the Tribunal. 469 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Performance 26. Subject to this Act, the Council may delegate to any sector of functions of Council by other ministry, environmental management body, employee or agent of bodies the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act. . OAG Common seal of 27.–(1) There shall be a common seal of the Council as may be of Council determined by the Board. ission (2) The common seal of the Council shall not be affixed to erm any instrument except in the presence of the Chairman or the ou tp Secretary or some other officer of the Council and at least oneith w member of the Board. d te st rib u Indemnity of 28. A matter or thing done by the Board, member of the Board, or di Board, member, etc., from employee or agent of the Council shall not, render the Board, ed uc personal liability member, employee or agent personally liable to any action, prod claim or demand in any way, where done in good faith during re be execution of the functions, powers or duties of the Council. ay m ok Conflict of 29. For avoidance of conflict of interest, partiality and for bo interest is the purpose of good practice, an employee or staff of the th of Council, or agent of the Council or any person having pa rt contractual agreement with the Council to conduct reviews o .N of the Environmental Impact Assessment shall not carry out ve d se environmental impact studies consequent upon compliance re r with the requirement of any provision of this Act. s right ll .A ni a (e) Sector Ministries anza Establishment fT 30. There shall be established in each ministry a sector of sector to environment en environment section, which shall have functions and duties as m section er n assigned to them under this Act including- Gov (a) responsibility to ensure compliance by the sector 25 20 ministry with the requirements of this Act; © (b) responsibility to ensure all environmental matters contained in other written law falling under sector ministry are implemented and report of their implementation is submitted to the Director of Environment; and 470 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) liason with the Director of Environment and the Council on matters involving environment and all matters with respect to which cooperation or shared responsibility is desirable or required under this Act. . OAG Functions 31.–(1) A sector environment section shall be required to- of of sector environment (a) advise on and, in collaboration with other bodies, ission section implement the policies of the Government on the erm protection and management of the environment; ou tp (b) coordinate the activities related to the environment ith w within the ministry; d te st (c) ensure that, environmental concerns are integrated into rib u the ministry or departmental development planning di or and project implementation in a way which protects ed uc the environment; prod (d) collaborate with other institutions or agencies, evaluate re be existing and proposed policies and legislation and ay m recommend measures to ensure that those policies bo ok and legislation take adequate account of effects on the th is environment; of rt (e) prepare and coordinate the implementation of pa o environmental action plans at the national and local ve .N levels as required under this Act; se r d (f) promote public awareness of environmental issues through s re rig educational programmes and the dissemination of ht information; ll .A ni (g) refer to the Council any matter related to the enforcement a anza fT for the purposes of this Act; (h) undertake analysis of environmental impact of sectoral to en er n m legislation, regulations, policies, plans, strategies and Gov programs through strategic environmental assessment; 25 20 (i) ensure that, sectoral standards are environmentally © sound; (j) oversee the preparation and implementation of Environmental Impact Assessments required for investments in the sector; 471 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (k) ensure compliance with various regulations, guidelines and procedures issued by the minister; (l) in conjunction with the ministry responsible for local government, provide environmental advice and technical support to district level staff working in the . OAG sector; and of is (m) carry out other functions as are necessary to comply sion with the purposes of this Act. erm tp (2) A sector ministry shall carry out its functions and duties ou in connection with the environment as prescribed in any other ith w law provided that, the law does not conflict with the provisions d te st rib of this Act. di u or Submission of 32.–(1) A sector ministry charged with the management of ed uc sector ministries report any segment of the environment under any other law shall, prod through the Sector Environmental Coordinator, submit to the re be Director of Environment- ay m (a) bi-annual report concerning the state of that segment of bo ok the environment and the measures taken by that sector th is ministry to maintain or improve the environment; of rt (b) a review of environmental law falling under the pa o ministry and the extent of their implementation; and ve .N (c) through its environment section, other report as may se r d sbe required by the Director of Environment. re rig (2) Where a sector ministry suspects or detects any ht contravention of an environmental law beyond its line of ll .A ni responsibility it shall immediately, through its environmental a anza fT section, inform the Director General and the relevant sector ministry. to en m er n G Appointment ov 33.–(1) There shall be appointed or designated by each or designation 25 of Sector sector ministry a person to be known as Sector Environment 20 © Environment Coordinator. Coordinator (2) Sector Environment Coordinator shall be charged with the following functions- 472 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) coordinating activities and performance of the functions relating to the environment; (b) prevention and control of any activity likely to cause or bring about environmental degradation; (c) report on the implementation and enforcement of . OAG environmental provisions of laws falling under the of is jurisdiction of the sector; and sion (d) provide a link between the sector ministry in which erm tp he is employed with the Director of Environment and ou the Council. ith w (3) The Sector Environment Coordinator shall be appointed d te st rib or designated from among officers within each of the sector di u ministry and be a person who possesses adequate knowledge or ed in environmental management. uc prod re (f) Regional Secretariat be ay Regional 34. The Regional Secretariat shall be responsible for m ok coordination on environmental coordination of advice on environmental management in bo is management their respective regions and liaison with the Director of th of Environment and the Director General on the implementation pa rt and enforcement of this Act. o .N ve d Appointment 35.–(1) There shall be appointed or designated by the Minister re se r or designation of Regional responsible for regional administration, a person to be known as the s right Environment Regional Environment Management Expert who shall be charged ll Management .A Expert niwith the responsibility of advising the local authorities on matters a anza relating to the implementation and enforcement of this Act. fT to (2) The Regional Environment Management Expert shall be en m a link person between the region in which he is employed with er n the Director of Environment and the Director General. Gov 25 20 (g) Local Government Authorities © Functions of 36.–(1) There shall be designated or appointed by each local government environmental City, Municipal, District and Town Council an Environment management Management Officer who shall be a public officer and shall in officers the case of- 473 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) geographical jurisdiction of a City, the Environment Management Officer shall be known as the City Environment Management Officer; (b) geographical jurisdiction of a Municipality, the Environmental Management officer shall be known as . OAG the Municipal Environment Management Officer; of is (c) geographical jurisdiction of a District, the Management sion Officer shall be known as the District Environment erm tp Management Officer; and ou (d) geographical jurisdiction of a town, the Management ith w Officer shall be known as the Town Environment d te st rib Management Officer. di u (2) A person designated or appointed by the City, Municipal, or ed District or Town Environment Management Officer shall be uc pr a holder of a degree or diploma of a recognised institution re od of higher learning and has competence in environmental be management. ay m (3) The Environment Management Officer shall- bo ok (a) ensure the enforcement of this Act in the respective th is area to which he belongs; of rt (b) advise the environment management committee to pa o .N which he belongs on matters relating to environment; ve d (c) promote environmental awareness in the area he se r re s rig belongs on the protection of the environment and the ll conservation of natural resources; ht ni .A a (d) gather and manage information on the environment anza and utilisation of natural resources in the area; fT to (e) prepare periodic reports on state of the local environment; en (f) monitor the preparation, review and approval of m er n Environmental Impact Assessments for local investments; Gov (g) review by-laws on environmental management and on sector specific activities related to the environment; 25 20 (h) report to the Director of Environment and the Director © General on the implementation of the Act; and (i) perform other functions as the local government authority may assign. 474 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Standing 37.–(1) The Standing Committee on Urban Planning and Committees of local government Environment established under the Local Government (Urban authorities Authorities) Act, as well as the Standing Committee on Cap. 288 Cap. 287 Economic Affairs Works and Environment established under the Local Government (District Authorities) Act, shall each . OAG be the City, Municipal or District Environment Management of is Committee in respect of the City, Municipal or District to sion which the Standing Committee is established. erm tp (2) The City, Municipal and District Environmental ou Management Committee shall perform functions as are provided ith w for under subsection (1) and (2) of section 57 of the Local d Cap. 288 te st rib Government (Urban Authorities) Act and as the case may be, di u provide under subsection (1) and (2) of section 120 of the Local or ed Cap. 287 Government (District Authorities) Act, as well as regulations uc pr made under each of such laws. re od (3) Without prejudice to subsection (2), the City, Municipal be and District Environmental Management Committee shall ay m also- bo ok (a) perform additional functions as are prescribed by this th is Act or as may, from time to time, be assigned to any of rt one of such city, municipal or district by the Minister pa o .N by notice published in the Gazette; and ve d (b) carry out directives given to them by the Minister se r re rig sin relation to the promotion and enhancement of ll sustainable management of the environment. ht .A ni

38.–(1) A Standing Committee of Economic Affairs, Works and a Standing an Committees inza fT townships, wards, Environment of- (a) a township; to villages and en vitongoji er n m (b) a special committee; and Gov (c) the Ward Development Committee, 25 20 Cap. 287 of the Local Government (District Authorities) Act shall, in © relation to an area to which it is established- (i) be responsible for the proper management of the environment in respect of the area in which they are established; 475 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (ii) perform additional functions as are prescribed by this Act or as may be assigned to each or any one of them by the Minister or the Council; (iii) carryout directives given to them by the Minister in relation to the promotion and enhancement of . OAG sustainable management of the environment; and of is (iv) perform any other function or discharging any sion other duty relating to ancillary or incidental erm tp to proper management of the environment as ou are provided for under the Local Government ith w (District Authorities) Act. d Cap. 287 te st rib (2) The Village Development Committee of each village shall di u be responsible for the proper management of the environment or ed in respect of the area in which it is established and may perform uc pr mutatis mutandis any other functions as are provided for under re od subparagraphs (i), (ii), (iii) and (iv) of subsection (1). be ay m Designation of 39. The District Council shall designate for each administrative bo ok township, ward, village, mtaa area of a township, ward, village, mtaa and kitongoji a public th is and kitongoji officer who in the case of geographical jurisdiction of - of Environment rt Management (a) a township be known as the Township Environment pa o Officer Management Officer; ve .N (b) a Kitongoji, be known as the Kitongoji Environment se r d sManagement Officer; re rig (c) a Ward, be known as the Ward Environment Management ht Officer; ll .A ni (d) a Mtaa, be known as the Mtaa Environment Management a anza fT Officer; and (e) a Village, be known as the Village Environment to en er n m Management Officer. Gov 25 Functions of 40. The functions of the township, ward, village, mtaa 20 township, ward, © village, mtaa and kitongoji Environment Management Officer shall be and kitongoji to coordinate functions and activities geared towards the Environment Management protection of environment within the area of the township, Officer ward, mtaa, village and kitongoji or as the case may be, within the district to which he is designated. 476 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] General powers 41. An Environmental Management Committee shall, in of city, municipal, district, relation to an area to which it is established, have powers to- township, ward, (a) initiate inquiries and investigations about any allegation village, mtaa and kitongoji related to the environment and to the implementation or violation of the provisions of this Act; . Environmental OAG Management Committees (b) require any person to provide information or explanation of is about any matter related to the environment; sion (c) resolve conflict among individual persons, companies, erm tp agencies, on governmental organisations, Government ou departments or institutions about their respective ith w functions, duties, mandates, obligations or activities d te st rib under this Act; di u (d) inspect and examine any premises, street, vehicle, aircraft or ed or any other place or article which it believes or uc pr have reasonable cause to believe that pollutant or other re od articles or substances believed to be pollutant is kept or be transported; ay m (e) require any person to remove at own cost any article or bo ok substance from any place which it believes such article th is or substance may be safely kept or destroyed without of rt causing harm to health; and pa o .N (f) initiate proceedings of civil or criminal nature against ve d any person, company, agency, department or institution se r re rig s that fails or refuses to comply with any directive issued ll ht by any of such Committees. .A ni a anza PART IV fT to ENVIRONMENTAL PLANNING en m Local government 42.–(1) A local government authority shall, prepare the er n G authorities 25 ov Environmental Environmental Action Plan below the National Environmental 20 Action Plan Action Plan with respect to its geographical area of jurisdiction. Act No. © 13 of 2016 s. 10 (2) The Environmental Action Plan made by local authorities shall- (a) be in conformity with the National Environmental Action Plan; 477 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) identify environmental problems prevalent in the area and recommend measures to mitigate the problems; (c) be prepared in accordance with the provisions of Part XIV; and (d) contain matters as may be prescribed for under this Act. . OAG (3) The local government authorities shall submit to the of is Minister environmental action plans prepared in respect of sion their areas of jurisdiction. erm tp ou Environmental 43.–(1) The Minister shall make rules prescribing for the ith w plans at sector level preparation of periodic environmental plans at sector level. d te st (2) For the purposes of this section, “sector ministry” shall rib u be construed to mean a government ministry or department or di or agency responsible for a given segment of the environment or ed uc any body whose activity may have impact on the environment. prod (3) At an interval of every five years, each sector ministry shall re be prepare and submit to the Minister, a Sector Environmental ay m Action Plan. bo ok (4) A Sector Environmental Action Plan shall- th is (a) be in conformity with the National Environmental Action of rt Plan; pa o (b) identify environmental problems prevalent in the area ve .N and recommend measures to mitigate the problems; se r d (c) be prepared in accordance with provisions of Part XIV s re rig of this Act; and ht (d) contain matters as may be prescribed for under this Act. ll .A ni a an Environmental fT za

44.–(1) The Director of Environment, in consultation with planning at to national level en the Council, appropriate sector ministry or department, or er m agency of the Government responsible for a segment of the n Gov environment and whose nature of activity may have impact on 25 environment, at interval of every five years, shall prepare and 20 © submit to the Minister a National Environmental Action Plan. (2) National Environmental Action Plan shall- (a) be the basis for integrating environmental concerns into formulation and implementation of plans and programmes; 478 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) provide general guidance for the management and protection of the environment and natural resources; (c) identify key environmental problems facing each sector of the environment; (d) recommend methods for building national awareness . OAG on the importance of sustainable use of the environment of is and natural resources for national development; sion (e) take into account action plans prepared under the erm tp auspices of the local government authorities, sector ou ministries and any other levels designated by the ith w Minister; d te st rib (f) contain an analytical profile of the various uses and values di u of the natural resources incorporating considerations or ed of intergenerational equity; uc pr (g) recommend appropriate legal and fiscal incentives that re od may be used to encourage the business community be to incorporate environmental requirements into their ay m planning and operational processes; bo ok (h) identify and appraise trends in the development of urban th is and rural settlement, their impacts on the environment of rt and strategies for the amelioration of their negative pa o .N impacts; ve d (i) propose guidelines for the integration of standards of se r re rig s environmental protection into development planning ll ht and management; ni a .A (j) prioritise areas of environmental research and outline anza methods of using the research findings; fT to (k) identify and recommend policy and legislative approaches en for preventing, controlling or mitigating specific as well m er n as general adverse impacts on the environment; and Gov (l) provide for any other matter which the Minister may direct. 25 20 © Regulations on 45. The Minister may make regulations prescribing for the preparation, adoption and procedure and the manner in which Environment Action Plan implementation may be prepared, adopted and implemented. of action plans 479 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Public 46. The Minister shall, in accordance with Part XIV, facilitate participation in preparation participation of the general public in the preparation and of National dissemination to the public the National Environmental Environmental Action Plan Action Plan. . OAG PART V of issi ENVIRONMENTAL MANAGEMENT on erm (a) Environmental Protected Areas ou tp ith Declaration of 47.–(1) The Minister, on recommendation of the National d w Environmental Environmental Advisory Committee may declare any area te Protected Areas st rib of land which is ecologically fragile or sensitive to be an di u Environmental Protected Area. ed or (2) The powers conferred on the Minister under this section pr uc shall not extend to cover areas already declared or which may re od be declared as protected area under any other written law. be ay (3) In determining whether or not to declare any area as an m ok Environmental Protected Area, the Minister shall have regard to- bo (a) representations made by any person or non-governmental is th organisations with sufficient public or private interest of rt pa in the area; o .N (b) the natural features and beauty of the area; ve d (c) flora and fauna of the area; re se r (d) the unique or special geographical, physiographical, s right ll ecological or historic and cultural features of the area; .A ni a (e) any special scientific feature, cultural feature or biological anza diversity existing in the area; fT to (f) the interests of the local communities in or around the en m area; and er n (g) the need for the Government to comply with any G 25 ov international obligation under any agreement to which 20 Tanzania is a member. © (4) The management of the Environmental Protected Area shall be vested to the Council. (5) The Minister shall cause to be Gazetted and declare Environmental Protected Areas to be managed by the Council. 480 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Environmental 48.–(1) Where an area has been declared to be an protection plan and ecosystem Environmental Protected Area, the Council, in consultation management plan with relevant sector shall, prepare an environmental protection for environmental protected areas plan for that area. (2) The environmental protection plan shall- . OAG (a) set out the objectives of protecting and managing the of is area; sion (b) set out policies for the protection and management of erm tp the area; ou (c) formulate strategies for protection and management of ith w the area; d te st rib (d) provide for the development of social amenities and di u recreational facilities where necessary;or ed (e) facilitate the carrying out of scientific research; and uc pr (f) incorporate all necessary requirements for environment re od management plans. be (3) Notwithstanding the provisions of subsections (1) and ay m (2), the Council may prepare an ecosystem management plan bo ok for an Environmental Protected Area. th is of rt (b) Environmental Management Plans pa o for National Protected Areas .N ve d

49.–(1) A national protected area shall be governed and se Environmental re r management plans for national managed in accordance with the respective written law under rig s ht protected areas which it is protected. ll .A ni a (2) Notwithstanding the provisions of subsection (1), a anza managing authority of a national protected area shall prepare fT to and implement an environmental management plan which- (a) identifies areas of biological diversity; en m (b) identifies associated communities, other users and er n Gov 25 institutions to be involved; 20 © (c) describes extension and education work with communities and other users on the establishment of the protected areas; (d) indicates costs and benefits of the area’s protection in a manner considered equitable by the person’s identified under subsection (1) (b); 481 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (e) describes the boundaries of the national protected area; (f) defines the management measures to be taken within the national protected area; (g) outlines the regulations applicable to the national protected area; . OAG (h) prescribes means to monitor the implementation of the of is plan; sion (i) describes any other matter relevant to environmentally erm tp sound management of the national protected area; ou (j) is approved by the relevant authority having mandate ith w and is under the jurisdiction of that protected area; and d te st rib (k) is published, where appropriate, in the Gazette by the di u Minister responsible for the national protected areas or ed systems. uc pr (3) Management measures that may be taken pursuant to re od subsection (1) (f) may include- be (a) zoning; ay m (b) access restrictions; bo ok (c) use restrictions; th is (d) benefit sharing; of rt (e) entrance fees and permits; and pa o .N (f) any other measure deemed appropriate for proper and ve d sound use of the area. se r re s rig ll ht (c) Conservation and Protection .A Land utilisation ni50. The Management and utilisation of land shall be in a management anza accordance with the prevailing land laws provided that, fT to where there is any conflict on environmental aspect of land management, the provisions of this Act shall prevail. en m er n G 25 ov Environmentally 51.–(1) Where the Minister considers it necessary, he may, sensitive areas 20 declare any area to be environmental sensitive under this Act, © by order published in the Gazette. (2) Management of environmental sensitive area under this section shall be done in accordance with procedures prescribed by the Minister. 482 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) A person who fails, neglects or refuses to comply with procedures prescribed to regulate environmentally sensitive areas commits an offence. Identification of 52. Without prejudice to section 51, the following land shall . OAG environmentally sensitive areas constitute environmentally sensitive areas for the purposes of of this Act- ission (a) swamps; erm (b) any area declared as environmentally sensitive by any ou tp local government authority; ith w (c) area designated by the Council as prone to soil erosion; d te st (d) land designated by the Council as lands where landslides rib u have occurred or are likely to occur; di or (e) areas that have been closed by the Minister to livestock ed uc keeping, occupation, cultivation and other specified prod activities; re be (f) area on slopes with a gradient exceeding any angle which ay m the Minister, after taking account of proper scientific bo ok advice, shall specify; th is (g) arid and semi-arid lands; of rt (h) land specified by the Council as land which should not pa o be developed on account of its fragile nature or of its ve .N environmental significance; and se r d (i) land declared under any other written law to be re s rig ll htenvironmentally sensitive area or hazardous land. .A

53. Apart from the terms and conditions prescribed by of the ni Environmental a an conditions to village lands fT za Village Land Act regarding village lands or on land sharing Cap. 114 en to arrangement between pastoralists and agriculturalists as er m provided for in the Village Land Act, the Minister may prescribe n Gov any other additional environmental protection conditions to be 25 complied with by the grantees of customary rights of occupancy. 20 © Declaration of 54.–(1) Notwithstanding any other written law for the time protected river, riverbank, lake being regulating rivers, riverbanks, lakes or lakeshores and or lakeshore and shoreline, the Minister, in consultation with other relevant shorelines Ministries, by notice published in the Gazette may- 483 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) declare a river, riverbank, lake, or lakeshore and shoreline a protected area for the purposes of this Act; and (b) impose any restrictions as he considers necessary for the protection of the river, riverbank, lake or lakeshore and shorelines from environmental degradation. . OAG (2) While exercising powers under subsection (1), the of is Minister shall have regard to- sion (a) the geographical size of the river, riverbank, lake or erm tp lakeshore and shoreline; ou (b) the interests of the communities resident around ith w the river, riverbank, lake or lakeshore and shoreline d te st rib concerned; and di u (c) any advise that may be given by sector ministries. or ed uc Protection and 55.–(1) Without prejudice to the provisions of any other prod management of relevant written law, the Council and local government re river, riverbank, be lake or lakeshore authorities responsible for environmental matters, shall ay m and shorelines issue guidelines and prescribe measures for the protection of bo ok riverbanks, rivers, lakes or lakeshores and shorelines. th is (2) Where guidelines and measures have been prescribed of rt pursuant to subsection (1), it shall be an offence to carry out pa o any of the following activity without prior authorisation or ve .N permit issued by the Minister- se r d (a) use, erect, construct, place, alter, extend, remove or re s rig demolish a structure in or under the ocean or natural ht lake shorelines, riverbank or water reservoir; ll .A ni (b) excavate, drill, tunnel or disturb the shoreline of ocean a anza fT or natural lake, river bank or water reservoir; (c) introduce or plant any part of a plant, plant specimen to en er n m whether alien or indigenous, dead or alive in an ocean, Gov river, riverbank, lake or lakeshore; 25 20 (d) deposit a substance in a river, river bank, lake or, © lakeshore, shoreline or wetland or in or under its bed, which is likely to have adverse environmental effects on river, river bank, lake or lakeshore, shoreline or wetland; (e) direct or block a river, river bank, lake or lakeshore, shoreline or wetland from its natural course; or 484 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) drain a river or lake. (3) A person contravening the provisions of this section commits an offence. (4) The Minister may delegate his powers under this section to the Director of Environment or an officer of the local . OAG government authority or an officer in the sector ministry. of ission Declaration 56.–(1) The Minister, after consultation with the Minister erm of protected wetlands responsible for land, shall declare any area of land to be a ou tp protected wetland. ith w (2) For purposes of management of wetlands declared under d te st subsection (1), sector ministries under whose jurisdiction any rib u area of wetland falls, shall be responsible for the management di or of wetlands falling under their respective jurisdiction. ed uc (3) Sector environmental coordinators shall furnish to the prod Director of Environment information on the management and re be status of wetlands falling under their respective jurisdiction. ay m (4) The conditions prescribed under section 55(2) shall bo ok apply mutatis mutandis to wetlands. th is (5) The Minister in consultation with other sector ministries of rt may make regulations and guidelines on the sustainable pa o management of wetlands protected. ve .N d se r Prohibition of 57.–(1) Subject to subsection (2), a human activities of a re human activities s in certain areas permanent nature or which may, by their nature, likely to right Acts Nos. compromise or adversely affect conservation and or the ll .A 13 of 2016 s. 11 protection of ocean or natural lake shorelines, riverbank, water ni a 4 of 2021 s. 6 an fT za dam or reservoir, shall not be conducted within sixty metres: en to Provided that, where an agreement provides for special er m arrangement relating to the implementation of this provision n Gov and the said arrangement has been approved by the Cabinet, 25 the application of the provision of this section shall not 20 © prejudice the implementation of such agreement. (2) For the purpose of subsection (1), the computation of sixty metres shall be reckoned- (a) in the case of ocean or a natural lake, from the highest water mark; and 485 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) in the case of rivers, water dams or reservoirs, from the banks. (3) In this section, “highest water mark” means the level reached by sea or lake water at high tide. (4) The Minister may make guidelines for the conduct of . OAG human activities within the areas referred to under subsection (1). of ission Protection of 58.–(1) The Council in consultation with local government erm mountains, hills and landscapes authorities, within five years of coming into operation of this ou tp Act shall, identify hilly or mountainous areas, which are at risk ith w from environmental degradation. d te st (2) A hilly or mountainous area shall be regarded to be at rib u risk from environmental degradation where- di or (a) it is prone to soil erosion; ed uc (b) landslides have occurred or are likely to occur in that prod area; re be (c) vegetation cover has been removed or is likely to be ay m removed from the area at a rate faster than it is being bo ok replaced; or th is (d) any other land use activity in that area is likely to lead of rt to environmental degradation. pa o (3) The Minister, by Order in the Gazette, shall issue a list ve .N of landscapes, mountains and hilly areas regarded to be at risk se r d from environmental degradation. re s rig (4) A list of all areas referred to under subsection (3) shall be ht kept under the custody of Council and be treated as protected ll .A ni area and, in relation therewith, the Council shall prescribe a anza fT strategies for their management. to en Promotion of er m 59. The Minister, after consultation with the Minister coastal zone n G environmental ov responsible for local government authorities and any other 25 management relevant institutions, shall make regulations for the promotion 20 © of integrated coastal zone environmental management. Environmental 60.–(1) An applicant for water use permit issued under the obligations under water laws relevant laws governing management of water resources, abstraction and use of water, shall be required to make a 486 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] statement on the likely impact on the environment due to the use of water requested. (2) For the purposes of keeping records of matters impacting on the environment by reason of abstraction and use of water, the Basin Water Boards shall file yearly returns to the Sector . OAG Environmental Coordinator indicating extent of compliance of is by water use permit holders of the following conditions- sion (a) obligation to return water after its use to the body of erm tp water from which it was taken; ou (b) ensuring that, water that is returned to any specified ith w source is not polluted; and d te st rib (c) taking of the precautions to the satisfaction of the water di u officer to prevent accumulations in any river, stream or or ed water course of silt, sand, gravel, stones, sawdust refuse, uc pr sewerage, sisal waste or any other substances likely to re od affect injuriously the use of such water by human and be other components of environment. ay m (3) Basin Water Boards in prioritising different uses of bo ok water shall ensure that, adequate water is made available for th is environmental purposes. of rt pa o Minister advise 61. Without prejudice to the powers of the local government ve .N on discharge of sewerage authorities on matters relating to the discharge of sewerage, the se r d Minister may advise and where appropriate, issue any direction s re rig to a person, officer or authority on the discharge. ll ht .A

62. The Minister shall consult and advise the Minister ni Consultation on a an discharge fT za responsible for water on the making of rules governing issuance en to of permits for the discharge of effluent. m er G n Management of 63.–(1) Forests shall be managed in accordance with the ov forest resources 25 Cap. 323 provisions of the Forests Act and matters relating to environment 20 © shall conform with the provisions of this Act. (2) Where any matter concerning management of environment Cap. 323 undertaken according to the provisions of the Forests Act, is in conflict with this Act, the provision of this Act shall prevail. 487 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) The Minister, in relation to the making of rules on environmental management of forest resources, shall consult the Minister responsible for forestry. Promotion of 64. The Minister, in consultation with Minister responsible for . OAG conservation of energy forestry or as the case may be, energy, shall promote the use of of renewable sources of energy by- ission (a) promoting research in appropriate renewal sources of erm energy; ou tp (b) creating incentives for the promotion of renewable ith w sources of energy; d te st (c) promoting policies and measures for the conservation rib u of non-renewable sources of energy; and di or (d) taking measures to encourage the planting of trees and ed uc woodlots by individual users, institutions and community prod groups. re be ay

65.–(1) Fisheries resources shall be managed in accordance m Promotion of ok conservation with the provisions of the Fisheries Act and the Marine Parks bo of fisheries and is wildlife resources, and Reserves Act. th of etc. (2) Wildlife resources shall be managed in accordance with rt pa Cap. 279 the provisions of the legislation relating to wildlife matters. o Cap. 146 .N ve (3) Tourism activities shall be conducted and managed in se d r accordance with the laws related to tourism. s re (4) Where any matter concerning the management of right environment undertaken in accordance with the provision of ll .A the Fisheries Act, the Marine Parks and Reserves Act or any ni Cap. 279 a an Cap. 146 fT za law governing conservation of wildlife and tourism laws is in en to conflict with this Act, this Act shall prevail. m er G n Conservation 66.–(1) The Minister shall strive to attain the conservation of ov of biological 25 diversity biological diversity, the sustainable use of its components and 20 © the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. (2) The powers of the Minister under this section shall in general include, regulating appropriate access to genetic resources and by appropriate transfer of relevant technologies, 488 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] taking into account rights over those resources, indigenous knowledge, technologies and appropriate funding. (3) The Minister after consultation with relevant sector ministry and taking into account of any particular conditions and capabilities, may make regulations prescribing- . OAG (a) the development of national strategies, programmes of is or plans for the conservation and sustainable use of sion biological diversity; erm tp (b) adaptation of existing strategies, plans or programmes ou for the purposes of conservation of biological diversity; ith w (c) integration as far as possible and as appropriate, of d te st rib the conservation and sustainable use of biological di u diversity into relevant sectoral or cross-sectoral plans, or ed programmes and policies; uc pr (d) identification of the components of biological diversity re od important for conservation and sustainable use, having be regard to any international standards applicable to ay m Tanzania; bo ok (e) monitoring through sampling and other techniques, the th is components of biological diversity, paying particular of rt attention to those requiring urgent conservation pa o .N measures and those which offer the greatest potential ve d for sustainable use; se r re (f) identifying the processes and categories of activities s rig ll which have or are likely to have significant adverse ht ni .A a impacts on the conservation, equitable sharing and anza sustainable use of biological diversity, and monitoring fT to their effects through sampling and other techniques; and en (g) maintenance and organisation by any mechanism or data m er n derived from identification and monitoring activities Gov pursuant to this section. 25 20 © Conservation 67.–(1) The Minister, in consultation with relevant sector of biological diversity in-situ ministry, may make regulations providing for in-situ conservation of biological diversity. (2) Regulations made under this section may prescribe: 489 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) procedures for the establishment of systems of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) guidelines for the selection, establishment and management of protected areas or areas where special . OAG measures need to be taken to conserve biological diversity; of is (c) how to regulate or manage biological resources important sion for the conservation of biological diversity whether erm tp within or outside protected areas, with a view to ensuring ou their conservation and sustainable use; ith w (d) the promotion of protection of ecosystems, natural d te st rib habitats and the maintenance of viable populations of di u species in natural surroundings; or ed (e) the promotion of environmentally sound and sustainable uc pr development in areas adjacent to protected areas with a re od view to furthering protection of these areas; be (f) rehabilitation and restoration of degraded ecosystems ay m and promotion of the recovery of threatened species, bo ok inter alia, through the development and implementation th is of plans or other management strategies; of rt (g) establishment or management of the risks associated with pa o .N the use and release of living modified organisms resulting ve d from biotechnology which are genetically modified and se r re rig s which are likely to have adverse environmental impacts ll ht that could affect the conservation and sustainable use ni .A a of biological diversity, taking into account the risks to anza human health as well as social, economic cultural and fT to ethical concern; en (h) prevention of the introduction of, control or eradication m er n of those alien species which threaten ecosystems, habitats Gov or species; (i) furnishing conditions that may be needed for compatibility 25 20 between present uses and the conservation of biological © diversity and the sustainable use of its components; 490 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (j) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (k) adopt economically and socially sound measures that act as incentives for the conservation and sustainable . OAG use of components of biological diversity; of is (l) promotion and encouragement of the equitable sharing sion of the benefits arising from the utilisation of knowledge, erm tp innovations and practices; and ou (m) procedures for the establishment of a system or systems ith w of protected areas or areas where special measures need d te st rib to be taken to conserve biological diversity. di u or Conservation 68. The Minister, in consultation with relevant Ministries, may ed uc of biological diversity ex-situ make rules with respect to ex-situ conservation prescribing the prod following measures: re be (a) adopt measures for the ex-situ conservation of components ay m of biological diversity originating in Tanzania; bo ok (b) establish and maintain facilities for ex-situ conservation th is and research on plants, animals and micro-organisms, of rt preferably in the country of origin of genetic resources; pa o (c) adopt measures for the recovery and rehabilitation of ve .N threatened species and for their reintroduction into se r d their natural habitats under appropriate conditions; s re rig (d) regulate and manage collection of biological resources ht from natural habitats for ex-situ conservation purposes ll .A ni so as not to threaten ecosystems and in-situ populations a anza fT of species; (e) adopt economically and socially sound measures that to en er n m act as incentives for the conservation and sustainable Gov use of components of biological diversity; and 25 20 (f) cooperate in providing financial and other support for © ex-situ conservation. 491 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Regulation for 69.–(1) Without prejudice to any law governing biosafety and development, handling, and biotechnology, a person who develops, handles, uses, import or use of Genetically export Genetically Modified Organisms (GMO) and, or their Modified Organisms and product shall be under general obligation to ensure that, such organisms do not harm, cause injury or loss to the environment . their products OAG and human health including socio-economic, cultural and of is ethical concerns. sion (2) The “harm”, “injury” or “loss” include personal injury, erm tp damage to property, financial loss, and damage to environmentou or to biological diversity. ith w (3) In this section “organisms” means any active, ineffective d te st rib or dormant stage of life form of an entity characterised as di u living, including plants, bacteria, fungi, mycoplasmas like entities, or ed vertebrate and invertebrate animals, as well as entities such as uc pr various viruses or any living entity related to it. re od be Management of 70.–(1) The Minister, in consultation with relevant sector ay m rangelands ministries, may issue guidelines and prescribe measures for bo ok the sustainable management and utilisation of rangelands. th is (2) The Minister in issuing the guidelines and prescribing of rt measures referred to in subsection (1), shall be guided by- pa o (a) the carrying capacity of the land; ve .N (b) the conservation of the soil; se r d (c) the risk to desertification faced by rangeland; and re s rig (d) any other factor, which the Minister may in consultation ht with relevant sector ministries, consider appropriate. ll .A ni a an Environmental fT za

71. The Minister, in consultation with the Minister responsible land use planning to directives en for land, may give general and specific environmental and land er m use planning directives which shall be incorporated or taken n Gov into account by- 25 (a) the National Land Use Planning Commission; 20 © (b) the Area Planning Committees established under any law regulating urban planning; (c) sewerage authorities; 492 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) local government authorities responsible for any rural or urban planning functions; (e) relevant local government authorities when preparing, any land use regulations designating areas set aside for residential, commercial, industrial, pastoral and . OAG agricultural purposes; and of is (f) any other institution carrying on responsibility touching sion on land use. erm tp ou Obligation to use 72. Land users and occupiers shall be responsible for the ith w land sustainably protection, improvement and nourishment of the land, and for d te st using it in an environmentally sustainable manner as may be rib u prescribed by the Minister. di or ed uc Protection of 73.–(1) A matter or activity relating to protection and prod natural and cultural heritage conservation of natural and cultural heritage shall take re be into account necessary requirements for the protection of ay environment as provided for under this Act. m ok (2) Where any matter concerning management of the bo is environment undertaken according to any written law is in th of conflict with this Act, this Act shall prevail. rt pa o .N Protection of 74.–(1) The Minister, in consultation with the relevant sector ve d atmosphere se ministry shall- re r (a) undertake or commission other persons to undertake s right ll .A national studies and give due recognition to development ni a in scientific knowledge relating to substances, activities anza and practices that deplete the stratospheric ozone fT to layer and other components of the stratosphere to the en m detriment of public health and the environment; er G n (b) issue guidelines and institute programmes relating to- ov 25 (i) the elimination of substances that deplete the 20 © ozone layer; (ii) management practices and activities likely to lead to the degradation of the ozone layer and the stratosphere; or 493 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (iii) the reduction and minimisation of risks to human health created by the degradation of the ozone layer and the stratosphere. (2) The Minister may make regulations for control of importation, exportation and consumption of ozone depleting . OAG substances or related equipment. of ission Measure on 75. The Minister, in consultations with relevant sector erm climate change Ministries shall- ou tp (a) take measures to address climate change, particularly ith w the impacts of climate change and adaptation measures; d te st (b) issue guidelines periodically to Ministries and any rib u other institutions in order to address climate change di or and its impacts as a result of global warming; ed uc (c) require Ministries and independent Government prod departments to put in place strategies and action plans re be to deal with climate change and to advise schools and ay m higher learning institutions to include matters relating bo ok to climate change in their curricula; th is (d) review and approve any measures undertaken to of rt address climate change by any institution, firm, sector pa o or individuals be it foreign or local, including those ve .N related to the use of land, water, forests or any other se r d ecosystems within the United Republic to sequester s re rig greenhouse gases; and ht (e) project national positions at global level on how to deal ll .A ni with the problems of climate change in the context of a anza fT the United Nations Framework Convention on Climate Change and its related protocol(s). to en m er n G Management ov 76.–(1) The Minister, in consultation with relevant Ministries, of working 25 environment may prescribe measures for the improvement of the working 20 © and dangerous environment. materials and processes (2) The Minister may, prescribe in the regulations any description of process of substance to be dangerous process, the carrying on of which or the release from it of dangerous 494 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] materials into the environment, is subject to control under this Act. (3) Regulations made by the Minister pursuant to subsection (2) may- (a) prescribe separately for each environmental medium, . OAG the substances the release of which into that medium of is shall be subject to control; sion (b) provide that, a description of substance is only prescribederm tp for any environmental medium so far as it is releasedou into that medium in the amounts over periods in ith w concentrations or other circumstances as may be specified d te st rib in the regulations; and di u (c) prescribe conditions of authorisation and matters implied or ed in the authorisation of application of the process and uc pr release of substances into the environment. re od be Powers of 77.–(1) For the purpose of eliminating releases of persistent ay m Minister to make regulation on organic pollutants- bo ok persistent organic (a) each sector Ministry shall take the legal and administrative th is pollutants measures necessary to reduce or eliminate releases of of rt intentionally produced persistent organic pollutants in pa o its production, use, import and export in accordance ve .N with the provisions of the Stockholm Convention; se r d (b) the Director of Environment in consultation with re s right respective sector Ministries may establish a list of chemicals for which the Government shall request ll .A ni specific exemption under the Convention; and a anza fT (c) each sector Ministry shall take measures to reduce the total releases derived from anthropogenic sources of to en er n m unintentionally produced persistent organic pollutants Gov (2) The Minister shall by regulations in the Gazette, prescribe 25 20 persistent organic pollutants which shall not be used. © (3) The Director of Environment shall prepare and oversee a National Implementation Plan for the Stockholm Convention as provided in the Convention. 495 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (4) The relevant sector Ministries and local government authorities shall mainstream respective parts of the National Implementation Plan and into their policies, legislations, plans and programmes and submit annual reports to the Minister on progress made in implementation of the National . OAG Implementation Plan. of is (5) Without prejudice to any applicable written law, the sion Minister shall have the power to make regulations prescribing erm tp the following matters pertaining to persistent organic pollutants- ou (a) compliance with international obligations on persistent ith w organic pollutants and pesticides issues; d te st rib (b) compliance with the Stockholm Convention on Persistent di u Organic Pollutants of 2001; or ed (c) raising of awareness of sustainable alternative approaches uc pr in the replacement of persistent organic pollutants; re od (d) carrying out of inventory of stocks of persistent organic be pollutants; ay m (e) disposal of existing stocks of persistent organic pollutants; bo ok (f) involvement of industry, particularly with reference to th is sharing the costs for disposal and taking responsibility of rt of disposal of persistent organic pollutants; pa o .N (g) promotion of appropriate pesticide and chemicals ve d management practices; se r re (h) preparation of appropriate data-base system for better s rig ll ht knowledge of problems of stocks; ni .A a (i) regulate imports and exports of persistent organic anza pollutants; fT to (j) proper packages as basic requirements to avoid leakage en and contamination of the environment both during m er n transportation and storage; Gov (k) safe transportation of toxic waste or dangerous chemicals, obsolete stocks or related chemicals as a way of protecting 25 20 the environment and human health; © (l) compliance with international agreements on movement and harmonisation of transportation of hazardous materials; 496 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (m) designing the best way to strengthen national capabilities and capacities for the management of chemicals, including transfer of technology, providing financial and technical assistance and promoting cooperation with other states; . OAG (n) regulating the import and use of chemicals, the use of is of which has been prohibited or refused approval or sion has been withdrawn under any written law in order to erm tp protect human health or the environment; ou (o) designation of severely hazardous pesticide formulations ith w and severely restricted chemicals in Tanzania; d te st rib (p) environmental safety aspects of liquid gas pipelines, di u natural gas pipelines and the transportation of designated or ed dangerous materials; uc pr (q) compensations, clean-ups and emergency response to re od hazardous substances released into the environment be and clean-up of inactive hazardous waste disposal sites; ay m (r) national, city, municipal, town and village contingency bo ok plans incase of release of hazardous substances into the th is environment; of rt (s) emergency planning, notification, reporting and training pa o .N requirements; and ve d (t) contingency plans in case of major industrial accidents, se r re rig s control of hazardous fires, explosives and hazardous ll ht toxic emissions. .A ni

78.–(1) The Minister, in relation to management of Prior a Prior informed an consent za fT procedures for Informed Consent (PIC) chemicals, may designate an institution which shall have the duty to- to certain hazardous en chemicals and er m pesticides n (a) recommend new entries of PIC chemicals of interest Gov to Tanzania; 25 20 (b) take adequate legal and administrative measures to © prevent or minimise adverse effects of PIC chemicals to human health, life and the environment; (c) conduct research on alternatives of PIC chemicals; 497 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) internalise procedures in import and export of PIC chemicals; (e) promote awareness on PIC chemicals and their effects to human health, life and the environment; (f) undertake risk assessment of PIC chemicals and build . OAG capacity in risk management; of is (g) carry on any other activities in accordance with obligations sion of the Rotterdam Convention in their geographical erm tp areas of jurisdiction; and ou (h) submit an annual implementation report of the ith w Rotterdam Convention of 1998 in their geographical d te st rib areas of jurisdiction. di u (2) The Minister, in consultation with the Ministries or ed responsible for agriculture and for health shall make regulations uc pr and guidelines on import, export, transportation and disposal re od of stocks of PIC chemicals and their wastes. be ay m Promotion 79.–(1) The Minister, in collaboration with other agencies, bo ok of cleaner production and shall promote cleaner production technologies and techniques th is sustainable and foster sustainable consumption of goods and services. of consumption rt of goods and (2) The Minister may prescribe guidelines relating to- pa o services (a) handbook on cleaner production technologies and ve .N techniques and on sustainable consumption to guide se r d sindustrial, tourism, trade, mining, agriculture and service re rig oriented activities; ht (b) monitoring of the impact of cleaner production; ll .A ni (c) mainstreaming of cleaner production in financing a anza fT procedures of the financial institutions in order to achieve sustainable financing mechanism of cleaner to en er n m production initiatives; and Gov (d) mainstreaming of cleaner production and sustainable 25 20 consumption approaches in relevant policies at © Government and company level. 498 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) Economic Instruments Economic 80.–(1) For purposes of minimising environmental damage, the incentives and instruments for Director of Environment shall periodically prepare proposals on protection of packages of economic instruments and financial incentives and . environment O forward the same to the Minister. AG of (2) The Minister, in consultation with the Minister responsible ission for finance may make regulations and rules on economic er instruments thereby prescribing- tp m (a) how best to oblige individuals or firms when making ou ith decisions about production, consumption and w d te investment, to consider the environmental consequences; st rib u (b) measures to be adopted to internalise environmental di or costs without relying on the pricing mechanism; ed (c) price-based measures, user charges and subsidies to uc prod internalise environmental costs and benefits; re (d) subsidies, tax deductions and rebates to be paid to be ay advance environmental protection; m ok (e) special grants for particular programmes and projects, bo is including environmental projects; th of (f) encourage return of bottles, plastics and metals for pa rt recycling and proper disposal; and o .N (g) any other measure the Minister may impose on an ve d se economic instrument. re r (3) The Minister may, on approval of the Minister responsible s right for finance, further prescribe the following incentives and ll .A nifinancial measures for the protection of the environment- a anza (a) effluent charges, based on the content and quantity of fT to discharges into the air, water or sewerage system; en m (b) user charge fee for using natural resource and for others er G n being provided with a service such as garbage collection; ov 25 (c) product charges, such as charges on plastic or bottle 20 © packaging that are used to discourage disposal of or encourage recycling; and (d) sales and excise taxes that give environmentally friendly products a price advantage over polluting products. 499 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] PART VI ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER ASSESSMENTS . O Obligation 81.–(1) A person, being a proponent or a developer of a project AG to undertake or undertaking of a type specified in the Third Schedule, to of Environmental issi Impact which Environmental Impact Assessment is required to be on Assessment er made by the law governing such project or undertaking or in tp m the absence of the law, by regulations made by the Minister, ou ith shall undertake or cause to be undertaken, at his own cost, an d w te Environmental Impact Assessment study. st rib u (2) An Environmental Impact Assessment study shall be di carried out prior to the commencement or financing of a or ed project or undertaking. pr uc od (3) A permit or licence for the carrying out of any project re or undertaking in accordance with any written law shall not ay be entitle the proponent or developer to undertake or to cause to m ok be undertaken a project or activity without an Environmental bo is Impact Assessment Certificate issued under this Act. th of (4) A person who contravenes subsection (3), commits pa rt an offence. o .N ve d Environmental 82.–(1) Subject to the provisions of subsection (2), the Minister re se r Impact Assessment shall make regulations and guidelines on how Environmental s right regulations and Impact Assessment shall be conducted under this Act and ll guidelines .A niunder any other written law. a anza (2) Where the law requires Environmental Impact Assessment fT to to be done in respect of any project or undertaking and the en m manner in which the Environmental Impact Assessment er n is to be done, it shall not be necessary to apply standards Gov stipulated in the regulations made under this Act unless the 25 20 standard prescribed under the law does not meet minimum © standards necessary for the conduct of such Environmental Impact Assessment. 500 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Environmental 83.–(1) Notwithstanding the provisions of subsection (2) Impact Assessment to of section 82, Environmental Impact Assessments shall be be conducted by conducted by experts or firms of experts whose names and experts qualifications are registered by the Council. (2) The Minister shall prescribe in the regulations . OAG qualifications of a person who may conduct Environmental of is Impact Assessment. sion (3) The Council shall maintain a register of experts and erm tp firms of experts authorised to conduct Environmental Impact ou Assessment. ith w (4) The register of experts and firms of experts shall be d te st rib maintained in a public registry and its entries may be searched di u by the public upon payment of a prescribed fee. or ed (5) A proponent of a project shall select experts amongst uc pr the persons possessing qualifications prescribed pursuant to re od the provisions of subsection (2), to conduct the Environmental be Impact Assessment. ay m ok bo Issuance of 84.–(1) The issuance of an Environmental Impact Assessment th is certificate not defence in legal Certificate in respect of any project shall not be a defence in any of rt proceedings legal proceedings brought against a proponent of a project or pa o undertaking in respect of the manner in which the project or ve .N undertaking is being executed, managed or operated. se r d (2) The Environmental Impact Assessment Certificate may s re rig be transferred from one holder to another in the event the ht project changes ownership and not otherwise and only upon ll .A ni notification in writing to the Minister within thirty days of a anza fT the transfer. to en Determination er m 85.–(1) Upon requiring an Environmental Impact Statement, of scope of n G Environmental ov the Council shall determine the scope of the Environmental 25 Impact Statement Impact Statement by agreeing with the proponent on- 20 © (a) the prescribed issues that must be addressed by the Environmental Impact Statement; (b) persons and institutions that must be consulted during the preparation of the Environmental Impact Statement; 501 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) methodologies and approaches in the collecting, collating and analysing the required data; and (d) any other matter determining the scope of the Environmental Impact Statement. (2) The Environmental Impact Statements shall be kept . OAG and maintained by the Council in a public registry and their of is contents, may be searched upon payment of a prescribed fee. sion erm Environmental 86.–(1) The Council shall, upon examination of a project brief, ou tp Impact Statement require the proponent of a project or undertaking to carry out ith w an Environmental Impact Assessment study and prepare an d te st Environmental Impact Statement. rib u (2) The Environmental Impact Statement prepared under di or subsection (1) shall be submitted to the Council for review. ed uc (3) The Environmental Impact Statement shall be prepared prod in accordance with regulations made by the Minister. re be ay

87.–(1) The Council, within sixty days following submission m Review of ok Environmental of Environmental Impact Statement, shall carry out its review. bo Impact Statement is (2) The Council, for purposes of carrying out reviews under th of subsection (1), may set up a cross-sectoral technical advisory rt pa committee to advise it on reviews of Environmental Impact o .N ve Statement.se d r (3) The proponent shall comply with requests for additional re s information necessary to enable the Council to complete the right review and shall do so within the time specified in the request. ll .A (4) The information requested by the Council for purposes ni a an fT za of the Environmental Impact Statement review may include en to but not limited to site and design maps, project documents, er m reports, materials, technical details, sectoral advice and any n Gov other matters it may deem necessary. 25 20 © Inspection visit 88.–(1) The Council, during the review process, may visit for purpose of Environmental for purposes of inspection or verification any site or place Impact Statement associated with the proposed project or undertaking at the review proponent’s cost. 502 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) The Environmental Impact Statement review process shall be based on the following criteria: (a) the balance between short and long term socio- economic benefits of the project and the detriment to the human and physical environment; . OAG (b) the nature of the project or undertaking and how it is of is likely to meet environmental standards; sion (c) the possible mitigation alternatives or other remedial erm tp measures; ou (d) comments received during public hearings and other ith w consultative processes under this Part; and d te st rib (e) any other review criteria as prescribed in the regulations. di u or Public 89.–(1) Without prejudice to Part XIV, the Council shall adopt ed uc participation in Environmental guidelines on public participation, especially those likely to be prod affected by the project being the subject of an Environmental re Impact be Assessment Impact Assessment study or review. ay m (2) Without prejudice to subsection (1), upon receipt of the bo ok Environmental Impact Statement, the Council shall- th is (a) circulate it for written comments from various institutions of rt and government agencies; pa o (b) notify the public by any appropriate means of the place ve .N and time for reviewing the Environmental Impact se r d sStatement and submitting written comments in a re rig prescribed manner; and ht (c) solicit oral or written comments by any appropriate ll .A ni means of the people who will be affected. a anza fT Public hearing en to 90.–(1) Notwithstanding the provisions of section 87 and and information m disclosure er other provisions of this Act, the review of the Environmental n Gov Impact Statement shall be conducted, inter alia, through public 25 hearings. 20 © (2) The Council, within thirty days of receipt of an Environmental Impact Statement, shall decide whether or not to convene a public hearing for purposes of collecting submissions or comments on the proposed project or undertaking. 503 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) Where the Council decides or is requested to convene a public hearing, it shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalised. . OAG of Recommendations 91. The Council shall submit recommendations to the ission on Environmental Impact Statement Minister upon completion of the review of the Environmental erm by Council Impact Statement,. ou tp ith w Approval or 92.–(1) The Minister, within thirty days, upon receipt of d te disapproval of Environmental recommendations of the Council may- st rib u Impact Statement (a) approve the Environmental Impact Statement and issue di or by Minister an Environmental Impact Assessment Certificate; ed uc (b) disapprove the Environmental Impact Statement; or prod (c) approve an Environmental Impact Statement subject re be to conditions as he may determine and issue an ay Environmental Impact Assessment Certificate. m ok (2) Where the Minister disapproves an Environmental Impact bo is Statement, he shall- th of (a) notify the proponent in writing stating reasons for rt pa disapproval; or o .N ve (b) recommend to the licencing authority that, the activity se d r should not be licenced. s re right Cancellation of 93. The Minister shall disapprove and recommend to the ll .A licence upon disapproval of nilicensing authority that the project should not be licenced or, a an Environmentalza where the licence has been issued, be cancelled where- Impact fT to Assessment (a) the project or undertaking is likely to cause significant en m adverse impact on the environment; er G n (b) there are no alternatives which can mitigate or remedy ov 25 the significant likely harm to the environment; 20 © (c) the proponent has failed to abide to the mitigation measures stated in the Environmental Impact Statement or conditions issued by the Minister; or 504 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) there are compelling social, economic, health, cultural or religious reasons which may or are likely to lead to irreversible impact on the society. Delegation of 94. The Minister, by an instrument published in the Gazette, . OAG powers to approve Environmental may delegate power of approval of Environmental Impact of Impact Statement to the Director of Environment, local government ission Assessment authorities or sector ministries. erm tp ou Appeal against 95. A person who is aggrieved by the decision of the Minister ith decision of w Minister on to approve or disapprove an Environmental Impact Statement d te Environmental may appeal to the Environmental Appeals Tribunal. st rib u Impact di Assessment or ed Maintenance 96.–(1) The Director General shall maintain records of uc of records of pr decisions on decisions on approvals or disapprovals of Environmental Impact od re Environmental Statement. be Impact Assessment (2) The record referred under subsection (1) shall be kept in ay m a public registry and be accessible to the public upon payment bo ok of a prescribed fee. th is of

97. The Council, at any time after the issuance of an rt Requirement pa of fresh o Environmental Environmental Impact Assessment Certificate, may require ve .N Impact the holder of certificate to conduct a fresh Environmental se r d Assessment study Impact Assessment study at his own cost and submit an s re Environmental Impact Statement within such time as the right Council may prescribe where- ll .A ni an a (a) there is substantial change or modification in the za fT project or undertaking or in the manner in which the en to project is being operated; er n m (b) the project or undertaking poses environmental threats Gov which could not be reasonably foreseen at the time of 25 20 the study or review; or © (c) in due course it is established that, the information or data given by the proponent or undertaking in previous Environmental Impact Assessment process was inaccurate, false or intended to mislead the Council. 505 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Offence for 98. A person who fails or neglects to comply with the directions contravening Environmental of the Council issued under section 97 commits an offence. Impact Assessment . Environmental 99.–(1) The Council, in consultation with the relevant sector OAG monitoring ministry or government agency, shall monitor- of is (a) environmental criteria and phenomena with a view to sion making an assessment of any possible changes in the tp erm environment and their possible impacts; and ou ith (b) the operation of any project or undertaking with a view d w to determining its immediate and long term effects on st te rib the environment. di u (2) An environmental inspector or any other authorised ed or officer may, upon giving due notice, enter upon any land or uc pr premises for the purposes of monitoring the effects upon re od the environment of any activities carried out on that land or be ay premises. m ok bo Monitoring 100.–(1) Where the results of monitoring indicate non- th is compliance with Environmental compliance with the Environmental Impact Assessment, the of rt holder of the Environmental Impact Assessment Certificate pa Impact Statement o may be required- .N ve d (a) to take reasonable measures to mitigate the impact se r of non compliance and report the measures to the re s rig ll Council; or ht ni .A (b) to pay a fine imposed by way of administrative measure a anza by the Council for the non-compliance. fT (2) The Council may recommend to the Minister for to en revocation of Environmental Impact Assessment Certificate m er n where the results of an additional monitoring indicate Gov persistent non-compliance with the conditions stipulated 25 20 in the Environmental Impact Assessment Certificate and © the Council may institute proceedings in a court of law for damages or any injury that may have occurred as a result of non compliance. 506 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Environmental 101.–(1) The Council shall be responsible for carrying out an audit environmental audit in respect of any project or undertaking that is likely to have significant impact on the environment. (2) An environmental inspector or any other authorised officer may upon giving due notice, enter into any land or . OAG premises for purposes of determining how far the activities of is carried out on that land or premises conform with the sion Environmental Impact Statement. erm tp (3) Notwithstanding the provisions of subsections (1) andou (2), the proponent or operator of a project or undertaking for ith w which an Environmental Impact Statement has been made shall d te st rib keep accurate records and make annual reports to the Council di u describing how far the projects conforms in operation with the or ed statements made in the Environmental Impact Statement. uc pr (4) The proponent or the operator of a project or undertaking re od shall take reasonable measures to mitigate any undesirable be effects not previously anticipated in the Environmental Impact ay m Statement and shall prepare, for submission to the Council, a bo ok comprehensive report of those measures, on an annual basis or th is as the Council may, in writing, direct. of rt pa o Undertaking of safe 102.–(1) Upon expiry of a project or undertaking stipulated ve .N decommissioning and site under the Third Schedule, the proponent or operator shall, at his se r d rehabilitation own cost, undertake safe decommissioning, site rehabilitation re s rig and ecosystem restoration before the closure of the project ht or undertaking. ll .A ni (2) The Director of Environment shall not discharge an a anza fT environmental performance bond deposited under section 227 of this Act until the holder fulfils the conditions stipulated to en er n m under subsection (1). Gov 25 Other 103. Notwithstanding the provisions of this Part, the Minister 20 assessments © may require any person whose activities are likely to have an impact on the environment to make a statement on the social, health, biotechnological or any other risk impact assessment he may determine. 507 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] PART VII STRATEGIC ENVIRONMENTAL ASSESSMENT Strategic 104.–(1) It shall be a requirement when preparing a bill for . environmental O assessment of enactment of any law that is likely to have effect on- AG (a) the management, conservation and enhancement of of bills, regulations, is policies, si strategies, the environment; or on er programmes and (b) sustainable management of natural resources, tp m plans to conduct and submit to the Minister a detailed statement ou ith regarding Strategic Environmental Assessment of the effect d w likely to be caused on the environment in the implementation te st rib of the provisions of that law. di u (2) Without prejudice to subsection (1), when promulgating or ed regulations, public policies, programmes and development pr uc od plans shall include a Strategic Environmental Assessment re Statement on the likely effects of such regulations, public ay be policies, programmes or development plans may have on the m ok environment. bo (3) A Strategic Environmental Assessment Statement made is th of under this section shall include- pa rt (a) a full description of a policy, bill, legislation, strategy, o .N programme, plan and the objectives it intends to ve d reachieve; se r (b) an identification, description and assessment of the rig s ht ll .A positive and adverse effects that implementation of ni a the proposed policy bills, strategy, programme, plan or anza legislation is likely to have on the environment and to the sustainable management of natural resources; fT to en m (c) an identification, description and assessment of likely G er n effects of alternative means to achieve the objectives ov 25 of the policy, bill, legislation, strategy, programme and 20 © plan; (d) an identification, description and assessment of a range of practicable measures that could be taken to avoid, mitigate or remedy any adverse effect that may occur 508 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] as a result of the implementation of the policy, bill, legislation, strategy, programme, or plan; and (e) any other information that the Minister may by regulations prescribe. (4) Where a person responsible for the bill, regulations, . OAG public policy, strategy, programme, or plan, does not require of is a Strategic Environmental Assessment under this section, he sion shall submit a draft of the relevant document to the Minister erm tp who shall, as soon as practicable, determine whether or not an ou assessment is required and shall furnish his decision and the ith w reasons for it. d te st rib (5) Upon receipt of the strategic environmental assessment di u report, the Minister shall direct the Director of Environment to or ed review the policy, bill, legislation, strategy, programme or plan uc pr and furnish his opinion to the Minister who shall thereafter re od give his opinion to the person concerned. be (6) A person to whom the Minister has given opinion shall ay m be required to comply with recommendations made and be bo ok required to submit a fresh report to him indicating: th is (a) the revisions that have been made to the original of rt document in order to promote environmental pa o .N management and the sustainable management of ve d natural resources or to avoid, mitigate or remedy any se r re s rig adverse effects which implementation of the origin ll legislation, policy, programme or plan, may have had; ht ni .A a (b) any other measures that have to be taken to avoid, anza mitigate or remedy any adverse effects on the environment fT to and when these were or shall be taken, and if any en measures recommended by the assessment report have m er n or shall not be taken, the reasons for not doing so; and Gov (c) a revised version of the policy, bill, legislation, strategy, programme or plan. 25 20 (7) Where the Minister is of the opinion that, the environmental © concerns raised during the strategic environmental assessment process are not adequately addressed by the revised bill, regulation, policy, strategy, programme or plan, and that 509 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] additional cost-effective measures to avoid or mitigate against these adverse effects should be taken, he shall within thirty days of receipt of the documents referred to in subsection (5), lodge an objection with the person concerned with a view to reaching agreement on the amendments to be made to the . OAG revised policy, bill, legislation, strategy, programme or plan in of is order to give effect to the purpose and principles of this Act. sion (8) Where, upon direction by the Minister, the Director of erm tp Environment and the person concerned are unable to reach ou agreement on the amendments to be made to the revised policy, ith w bill, legislation, strategy, programme or plan on the measures to d te st rib be taken, the Director of Environment or the person concerned di u may lodge a notice of objection to the Minister. or ed (9) The Minister may, upon receipt of the notice of objection, uc pr order the documents referred to in subsection (6) to be re od subjected to public review or to a public hearing before making be a final determination. ay m ok bo Strategic 105.–(1) Where a mineral or petroleum resource is identified and th is environmental assessment before specific details are planned or a hydro-electric power of rt for mineral, station is planned or a major water project is planned, the pa o petroleum, hydro-electric Ministry responsible for mining, energy or water shall carry ve .N power and major out a Strategic Environmental Assessment. se r d water project plans (2) The Strategic Environmental Assessment provided for re s rig under subsection (1), shall assess the area marked for development ht including the following- ll .A ni (a) baseline environmental conditions and status of natural a anza fT resources; (b) identification of ecologically sensitive and protected areas; to en er n m (c) identification and description of communities around Gov the area; 25 20 (d) existing socio-economic conditions; © (e) existing economic activities and infrastructure; (f) proposed developments, including long term scenarios and the cumulative development of a number of different mine or oil and gas site or hydro-electric power stations; 510 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) infrastructure and resources required to service these development; (h) potential environmental and social impacts of mining or petroleum development or hydro-electric power or any major water projects; and . OAG (i) recommendations for land reclamation and limitations of is on development in different areas. sion (3) The Minister shall direct the Director of Environment erm tp to review the Strategic Environmental Assessment Statement ou and prepare a report on adequacy or inadequacy of the ith w statement and areas which need to be improved and make d te st rib recommendations to the Minister accordingly. di u (4) The Director of Environment shall submit a review or ed report to the Minister for approval. uc pr (5) On receipt of recommendations, the Minister shall re od approve the report and make recommendations to the Ministry be responsible for mining, energy or water regarding the best way ay m environment can be preserved within the context of the project bo ok that is to be undertaken. th is (6) The Ministry responsible for mining, energy or water of rt project shall be required to comply with recommendations made pa o .N by the Minister. ve d se r PART VIII re s right ll .A POLLUTION PREVENTION AND CONTROL ni a General anza 106.–(1) It shall be an offence for a person to pollute or permit prohibition of fT pollution to any other person to pollute the environment in violation of en m any standards prescribed under this Act or any other written er n law regulating a segment of the environment. G 25 ov (2) In determining whether or not to issue a licence, permit 20 © or other authorisation to discharge contaminant, and the terms and conditions of the licence, permit or authorisation, the Council or any other person empowered to make the decision shall seek to ensure that, the prescribed best practicable option is adopted. 511 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) For purposes of this section, “the best practicable option,” in relation to the discharge of a contaminant or an emission of noise, means the best method for preventing or minimising adverse effects on human health, life or the environment. (4) A person shall not emit any pollutants which cause air . OAG pollution in contravention of standards prescribed or that may of is be prescribed under this Act. sion (5) A person shall not emit or cause to be emitted noise in erm tp excess of standards prescribed or that may be prescribed in ou relation to emission of noise. ith w (6) It shall be an offence for any person to discharge d te st rib contaminants or to emit noise without taking into account di u practicable measures prescribed in the regulations that may be or ed made by the Minister. uc prod

107. The Minister, in consultation with the Minister responsible re Powers of be Minister to make regulations to for local government authorities, may make further regulations- ay m prevent and (a) preventing and controlling any specified activities that bo ok control pollution result in adverse effects on the environment; th is (b) requiring any person to monitor discharges of of rt contaminants and to keep records of the results of the pa o monitoring; ve .N (c) creating systems of integrated pollution prevention se r d re s and control; rig (d) imposing substantive and procedural requirements on ht persons issuing licences and permits under this Act ll .A ni or regulations; a anza fT (e) establishing requirements, standards and guidelines for preventing and controlling discharges or emission into to en er n m the environment and for activities and the operation of Gov facilities which may cause discharges or emissions into 25 20 the environment; © (f) requiring persons applying for discharge licences to pay for the administrative costs of dealing with applications, including the reasonable costs of obtaining expert assistance in dealing with the applications; 512 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) classifying discharges, emissions, disposal, facilities, mobile and stationery sources of pollution and dangerous goods; (h) classifying any new hazardous substances, toxic substances, potentially toxic substances, environmentally harmful . OAG substances and other types of controlled substances; of is (i) preventing, prohibiting and regulating by using other sion methods as by licensing, guidelines, imports, exports, erm tp manufacture, transportation, handling, sale, possession, ou use, storage or disposal of any class of controlled substance ith w or substance or product containing a controlled substance; d te st rib (j) incorporate into domestic regulations latest developments di u on international environmental laws and practices; or ed (k) requiring monitoring of discharges of contaminants into uc pr the environment in areas surrounding the discharges; re od (l) establishing standards in relation to the manufacture, be distribution, sale or offering for sale of products the ay m manufacture, use or disposal of which may have bo ok resulted or may result in the discharge of a contaminant th is into the environment; of rt (m) in respect of motor vehicles- pa o .N (i) requiring, regulating and prohibiting the installation, ve d se maintenance and use of equipment and devices; r re rig s (ii) establishing mandatory emission standards and ll ht testing programmes; ni .A a (iii) prohibiting the use of any motor vehicle that fails anza to comply with an emission standard; and fT to (iv) prohibiting or regulating the use of motor vehicles en in certain lanes of designated roads or in certain m er n parts of urban areas; Gov (n) requiring, regulating and restricting the use of notices, marks and labels on products, packaging and containers; 25 20 (o) prohibiting or regulating in certain areas, on certain © days of the year or both, the carrying out and manner of carrying out of activities that may result in the discharge of a contaminant; and 513 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (p) requesting any person to provide information relevant to the control or prevention of discharge of a contaminant or an emission of noise. Integrated 108. The Council, in order to achieve integrated pollution . OAG pollution prevention and prevention and control, may prescribe appropriate guidelines of control on the best methods for preventing or minimising adverse ission effects on the environment having regard to such matters as- erm (a) the nature of the discharge or emission and the sensitivity ou tp of receiving environment to the adverse effects; ith w (b) the financial implications and the effect on the d te st environment of an option when compared with other rib u options; and di or (c) the current state of technical knowledge and the likelihood ed uc that the option can be successfully applied. prod re be Prohibition of 109.–(1) A person who knowingly puts or permits to be put ay water pollution or to fall or to be carried into any stream so as either singly m ok or in combination with other similar acts of the same nature bo is or interfere with its due flow or pollute its waters or puts solid th of refuse of any manufactory or manufacturing process or puts rt pa any rubbish or any other waste or any putrid solid matter into o .N ve such stream, commits an offence. se d r (2) A person who causes to fall, flow or knowingly permits s re to fall or flow or to be carried into any stream any poisonous, right noxious or polluting liquid proceeding from any factory or ll .A manufacturing process, commits an offence. ni a anza fT Prohibition to 110.–(1) A person shall not discharge any hazardous substance, to discharge en hazardous m chemical, oil or mixture containing oil in any waters or any er G substances, n other segment of the environment except in accordance with chemicals ov 25 materials, oil, etc. guidelines prescribed under this Act or any other written law. 20 © (2) A person who discharges any hazardous substance, chemical, oil or mixture containing oil in any waters or any other segment of the environment, commits an offence. 514 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) Apart from the general punishment provided for under this Act, the person convicted of an offence under this section may be ordered by the court- (a) to pay the cost of removal, including any costs which may be incurred by the Government or Government . OAG agency in the restoration of the environment damaged of is or destroyed as a result of the discharge; and sion (b) to pay the cost of third parties in the form of reparation, erm tp restoration, restitution or the compensation as may be ou determined by the court. ith w (4) It shall be the duty of organisation and individual d te st rib producing, transporting, trading, using, storing or disposing di u of chemicals, oil, toxic substances, inflammable or explosive or ed substances, to comply with regulations prescribed by the Minister uc pr on safety for human and other living beings and avoid causing re od environmental degradation. be (5) Without prejudice to any other applicable written law, ay m the Minister may, in consultation with an appropriate authority bo ok stipulate in the regulations a list of toxic, inflammable or th is explosives substances which are the subject of prohibition of rt under this Act. pa o .N (6) For purposes of regulating the production, storage ve d or transportation of listed toxic, inflammable or explosive se r re substances subject of prohibition under subsection (5), the s rig Minister may require owners or operators of production, storage ll ht ni or transportation thereof to mitigate the impact of their .A a anza activities by- fT to (a) giving immediate notice of the discharge to the Council en and other relevant sector ministries; m er n (b) immediately commencing clean-up operations using Gov the best available clean-up methods; (c) complying with directions as the Council may prescribe. 25 20 (7) The Council may seize the production, storage and © transporting facility or motor vehicle or vessel until the time the owner or operator takes mitigating measures. 515 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (8) The Council shall seek an order of the court for the disposal of production, storage, transporting facility, motor vehicle or vessel where the owner or operator fails, within prescribed reasonable time, to take mitigating measures. (9) Without prejudice to any other written law, the Council . OAG shall ensure that- of is (a) location, design, construction and operation of plants sion in the atomic energy; erm tp (b) industries, production, transportation, utilisation andou storage of radioactive materials; ith w (c) disposal of radioactive wastes; and d te st rib (d) organisations, individuals making use of machinery, di u equipment, materials with harmful electro-magnetic or ed radiation or ionizing radiation, uc pr complies with the provisions of any law or regulations that may re od be prescribed for environmental protection, regular check be and Environmental Impact Assessment of their facilities and ay m report periodically to the Council. bo ok is th Duty to keep 111.–(1) It shall be the duty of the Council in collaboration of abreast with rt technological with any other organ, to closely follow developments in pa o changes technology and techniques for preventing or reducing pollution ve .N of the environment, due to releases of substances from se r d prescribed processes. re s rig (2) A person carrying out activity impacting on the ht environment shall be required to follow a directive that may ll .A ni be issued by the Council on adaptation of any developments a anza fT in technology and techniques to prevent or reduce pollution of the environment. to en m er n G Duty to disclose ov 112.–(1) For purposes of facilitating pollution prevention information to 25 prevent pollution and control measures, the Minister may prescribe rules obliging 20 © submission of information to either the Council or any designated person, by- (a) a person who owns or operates an irrigation project scheme, sewerage system, industrial production plant, 516 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] industrial wastes treatment plant, solid waste disposal site or facility, trading and storage facility for petroleum products, workshop or any other undertaking which discharges or is likely to discharge effluents or other pollutants into the environment; or . OAG (b) any other institution or organ which is required by any of is other written law to take measures to prevent pollution sion within areas to which it has administrative control or erm tp any other institution or organ that maybe identified. ou (2) The provisions of subsection (1) shall not derogate powers ith w of the Minister responsible for shipping to make regulation for d te st rib Cap. 165 prevention of marine pollution pursuant to the provisions of di u Part XIX of the Merchant Shipping Act. or ed (3) A person who contravenes the requirement to furnish uc pr information to the Council or any designated person, commits re od an offence. be ay m Prohibition 113.–(1) Where the Council is of the opinion that, the carrying bo ok notices on prescribed on of a prescribed activity, process or the continuing carrying th is process or activity on of any process or activity involves an imminent risk of of rt serious pollution of the environment, the Council may serve pa o a prohibition notice on the person carrying on the process ve .N or activity. se r d (2) A prohibition notice issued under subsection (1) shall- s re rig (a) specify the environmental risk involved in the activity ht or process; ll .A ni (b) specify the steps that may be taken to the process or a anza fT activity to remove it and the period within which such steps shall be taken; to en er n m (c) direct that, the authorisation shall, until the notice is Gov withdrawn partly or wholly to the extent specified in the 25 20 notice ceases, to have effect to authorise the carrying on © of the process or activity; and (d) where, it applies only to a part of the process or activity, it imposes conditions to be observed in carrying on that other process or activity which is authorised to be carried on. 517 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] PART IX WASTE MANAGEMENT (a) Management of Solid Waste . Duty of local 114.–(1) For the purposes of ensuring minimisation of the OAG government to manage and solid waste in their respective geographical areas of jurisdiction, is of si minimise solid local government authorities shall prescribe- on waste er (a) for different types or kinds of waste, refuse or garbage tp m to be separated at the source; ou ith (b) for standards to guide the type, size, shape, colour and d w other specifications for refuse containers used; and te st rib (c) for mechanisms to be put in place to involve the di u private sector and Non-Governmental Organisations on or ed planning, raising awareness among producers, vendors, pr uc od transporters, manufacturers and others on the need to re have appropriate containers and enhance separation of be ay waste at source. m ok (2) The local government authorities in respect to their bo geographical areas of jurisdiction shall- is th of (a) cause to be conducted appropriate Environmental pa rt Impact Assessment for new major activities leading to o .N proper management of solid waste; ve d (b) manage solid waste generated in accordance with re se r s rigsustainable plans produced by respective local government ht ll .A authority; and ni a (c) ensure the appropriate sorting of waste is made right anza at the source and in accordance with standards or fT to specifications prescribed by the local government en m authority concerned. er n (3) For the purposes of making decisions on suitability of G 25 ov any specific method of collection, treatment or disposal of solid 20 © waste, local government authorities shall undertake studies within their respective geographical areas of jurisdiction with a view to instill knowledge of the rate of local solid waste generation and its composition. 518 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Disposal of 115.–(1) The local government authority shall undertake solid waste from markets, business periodic studies to determine the type of solid wastes generated areas and from markets, business areas and institutions and determine institutions appropriate methods for sorting, storage or disposal of waste. (2) In the determination of the appropriate storage or disposal . OAG for solid waste generated by different types of markets, business of is centres or areas and institutions within their respective areas, sion local government authorities shall ensure that, the solid waste erm tp is classified and appropriately stored depending on whether it ou is organic waste, plastics, glass or metals. ith w (3) The Minister may prescribe national classifications of d te st rib solid waste which local government authorities may adopt for di u their respective geographical areas of jurisdictions. or ed (4) For the purposes of this section, “institution” includes uc pr schools, offices, hospitals, police, army barracks, religious re od buildings, camps, convents and any other organisation or entity be which the Minister may declare to be an institution for the ay m purposes of solid waste management. bo ok is th Storage of solid 116.–(1) The local government authorities shall ensure that, of waste from rt industries industries located within their geographical respective areas of pa o jurisdiction provide adequate space and facilities for managing ve .N solid waste generated from industries before they are collected se r d for disposal at designated places. s re rig (2) The local government authorities shall ensure that ht refuse bays or areas set aside by industries for the collection ll .A ni of solid waste are clean and protected from flies, animals and a anza fT scavengers. (3) The Minister, after consultation with the Ministers to en er n m responsible for industries, land, health and the local government Gov authorities, shall prescribe rules on solid wastes to be complied 25 20 with by various categories of industries. © Solid waste 117. The local government authorities in respect to urban and collection in urban and rural rural areas, shall prescribe- areas (a) the best ways possible for the collection of various classifications of solid waste from generation sources 519 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] and shall, on its own or with any commercial or private sector arrange ways to recover the cost incurred in collection of the solid waste; and (b) appropriate equipment, time and routes for solid waste collection. . OAG of Waste transfer 118.–(1) The local government authorities may designate ission stations transfer stations to serve as collection centres of solid wastes erm to cities, municipalities, towns or other areas where large ou tp amounts of solid waste are generated. ith w (2) Before a local government authority designates an area d te st to be a waste transfer station for the purposes of collection of rib u solid waste it shall- di or (a) carry out social, health and Environmental Impact ed uc Assessment; prod (b) ensure that the selected area is adequate in size and re be situated away from residential area; ay m (c) ensure regular removal of solid waste to avoid any bo ok possible nuisance; and th is (d) ensure the area is fenced off and secured to prevent of rt unauthorised persons from entering. pa o .N ve Final disposal of 119. The local government authorities, in choosing the best se d solid waste r method of solid waste disposal for their geographical areas of s re jurisdiction, shall consider the following matters- right (a) climatic conditions; ll .A (b) economic ability; ni a an fT za (c) interest of the community; en to (d) environmental, hygienic and social benefits; and er m (e) availability of tipping sites. n Gov 25 (b) Management of Litter 20 © Interpretation 120. For the purposes of sections 121 and 122, unless the with regard to management of context otherwise requires- litter “public land” means land entrusted to the President as trustee and includes general land or privately occupied land; “deposit”, in relation to litter; include- 520 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) cast, place, throw or drop litter; or (b) allow litter to be cast, thrown, dropped, or to escape from any conveyance; “litter” includes any refuse, rubbish, animal remains, glass, metal, plastics, garbage, debris, dirt, filth, urine, rubble, . OAG ballasts, stones, earth, sewage, or waste matter or any other of is thing of a like nature; sion “private land” means every place other than a public place; erm tp and ou “public place”- ith w (a) includes the following- d te st rib (i) every road, street, private street, footpath, access di u way, storm water drain, service lane, court, mall, or ed thoroughfare, wharf and airport to which the public uc pr generally has access, whether with or without re od payment of any fee, and includes any national park be or reserve; ay m (ii) any park, garden or other place of public recreation bo ok to which the public has access, whether with or th is without payment of any fee; of rt (iii) any beach or foreshore or the bank of any river pa o .N vestream or the margin of any lake to which the d se public traditionally has access, whether with or r re s rig without payment of fee; ll ht (iv) any waters to which the public traditionally has ni .A a access, whether with or without payment of any anza fee, for bathing or other recreational purposes; fT to (v) wharf, pier or jetty to which the public has access; en (vi) any airport; m er n (vii) any general land vested in or controlled by the Gov President being land that is not occupied pursuant to any lease, licence, or other authority or by any 25 20 private person; and © (viii) any other place whether public or private in the open air to which the public has access, whether with or without payment of any fee; and 521 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) excludes any site designated or approved for the disposal of waste pursuant to this or any other Act or any receptacle installed in a public place. Control of litter in 121.–(1) A person who has a public place under that person’s . OAG public places control or management shall, at all times provide and maintain of in that place, where litter is likely to be deposited, such number ission of litter receptacles of suitable construction and design for the erm temporary deposit of litter as may reasonably be necessary to ou tp keep that place free from litter. ith w (2) Where litter generated on or attributable to any particular d te st premises is likely to be carried from or to otherwise escape from rib u those premises onto a public place, an environment inspector di or may require the occupier of the premises to take reasonable ed uc steps to prevent such litter being carried to or escaping onto prod the public place. re be (3) Where it is shown that, excessive litter is attributable ay m to or emanates from any particular premises, an environment bo ok inspector may require the occupier of the premises to provide th is and maintain such number of litter receptacles of suitable of rt construction or designing any public place adjacent to or pa o within the vicinity of the land or premises for the temporary ve .N deposit of litter, as may reasonably be necessary to ensure that se r d the public place be kept free of that litter. s re rig (4) Where any occupier fails to comply within a reasonable ht time with a requirement of an environment inspector made ll .A ni under subsection (2) or (3), the officer may take any reasonable a anza fT steps to remedy that default and shall recover the cost of so doing from the occupiers as debt due to the service. to en er n m (5) A person to whom this section applies shall also make Gov appropriate provision for emptying the contents of litter 25 20 receptacles provided within the public places under that person’s © control or management, and for the removal and disposal of those contents promptly, efficiently and at regular intervals. Occupiers of 122. An environment inspector may serve on the occupier private land to clear litter of any private land or any land vested in or controlled by 522 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] any person, a notice in writing requiring the occupier, to the satisfaction of the inspector to- (a) clear away or remove from the land; (b) clean up; (c) screen, cover, or otherwise obscure from view; and . OAG (d) such litter as may be specified in the notice, within such of is time as may be so specified. sion erm (c) Management of Liquid Waste tp ou ith On site disposal 123.–(1) The local government authorities may prescribe d w of liquid waste te and issue guidelines on how liquid waste from domestic and st rib u commercial premises is to be treated and finally disposed of di or both within the site and outside the premises.ed (2) Without prejudice to subsection (1), the Minister may uc prod prescribe specific guidelines to be followed by local government re authorities or sewerage authorities in their disposal of general ay be or specific types of liquid wastes. m ok bo

124. The local government authorities in respect to their areas is Transportation th and disposal of of jurisdictions shall issue guidelines and standards on how of liquid waste rt pa sewage from cesspool and sludge from septic tanks is to be o .N collected and transported by specified vehicles for disposal. ve d se r

125. The local government authorities shall ensure that, re Treatment of s liquid waste rig sewage is appropriately treated before it is finally discharged ll ht niinto water bodies or open land, and that it does not increase the .A a anza risk of infections or ecological disturbance and environmental fT degradation. to en m Liquid waste er n

126. The local government authorities shall designate and disposal Gov ensure compliance with designated disposal ponds, sewage 25 20 treatment facilities and sewer points. © Control and 127. Upon completion of construction of a sewerage system, monitoring of sewerage system local government authorities shall facilitate the carrying out of initial and subsequent periodic tests to ascertain that, the 523 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] effluent meant for final disposal meets the standards as may be prescribed by the Minister. Industrial liquid 128. The Minister shall make regulations prescribing the best waste method for the treatment of hazardous and non-hazardous . OAG liquid wastes from industries. of ission Storm water 129.–(1) A local government authority within its area of er management m jurisdiction, shall build or prepare storm water drains. tp ou (2) The storm water drains shall remain clean for the ith w purposes for which they have been made. d te (3) The Minister may make rules providing for- st rib u (a) standard gradient for storm water drains to prevent di or water stagnation; ed uc (b) the periodic cleaning of storm water drains to remove prod deposit; and re be (c) covered storm water drains, inspection covers and ay appropriate trap chambers for inspection and removal m ok of deposits. bo is th of (d) Management of Gaseous Waste rt pa o

130. The local government authorities shall ensure that .N Gaseous wastes ve from dwelling d houses habitable buildings- se r (a) have adequate openings to provide through or cross re s rig ll ventilation; ht ni .A (b) provide adequate means of smoke escape in kitchen a anza and other indoor places as may be appropriate; and fT (c) do not provide for cooking in dwelling houses or use of to en animal dung as fuel in confined unventilated dwellings. m er n G Control of ov 131.–(1) The local government authorities taking into industrial gaseous 25 20 waste consideration of the wind direction and Environmental Impact © Assessment recommendations, shall ensure that, industries producing gas emissions are located far away from residential areas. 524 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) A local government authority shall prescribe rules, procedures and penalties governing- (a) regularity of checks of the machinery to ensure that they function efficiently and do not produce gas emissions; and . OAG (b) specifications of chimneys and gas controlling devices of is to be fitted to factories and industries. sion erm Gaseous and 132.–(1) The local government authorities shall prescribe ou tp particulate wastes from vehicles rules specifying emission of carbon monoxide, hydrocarbons, ith w other noxious emissions and standards for exhaust emissions d te st applicable in areas of jurisdiction of a local government authority rib u concerned. di or (2) Where national standards have been prescribed, the ed uc local government authorities shall adopt the national exhaust prod emissions standards. re be ay m (e) Management of Hazardous Waste ok bo

133.–(1) It shall be an offence to import into or export from is Importation of th hazardous waste Tanzania, hazardous waste without a permit granted by of rt pa the Minister. o .N (2) Where hazardous waste is to be exported from Tanzania, ve d it shall be necessary for a person intending to export such waste re se r to obtain a written permit issued by a competent authority of rig s ht the receiving country. ll .A ni a (3) A person shall not transport hazardous waste within or anza through Tanzania without a permit granted by the Minister. fT to (4) The Minister may make regulations prescribing the en m following- er n (a) best possible ways to manage various types of hazardous G 25 ov wastes and appropriate penalties to any contravention; 20 (b) responsibility and liability of person involved in any © generation, transportation, export and disposal of hazardous wastes; (c) notification procedures in transportation and disposal of hazardous wastes; 525 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) any reporting requirement in implementation of international conventions on hazardous waste and in cases of incidents that may have potential to cause damage to human health, living beings and the environment; . OAG (e) licensed disposal facilities for hazardous wastes; of is (f) responsibility and liability of person or group of persons sion that have caused contamination of the environmental erm tp ecosystem or owners of such sites; ou (g) criteria for classification of sites contaminated with ith w hazardous wastes; and d te st rib (h) clean up sites contaminated with hazardous waste. di u (5) The Minister may prescribe criteria for the classification or ed of hazardous wastes with regard to determining their- uc pr (a) hazardous nature; re od (b) corrosive nature; be (c) carcinogenic nature; ay m (d) flammable nature; bo ok (e) persistent nature; th is (f) toxic nature; of rt (g) explosive nature; and pa o .N (h) radioactive nature. ve d se r Duty of local 134.–(1) A local government authority in respect to its area of re s government rig authority in jurisdiction, shall ensure that- ht (a) standards prescribed for the hazardous waste management ll relation to .A ni hazardous waste are in place and operational at all the time; a anza fT (b) premises producing hazardous wastes are adequately ventilated and are in compliance with prescribed to en er n m standards; Gov (c) waste effluents are treated or are so modified as to 25 20 comply with prescribed standards before final disposal; © and (d) hazardous liquid wastes are treated to conform with prescribed environmental standards at factory or on site before their discharge into public sewers or 526 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] municipal oxidation ponds or in an open land or into receiving water bodies. (2) The standards and guidelines set by the local government for the purposes of this Act, shall conform to standards set under this Act. . OAG of Movement of 135.–(1) The Minister shall ensure that, any movement ission hazardous waste of hazardous waste within and through Tanzania shall be erm conducted in a manner that prevents or minimises adverse ou tp effects to human health and the environment and conform to ith w movement procedures as may be prescribed in the regulations. d te st (2) A generator of hazardous waste shall take measures to rib u minimise the generation of such waste. di or (3) A generator of hazardous waste shall be responsible for ed uc its disposal and shall be liable for any damage to human health, prod living beings and the environment. re be ay

136.–(1) Subject to the provisions of subsection (2), disposal m Environmental ok Impact of any hazardous wastes shall be done in an environmentally bo Assessment for is sound manner. th hazardous waste of (2) Environmental Impact Assessment shall be carried out rt pa before hazardous waste is disposed of into soil, land, air or o .N ve body of water. se d r re

137.–(1) The Minister, in collaboration with the Minister s Final disposal of right health care wastes responsible for health, shall ensure that, healthcare wastes ll .A ni a are sorted and stored in prescribed coded containers and anza transported in refuse trucks designed and registered for that fT to purpose. en m (2) The Minister, in collaboration with the Minister er G n responsible for health, shall prescribe the best possible method ov 25 for final disposal of various types of health care wastes. 20 © (3) In this section, “health care wastes” includes but not limited to the infectious wastes, pathological wastes, sharps, pharmaceutical, genetoxic, radioactive wastes, coagulated blood wastes and drugs. 527 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Disposal of other 138. The Minister, in collaboration with other sector ministries wastes and other authorities, shall prescribe the best possible methods for handling and for disposal of- (a) veterinary wastes arising from abattoirs; (b) veterinary drugs; . OAG (c) waste emanating from agricultural activities; of is (d) agro-chemical wastes; sion (e) chemical wastes; and erm tp (f) any other type of waste as the Minister may determine.ou ith w General power of 139.–(1) Without prejudice to the powers of the local d te local government st authorities to government authority granted under any written law in relation rib u to management of waste, the local government authority di minimise waste or shall have powers necessary for purposes of preventing or ed uc minimising solid, liquid, gaseous and hazardous waste. prod (2) For the purpose of waste management, the Minister re be may advise the Minister responsible for local government ay m authorities to direct or assign any person powers vested in bo ok the local government authority which has failed to meet its th is obligation or to exercise power in relation to any matter which of rt is prescribed under this Part. pa o (3) Without prejudice to the provisions of subsection (2), ve .N the Minister, in a fitting case, may direct or assign to any person se r d powers vested in the local government authority which has re s rig failed to meet its obligation or to exercise powers in relation ht to any matter which is prescribed pursuant to the provisions ll .A ni of this Part. a anza fT en to PART X m er n ENVIRONMENTAL QUALITY STANDARDS Gov

140.–(1) The National Environmental Standards Committee 25 20 Formulation and approval of of the Tanzania Bureau of Standards established under the © environmental quality standards Standards Act, shall develop, review and submit to the Minister Cap. 130 proposal for environmental standards and criteria in relation to- (a) water quality; 528 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) discharge of effluent into water; (c) air quality; (d) control of noise and vibration pollution; (e) sub-sonic vibrations; (f) soil quality; . OAG (g) control of noxious smells; of is (h) light pollution; sion (i) electromagnetic waves and microwaves; and erm tp (j) any other environmental quality standard. ou (2) The National Environmental Standards Committee ith w shall cause the standards to be published in the Gazette and in d te st rib at least two daily newspapers one of which shall be in Kiswahili di u and one in English language with a view to invite comments or ed to be made in writing on the proposed standards within the uc pr period as may be prescribed. re od (3) Upon approval of environmental quality standards and be criteria, the Minister shall publish them in the Gazette. ay m ok bo Compliance with 141. A person undertaking any activity shall be required to th is standards, etc. comply with environmental quality standards and criteria. of rt pa

142.–(1) In enforcing environmental quality standards and o Enforcement of .N environmental ve quality standards criteria the Council may- se d r (a) order or carry out investigations of actual or suspected s re right environmental pollution including the collection of samples, records and data; ll .A (b) upon reasonable notice served on the occupier enter, ni a an fT za inspect and examine any place, area, premise or any en to vehicle, vessel, boat, aircraft or any carriage of any er m description on which it has reasonable grounds to n Gov believe that the activity is or is likely to lead to violation 25 of environmental standards; 20 © (c) take necessary measures to ensure that industry and other facilities adopt cleaner technology to meet the requirements of standards established under this Act; 529 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) monitor emission concentration and nature of pollutants emitted; (e) make guidelines to minimise greenhouse gases and other emissions and identify suitable technologies for minimisation of air pollution; or . OAG (f) do or perform anything or act that is necessary for the of is monitoring and control of environmental pollution. sion (2) Subject to the provisions of any other law, a person who erm tp permits or causes to permit pollution or emission in excess ou of environmental quality standards and criteria stipulated ith w pursuant to this Act, commits an offence. d te st rib (3) The Council shall maintain close collaboration with di u local government authorities, Public Health Department, or ed Occupational Health and Safety Agency, Tanzania Bureau of uc pr Standards, Tanzania Atomic Agency, Government Chemist re od Laboratory Authority, Tanzania Medicines and Medical be Devices Authority and other institutions for the purposes of ay m enforcement of environmental quality standards. bo ok is th Water quality 143. The National Environmental Standards Committee shall- of standards rt (a) prescribe criteria and procedure for measuring standards pa o for water quality; ve .N (b) establish the minimum quality standards for waters of se r d Tanzania; and s re rig (c) establish minimum quality standards for different uses ht of water including- ll .A ni (i) drinking water; a anza fT (ii) water for agricultural purposes; (iii) water for recreational purposes; to en er n m (iv) water for fisheries and wildlife; Gov (v) water for industry; 25 20 (vi) water for environment; and © (vii) water for any other purposes. Standards for 144. The National Environmental Standards Committee shall- discharge of effluent into (a) establish standards for the discharge of any effluent water into the waters of Tanzania; 530 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) establish measures for the treatment of effluent before their final discharge into sewage systems; and (c) prescribe requirements for the operator of any plant or undertaking to undertake such works as it considers necessary for the treatment of effluent before it is finally . OAG discharged into water. of ission Air quality 145. The National Environmental Standards Committee shall- erm standards (a) prescribe criteria and procedure for measurement of ou tp air quality; ith w (b) establish ambient air quality standards; d te st (c) establish occupational air quality standards; rib u (d) establish emission standards for various sources; di or (e) prescribe criteria and guidelines for air pollution ed uc control for both mobile and stationary sources; and prod (f) any other air emission quality standards. re be ay

146. The National Environmental Standards Committee shall- m Standards for ok control of noxious (a) prescribe procedures for the measurement and bo smells is determination of noxious smells; th of (b) set minimum standards for the control of pollution of rt pa the environment by noxious smells; and o .N ve (c) prescribe guidelines for measurements and the se d r s abatement of noxious smells, whether from human re rig activities or natural phenomenon. ht ll .A Standards for ni147. The National Environmental Standards Committee shall- a an control of noise and vibration za (a) prescribe procedures for the measurement and fT pollution to determination of noise and vibrations standards; en m (b) set minimum standards for emissions of noise and er G n vibrations pollution into the environment; ov 25 (c) establish criteria and procedures for the measurement 20 © of noise and vibration pollution into the environment from existing and future sources; (d) prescribe guidelines for the abatement of unreasonable noise or vibration pollution emitted to the environment; (e) establish noise levels and noise emission standards applicable to construction sites, plants, machinery, motor 531 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] vehicles, aircrafts, including sonic booms, industrial and commercial activities; (f) establish appropriate measures to ensure the abatement and control of noise from sources referred to in paragraph (e); and . OAG (g) measure the levels of noise emanating from sources of is referred to in paragraph (e). sion erm Standards 148. The National Environmental Standards Committee shall- ou tp for sub-sonic vibrations (a) prescribe procedures for the measurement and ith w determination for emission of sub-sonic vibrations d te st standards; rib u (b) set minimum standards for emissions of sub-sonic di or vibrations into the environment from existing and ed uc future sources; prod (c) establish criteria and procedures for the measurement re be of sub-sonic vibrations; and ay m (d) issue guidelines for the minimisation of sub-sonic bo ok vibrations referred to in paragraph (b). th is of Standards for

149. The National Environmental Standards Committee shall- rt pa minimisation of (a) establish standards for the minimisation of ionizing o radiation .N ve and other radiation in the environment; se d r (b) establish criteria and procedures for the measurement s re rightof ionizing and other radiation; (c) provide information aimed at warning and protecting ll .A the public and the environment against actual or ni a an fT za potential exposure to radioactive material or ionizing en to radiation and prescribe safe practices to protect persons er m involved in activities prone to radiation exposure; and n Gov (d) do any other things necessary for the monitoring and 25 control of pollution from radiation. 20 © Soil quality 150. The National Environmental Standards Committee shall- standards (a) establish criteria and procedures for the measurement and determination of the quality of soil; 532 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) set minimum standards for the management of the quality of soil; (c) prescribe guidelines for the disposal of any waste in the soil, the optimal utilisation of any soil, identification of the various soils and practices that are necessary in . OAG order to conserve soil and prohibition of activities that of is may degrade the soil; and sion (d) do any other thing necessary for the monitoring and erm tp control of soil degradation. ou ith w PART XI d te st rib ENVIRONMENTAL RESTORATION, EASEMENTS di u AND CONSERVATION ORDERS or ed uc (a) Restoration Orders prod re Environmental 151.–(1) Subject to any other provisions in this Act, the Council be restoration order ay may issue, an order known as environmental restoration order m ok on a person in respect to any matter relating to the management bo of the environment. is th of (2) An environmental restoration order shall be issued to- pa rt (a) require the person on whom it relates to restore the o .N environment as near as it may be to a state in which it ve d was before the taking of the action which is the subject re se r rig sof the order; ht ll .A (b) prevent the person on whom it relates from taking any ni a action which would or is reasonably likely to cause anza harm to the environment; fT to (c) award compensation to be paid by the person on whom en m it relates or to other persons whose environment or G er n livelihood has been harmed by the action which is the subject matter of the order; and ov 25 20 © (d) levy a charge on the person on whom it relates which, in the opinion of the Council, represents a reasonable estimate of the costs of any action taken by an authorised person or organisation to restore the environment to 533 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] a state in which it was before the taking of the action which is the subject matter of the order. (3) An environmental restoration order may contain terms and conditions and may impose obligations on the persons on whom it relates as may, enable the order to achieve all or any of . OAG the purposes set under subsection (2). of is (4) Without prejudice to the general effect of the purposes sion set out in subsection (3), an environmental restoration order erm tp may require a person on whom it relates to- ou (a) take action as shall prevent the commencement, ith w continuation or cause of pollution; d te st rib (b) restore land, including the replacement of soil, replanting di u of trees and other flora and the restoration as far as or ed may be, of outstanding geological, archaeological or uc pr historical features of the land or the area contiguous to re od the land or sea as may be specified in the order; be (c) take action to prevent the commencement, continuation ay m or cause of environmental hazard; bo ok (d) cease to take any action which is causing or may contribute th is to pollution or an environmental hazard; of rt (e) remove or alleviate any injury to land, the environment pa o .N or to the amenities of the area; ve d (f) prevent damage to the land or the environment, aquifers se r re s rig beneath the land and flora and fauna in, on or under or ll above the land or sea specified in the order or land or ht ni .A a the environment contiguous to the land or sea specified anza in the order; fT to (g) remove any waste or refuse deposited on the land or en sea specified in the order and dispose of the same in m er n accordance with the provisions of the order; and Gov (h) pay any compensation specified in the order. (5) In exercising the powers under this section, the Council 25 20 shall- © (a) be guided by the principles of good environmental management in accordance with the provisions of this Act; and 534 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) explain to the persons against whom the order relates, the right of appeal to specified appellate organs. Contents of 152.–(1) An environmental restoration order shall specify environmental clearly and in a manner, which may be easily understood- . restoration order OAG (a) activity to which it relates; of (b) person or persons to whom it is addressed; ission (c) time at which it comes into effect; erm (d) action which must be taken to remedy the harm to the ou tp environment and the time, being not more than thirtyith w days or further period as may be prescribed in the d te st order, within which the action must be taken; rib u (e) powers of the Council to enter any land and undertake di or the action specified in paragraph (d); ed uc (f) penalties which may be imposed where the action prod specified in paragraph (d) is not undertaken; and re be (g) right of the person served with an environmental ay m restoration order to appeal to any prescribed tribunal bo ok or organ against that order, except where the order is th is issued by a court of competent jurisdiction, in which of rt case the right of appeal shall lie to superior courts. o pa (2) An environmental inspector may inspect or cause to ve .N be inspected any activity in order to determine whether that se r d activity is harmful to the environment and may take into account s re rig the evidence obtained from that inspection in any decision on ht whether or not to serve an environmental restoration order. ll .A ni a an Service of fT za

153. Where the Council reasonably suspects that harm has environmental to restoration order en been or is likely to be caused to the environment by any er m person’s activity, it may serve on that person an order requiring n Gov that person to take action within thirty days of the service of 25 the order, to remedy or prevent the harm on the environment 20 © as may be specified in the order. 535 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Advice before 154. The Council may seek and take into account any issuing environmental technical, professional and scientific advice which it considers restoration order to be desirable for a satisfactory decision to be made on an environmental restoration order. . OAG Duration of 155.–(1) An environmental restoration order shall continue of environmental restoration order to apply to an activity in respect of which it was issued ission notwithstanding that it has initially been complied with. erm (2) A person served with an environmental restoration ou tp order shall, subject to the provisions of this Act, comply with ith w all the terms and conditions of the order. d te st rib u (b) Easements Orders di or ed Environmental 156.–(1) The object of an environmental easement shall be pr uc easements and conservation to further the principles of environmental management set out re od orders in this Act by facilitating the conservation and enhancement be ay of the environment through the imposition of one or more m ok obligations in respect of the use of that land. bo (2) Notwithstanding the nature of easements that maybe is th created in accordance with the provisions of Part XI of the of rt pa Cap. 113 Land Act, a court may, on an application made under this o .N Part, grant an environmental easement or an environmental ve d conservation order subject to the provisions of this Act. re se r (3) The Council may recommend to the Minister for the rig s ht creation of an easement for the purposes of environmental ll .A ni aprotection. anza (4) Where the Minister is satisfied that, the recommendation to fT of the Council is workable, he shall recommend to the Minister en m responsible for land for purposes of the creation of right of way er Cap. 113 n in accordance with Sub-Part 3 of Part XI of the Land Act. G 25 ov (5) An instrument or a court order creating an easement for 20 environmental protection shall clearly specify- © (a) the nature of the easement and any conditions, limitations, and restrictions subject to which it is granted; (b) the period of time for which it is granted; 536 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) the land or particular part of it which is burdened by the easement; (d) the land benefited by the easement; and (e) a plan sufficient to define easement. (6) An environmental easement may be imposed on and . OAG shall thereafter attach to the burdened land in perpetuity or for of is a term of years or for an equivalent interest under customary sion law as the court may determine. erm tp (7) Notwithstanding the provisions of any written law, ou easements created for the purposes of environmental protection ith w shall, subsist beyond the tenure of the right of occupancy or d te st rib lease unless rescinded earlier by court order. di u or Application for 157.–(1) A person or a group of persons may make an ed uc environmental easements application to the court for the grant of one or more environmental prod easements. re be (2) The Court may impose conditions on the grant of an ay m environmental easement as it considers to be best suited to bo ok advance the object of an environmental easement. th is of

158.–(1) Proceedings to enforce an environmental easement rt Enforcement of pa environmental may be commenced only by the person in whose name the o .N easements ve environmental easement has been issued. se d r (2) Proceedings in relation to environmental easement may s re request the court to- right (a) grant an environmental restoration order; or ll .A (b) grant any remedy available under the law relating to ni a an fT za easements in respect of land. en to (3) The court may adjust, so far as it deems necessary, er m procedures relating to the enforcement of the requirements of n Gov an environmental easement. 25 20 © Registration of 159.–(1) Where an environmental easement is imposed on environmental easements land, the title of which is registered under any written law, the environmental easement shall be registered in accordance with the law prescribing that system of registration of easements. 537 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) In addition to any matter which may be required by any written law generally prescribing registration of easements, registration of environmental easements shall include- (a) the name of the applicant for the environmental easement as the person in whose name the environmental . OAG easement is registered; of is (b) the nature of the easement and any conditions, limitations, sion and restrictions subject to which it is granted; erm tp (c) the period of time for which it is granted; ou (d) the land, or particular part of it which is burdened by ith w the easement; d te st rib (e) the land benefited by the easement; and di u (f) the plan sufficient to define the easement.or ed uc Compensation for 160.–(1) A person who has a legal interest in the land, which prod environmental is subject of an environmental easement, shall, be entitled to re easements be compensation commensurate with the lost value of the land in ay m accordance with this Act. bo ok (2) Compensation to any value of the land referred to under th is Cap. 118 subsection (1) shall be made in accordance with the provisions of Cap. 113 rt of the Land Acquisition Act and the Land Act. pa o .N ve se r d (c) Conservation Orders re Imposition of 161. For the purpose of environmental management where the s rig environmental ht conservation need arise for the creation of easement on a burdened land, ll .A order ni the authority to which that land is subject, may request the a anza Minister to issue environmental conservation order so as to- to fT (a) preserve flora and fauna; en m (b) preserve the quality and flow of water in a dam, lake, er n river or aquifer; G 25 ov (c) preserve any outstanding geological, physiographical, 20 ecological, archaeological, or historical features of the © burdened land; (d) preserve scenic view; (e) preserve open space; 538 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) permit persons to walk in a defined path across the burdened land; (g) preserve the natural contours and features of the burdened land; (h) prevent or restrict the scope of any activity on the . OAG burdened land which has its object in mining and of is working of minerals or aggregates; sion (i) prevent or restrict the scope of any agricultural activity erm tp on the burdened land; ou (j) create and maintain works on burdened land so as to ith w limit or prevent harm to the environment; or d te st rib (k) create or maintain migration corridors for wildlife. di u or ed PART XII uc pr ANALYSIS AND RECORDS od re be ay Designation of 162. The Council by order published in the Gazette, shall m laboratories for ok analysis and designate- bo (a) the Government Chemist Laboratory Authority; is taking of samples th of (b) any of the accredited laboratories of public universities; pa rt (c) accredited public laboratories established under or in o .N pursuance of any written law; and ve d (d) any accredited private laboratories, re se r to be laboratories which may, among other things, be used for rig s ht analytical and reference for purposes of this Act. ll .A ni a Designation of anza 163.–(1) An order designating laboratories for purposes analysts and fT reference analysts to of analysis may also designate analysts or reference analysts en from amongst the persons affiliated or working within the m er n designated laboratories. Gov (2) An order designating any laboratories for purposes of this Act shall state specific environmental functions of the 25 20 laboratories, local limits or subject matter that laboratory shall © serve and the person appointed as analysts in respect of that laboratory. 539 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Certificate of 164.–(1) A laboratory that has been designated as an analytical analysis and its effect or reference laboratory under this Act shall issue a certificate of analysis of any substance submitted to it pursuant to this Act. (2) A certificate of analysis shall state the methods of analysis followed and shall be signed by the analyst or reference analyst, . OAG as the case may be. of is (3) When made in accordance with this section, a certificate sion issued by the analyst or reference analyst shall be sufficient erm tp evidence of the facts stated in the certificate for the purposesou of this Act. ith w (4) The results of any analysis made by the laboratory shall d te st rib be open for inspection by interested parties upon payment of di u a prescribed fee. or ed uc Record keeping 165. The Council by notice published in the Gazette, shall prod of matters prescribe- re impacting on be environment (a) the activities impacting on the environment for which ay m records shall be kept for the purposes of this Act; bo ok (b) contents of records and the manner in which they shall th is be kept and made available; and of rt (c) availability at reasonable costs of records so kept for pa o environmental audit, environmental monitoring and ve .N evaluation, pollution control, inspection and for any se r d other purposes that may be prescribed. s re right Annual 166.–(1) Records kept in pursuance of section 165 shall be ll .A submission of submitted annually to the Council. ni a records an fT za (2) The Council shall keep and maintain records submitted en to to it in a manner that maintains the confidentiality of the er m records. n Gov 25 Disclosure of 167. Subject to the needs of confidentiality as circumstances analytical results 20 © may require and any fees which may be prescribed, a person may have access to any records submitted to the Council under this Act. 540 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Environmental 168. The Ministerial Advisory Board of the Government responsibilities of Government Chemist Laboratory Authority shall keep the Council updated Chemist on any advice it receives from the Industrial and Consumer Chemicals Management and Control Technical Committee established under the Industrial Consumer (Management . OAG Cap. 182 and Control) Act, on matters likely to adversely affect the of is environment. sion erm Prescribing mode 169. The Minister after consultation with Ministers responsible ou tp of cooperation on chemical for health, industry, agriculture, science and technology, may ith w pollutants make rules prescribing the mode of cooperation between d te st Council, and organs established under the Industrial and rib u Consumer Chemicals (Management and Control) Act, in di Cap. 182 or relation to- ed uc (a) the laboratories designated as fit to issue certificates of prod analysis of substances; re be (b) the Ministerial Advisory Board; and ay m (c) the Emergency Response Committees established under bo ok the Industrial and Consumer Chemicals (Management th is Cap. 182 and Control) Act. of rt pa

170.–(1) The following institutions shall keep the Council o Requirement .N to keep Council ve informed updated on matters relating to their respective functions which se d r have or may have great impact on the environment- re s (a) the Tanzania Pesticides Research Institute; right (b) the Tanzania Atomic Energy Commission; ll .A (c) the Tanzania Medicine and Medical Devices Authority; ni a an fT za (d) the Occupational Health and Safety Authority; and en to (e) the Veterinary Council of Tanzania. er m (2) Without prejudice to the provisions of subsection (1), n Gov matters to which the Council shall require a report are- 25 (a) premises registered for purposes of Industrial and 20 © Cap. 182 Consumer Chemicals (Management and Control) Act; (b) records of chemicals produced, imported, exported, sold, dealt in stored or used by each of the institutions referred in subsection (1); 541 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) records of orders banning, restricting or otherwise eliminating the chemicals which are ordinarily used by each of the institutions referred to in subsection (1); (d) in relation to institutions referred to in subsection (1)- (i) distribution of inspectors and analysts; . OAG (ii) labelling and packaging; of is (iii) disposals of wastes; and sion (iv) decommissioning of plants. erm tp ou Environmental 171.–(1) Without prejudice to the exercise of his powers under ith w records on mining activities the Mining Act, the Commissioner for Minerals through sector d te st Cap. 123 environment coordinator responsible for mining shall forward rib u to the Council as public records, copies of the following di or documents relating to the environment- ed uc (a) environmental matters contained in any development prod agreements that are required to be made between the re be Government and the holder of a mineral right or an ay m applicant for a mineral right; bo ok (b) environmental studies and assessments made by th is appropriate experts or consultants which are required to of rt accompany applications for retention licences showing o pa any impact on the environment and the manner the ve .N applicant proposes to prevent, eliminate or minimise se r d any adverse effects on the environment; s re rig (c) any terms and conditions on protection and preservation ht of the environment which may be implied into mineral ll .A ni retention licences or mineral development agreements; a anza fT (d) environmental management plans or proposals for prevention of pollution or plans for treatment of waste to en er n m or plans for reclamation of land and water resources, Gov or plans for minimising the adverse effects on the 25 20 environment resulting from mining operations, that may © be prepared by applicants for special mining licences; (e) Environmental Impact Assessments on any proposed mining operations commissioned by the applicants for 542 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] special mining licences to the Minister responsible for minerals; (f) environmental management plans appended to the special mining licences; and (g) environmental management plans in respect of mining . OAG operations prepared by applicants seeking to renew of is special mining licences and any refusal to renew on sion account of impact on the environment. erm tp (2) The Director of Environment may give general or specific ou directive in consultation with the Commissioner for Minerals ith w to sector environment coordinator responsible for mining, on d te st rib any matter pertaining to the implementation of provisions on di u Cap. 123 environmental management falling under the Mining Act. or ed (3) The Council shall keep and maintain copies constituting uc pr records received under this section as public records accessible re od to the public upon payment of a prescribed fee. be ay m PART XIII bo ok ENVIRONMENTAL INFORMATION, is th of EDUCATION AND RESEARCH pa rt o .N Freedom of access 172.–(1) A citizen of Tanzania subject to the provisions of ve d to environmental subsection (2) and regulations made by the Minister, shall have se r information re freedom of access to publicly held information relating to the s right implementation of this Act and to the state of the environment ll .A niand actual and future threats to the environment, including a anza any emissions to water, air or land as well as the disposal and storage of hazardous waste. fT to en m (2) A request for information made pursuant to subsection G er n (1) may be refused- ov 25 (a) where information to be sought would involve 20 © supply of unfinished documents or data or internal communications, or where the request is manifestly unreasonable or formulated in too general manner; (b) where the public order or national security would be affected by supply of the information sought; 543 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) for the reasonable protection of trade or industrial secrets; (d) where the request is too vague or uncertain to enable identification of the information sought; or (e) where the organ on which the request is made is . OAG unaware of the existence of the information sought. of is (3) In the event of a request for information being refused, sion the body so refusing shall be obliged to furnish written reasons erm tp for the refusal. ou (4) The Director of Environment and the Director General ith w shall have access to information relating to the implementation d te st rib of this Act and to the state of the environment and to the actual di u and future threats to the environment including any emissions or ed to water, air or land as well as the disposal and storage of uc pr hazardous waste necessary to enable them to carry out their re od respective duties in terms of the provisions of this Act or any be other written law relating to the protection of the environment ay m and the utilisation of natural resources. bo ok (5) It shall be an offence to refuse to give information th is requested by the Director of Environment or the Director of rt General for the purposes of performance of their respective pa o .N functions or the exercise of their powers under this Act. ve d se r Powers of Council 173. The Council shall- re s to collect, analyse rig and disseminate (a) gather information on the environment and natural ht resources on the existing data; ll environmental .A information ni (b) subject to any other written law, have access to any data a anza fT collection on the environment and natural resources; (c) analyse information relating to the environment and to en er n m natural resources; Gov (d) disseminate information to public and private users; 25 20 (e) commission studies in demographic and trends impacting © on environmental and development issues; (f) carry out public information and education campaigns in the field of environment; 544 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) exchange information relating to environment with Non-Governmental Organisations or any other regional and international organisations; (h) coordinate the management of environmental information with sector ministries; . OAG (i) advise the Minister on existing information gaps and of is needs; or sion (j) establish in consultation with sector ministries, guidelineserm tp and principles for the gathering, processing and ou dissemination of environmental information. ith w d te st Central 174. The Council shall establish and operate a Central rib u Environmental Environmental Information System which may bring together di or Information System any findings, data and statistics generated by both public and ed uc private institutions in the course of environmental observation prod and management. re be ay

175.–(1) The Director of Environment in every two years, m State of ok Environment shall publish a report on the state of the environment and bo Report is environment management which shall also be tabled before th of the National Assembly. rt pa (2) The Director of Environment may publish any other o .N ve information he considers necessary for public education on se d r the environment and other environmental issues. s re right Environmental 176.–(1) The Director of Environment in consultation with ll .A education and awareness nithe relevant sector ministries, shall take appropriate measures a anza for the integration of environment matters in schools, colleges fT to and institutions of higher learning. en m (2) The Director of Environment shall plan and conduct er G n programmes aimed at raising awareness of the people on ov 25 sustainable development and environmental management. 20 © Environmental 177.–(1) The Council shall conduct surveys on the state of research the environment and may research and make forecast on environmental changes and other studies that may contribute to the formulation of policies and preparation of action plans 545 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] and strategies with regard to environmental conservation and management. (2) Notwithstanding the provisions of subsection (1), the Minister may designate any institution as an advisory body charged with responsibility of enhancement of targeted scientific . OAG research, information generation in the field of environment, of is monitoring and assessment of effectiveness of actions taken. sion erm PART XIV tp ou ith PUBLIC PARTICIPATION IN ENVIRONMENTAL d w DECISION MAKING te st rib u di

178.–(1) The public shall have the right to be timely informed or Public ed participation in environmental of the intention of public authorities to make executive or pr uc od decision making legislative decisions affecting the environment and of available re opportunities to participate in the decisions. ay be (2) The public shall have the right to participate in decisions m ok concerning the design of environmental policies, strategies, bo plans and programmes and to participate in the preparation of is th of laws and regulations relating to the environment. pa rt (3) Information relating to decisions affecting the environment o .N may be made available to the public before the date on which ve d the decision is to be made. se r re (4) Public involvement in environmental decision-making rig s ht shall be made through- ll .A ni a (a) early and accessible notice of the intention to make anza the decision, such as, formulation of policies, plans and programmes relating to the environment; fT to en m (b) indication of opportunities for the public to present G er n oral and written comments on proposed policies, plans ov 25 and programmes; and 20 © (c) access to environmental information subject to this Act or any other written law. (5) The Council and other relevant authorities shall establish mechanisms to collect and respond to public comments, concerns and questions related to the environment including- 546 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) public debates and hearings; and (b) environmental information, registries and complaints desks in all public institutions. PART XV . OAG INTERNATIONAL AGREEMENTS of ission er International 179.–(1) Where, the United Republic is a party to an international tp m Agreements on Environment or regional agreement concerning the management of the ou ith environment, the Minister in consultation with the relevantd w sector ministry shall- te st rib (a) initiate and prepare legislative proposals for consideration di u by the relevant ministry for purposes of implementing or ed those agreements; and pr uc od (b) identify appropriate measures necessary for the re implementation of those agreements. be ay (2) Where a sector ministry is involved in negotiation of an m ok international agreement on matters relating to protection and bo management of environment, the sector minister concerned prior is th of to submission for ratification by the National Assembly, shall pa rt communicate to the Minister on the substance of the agreement o .N with a view to assess the likely impact on the environment. ve d (3) The Minister shall create mechanism to work closely re se r with international and regional communities to contribute s right towards peaceful, healthier and better global environment for ll .A nithe present and future generation. a anza (4) The Director of Environment shall keep a register of fT to international agreements concerning the management of the en m environment to which the United Republic is a party. er n G Transboundary ov 180.–(1) The Minister in consultation with relevant ministries, environmental may initiate discussion with relevant authorities of neighboring 25 20 management countries on environmental management programmes © programmes and measures to avoid and minimise such trans boundary environmental impacts. 547 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) The Director of Environment in cooperation with sector ministries or government agencies, shall initiate and implement transboundary environmental management programmes with neighboring countries. . OAG Establishment of 181. Without prejudice to the provisions of this Part, the Director of national offices and focal points of Environment may establish a national office or national focal ission point of implementation of international agreements on erm environment. ou tp ith w PART XVI d te st rib COMPLIANCE AND ENFORCEMENT di u or ed Appointment and 182.–(1) There shall be appointed by the Minister, uc designation of pr environmental environmental inspectors among the employees of the Council. re od inspectors (2) The Minister may designate in writing any employee of be local government authorities, ministries or any other public ay m institution either by name or office, to be an environmental bo ok inspector for the purpose of this Act. th is (3) The Director of Public Prosecutions may designate of rt an environmental officer to be a public prosecutor upon pa o .N recommendation of the Minister. ve d se r Powers of 183.–(1) The environmental inspector appointed or designated as s re environmental rig inspectors such may, with or without a warrant, at any reasonable time ht and with any necessary assistance- ll .A ni (a) enter into or upon any building, vehicle, aircraft, vessel, a anza fT land, waters, or other place, other than place actually or habitually used as a dwelling house; to en er n m (b) stop any vehicle or vessel that he reasonably believes as- Gov (i) being operated in contravention of this Act; and 25 20 (ii) discharging or has discharged a contaminant in © contravention of this Act; (c) take samples; (d) take photographs and videos; (e) record or copy any information by any method; 548 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) require the production of any document, record or other thing that is required to be kept under this Act, and any other document that is related to the purposes of the inspection and remove it for the purpose of making copies or extracts, provided that, nothing shall . OAG be removed without providing a receipt; of is (g) inspect, seize and take copies of any documents which sion may constitute evidence of the commission of an offence erm tp under this Act; ou (h) make reasonable inquiries of any person, orally or in ith w writing; d te st rib (i) seize any vessel, vehicle, aircraft or equipment that the di u inspector has reasonable grounds to believe has been or ed used in the commission of an offence under this Act; and uc pr (j) order removal of any waste or other substance or thing re od deposited or discharged in contravention of this Act. be (2) An environmental inspector acting under subsection ay m (1), upon demand of any occupant, shall show the inspector’s bo ok identification card and explain the purpose of inspection. th is (3) A person who is asked by an environmental inspector of rt taking action under subsection (1) to do anything that is pa o .N necessary in order to enable the environmental inspector to ve d carry out that action, shall immediately comply with the request. se r re s

184.–(1) A person who- rig Offences relating ht to Environmental (a) fails or refuses to conduct an Environmental Impact ll .A Impact ni Assessment study in respect of a project for which the a Assessmentan Act No. za fT 13 of 2016 s. 12 assessment is mandatory; (b) fails to prepare an Environmental Impact Assessment to en er n m report as required under any provision of this Act; or Gov (c) fraudulently makes a false statement on an Environmental 25 20 Impact Assessment report submitted under this Act, © commits an offence and on conviction shall be liable to a fine of not less than five hundred thousand shillings but not exceeding ten million shillings or to imprisonment for a term 549 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] of not less than two years but not exceeding seven years or to both. (2) Where the offence committed is that of failing or refusing to conduct an Environmental Impact Assessment study, the offender, on conviction, shall be liable to a fine of not less than . OAG five million shillings but not exceeding one billion shillings or of is to imprisonment for a term of not less than two years but not sion exceeding seven years or to both. erm tp ou Offences relating 185. A person who- ith w to records (a) fails to keep records of the activities, products, by- d te st products, and wastes required to be kept by this Act; or rib u (b) fraudulently alters any records required by this Act, di or commits an offence and on conviction shall be liable to a ed uc fine of not less than five hundred thousand shillings but not prod exceeding ten million shillings or to imprisonment for a term re be of not less than two years but not exceeding seven years or ay m to both. bo ok is

186. A person who- th Offences relating of to environmental (a) contravenes any environmental standards or guidelines rt pa standards for which other penalty is not specifically provided o .N ve for; or se d r (b) contravenes a measure prescribed under this Act for re s rig which no other penalty is specifically provided, ht commits an offence and on conviction shall be liable to a fine ll .A of not less than two million shillings but not exceeding ten ni a an fT za million shillings or to imprisonment for a term of not less en to than two years but not exceeding seven years or to both. m er G n Offences relating 187.–(1) A person who- ov to pollution 25 Act No. (a) discharges any dangerous materials, substances, oil, oil 20 © 13 of 2016 s. 13 mixtures into land, water, air or aquatic environment contrary to the provisions of this Act; (b) pollutes the environment contrary to the provisions of this Act; or 550 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) discharges any pollutant into the environment contrary to the provisions of this Act, commits an offence and on conviction shall be liable to a fine of not less than five million shillings but not exceeding ten billion shillings. . OAG (2) In addition to any sentence that the court may impose of is upon a person convicted pursuant to the provisions of subsection sion (1), the court may direct that person to- erm tp (a) pay the full cost of cleaning up the polluted environment ou and of removing the pollution; or ith w (b) clean up the polluted environment and remove the d te st rib effects of pollution to the satisfaction of the Council. di u (3) Without prejudice to the provisions of subsections (1) or ed and (2), the court may direct the polluter to meet the cost of uc pr injury or effect of the pollution to any third parties through re od adequate compensation, restoration or restitution. be ay m Offences relating 188. A person who- bo ok to biological diversity (a) trades; th is (b) possesses; or of rt (c) disturbs the habitat, pa o of a component of biological diversity in contravention of ve .N guidelines and measures prescribed under sections 66, 67 se r d and 68 or other provisions of this Act, commits an offence re s rig and on conviction shall be liable to a fine not exceeding ten ht million shillings or to imprisonment for a term not exceeding ll .A ni five years or to both. a anza fT Offences relating en to 189. A person who fails, neglects or refuses to comply with- to environmental m restoration, er (a) an environmental restoration order made under this n G easements and ov Act; conservation 25 orders (b) an environmental easement, issued under this Act; and 20 © (c) an environmental conservation order made under this Act, 551 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] commits an offence and on conviction shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both. Offences relating 190.–(1) A person commits an offence who, without reasonable . OAG to litter excuse or lawful justification- of (a) deposits any litter in or on any public place; ission (b) deposits any litter in or on any private land without the erm consent of its occupier; ou tp (c) deposits any litter in or on any private land in the ith w ownership or possession of a person who does not d te st reside in Tanzania, whether or not that person consents rib u to it; di or (d) deposits any inorganic litter in or on any land other ed uc than land designated or approved for the disposal of prod waste; re be (e) having deposited any litter whether in advertently ay m or otherwise in or on any public place, or in or on bo ok any private land without the consent of its occupier, th is leaves the litter there after having been requested by an of rt environment inspector to remove it; pa o (f) refuses or fails to comply with the provisions of ve .N section 121; se r d (g) refuses or fails to comply with a requirement made re s rightunder section 122; or (h) refuses or fails to comply with a notice issued under ll .A ni section 122 or refuses or fails to comply with a decision a anza fT of the permitting authority under that section, and on conviction shall be liable, in the case of- to en er n m (i) an individual, to a fine not exceeding one million Gov shillings; and 25 20 (ii) in the case of a body corporate, to a fine not © exceeding five million shillings. (2) Where a person is convicted of an offence against this section, the court shall, in addition to imposing a penalty, order the offender, under the supervision and to the satisfaction of 552 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] a person nominated by the court, to clear up and remove the deposited litter within the period and to a place as may be specified in the order, and on the making of any order, the court shall further order that, where the offender fails to comply with the order he is liable in addition to any other penalty imposed, . OAG to a fine not exceeding five hundred thousand shillings. of is (3) Where the court convicts a person of an offence against sion this section, the court may, if it thinks fit, in addition to imposing erm tp of penalty, order the offender to pay by way of compensation to ou the public authority having the control or management of the ith w public place or as the case may be, the occupier of the private d te st rib land where the offence was committed, a sum as it considers di u reasonable to cover the cost of the removal of the litter, and or ed the amount so awarded shall be deemed to be a judgment debt uc pr due to the authority or occupier from the offender, and may be re od enforced in any manner in which a judgment or order of the be court for the payment of a civil debt may be enforced. ay m ok bo General penalty 191. A person, who commits an offence against any provision th is Act No. 13 of 2016 s. 14 of this Act for which a specific penalty is not provided for, of rt on conviction shall be liable to a fine of not less than fifty pa o thousand shillings but not exceeding one billion shillings or to ve .N imprisonment for a term of not less than three months but not se r d exceeding seven years or to both. s re right Civil liability 192.–(1) A conviction for an offence committed under this ll .A Act, shall not exonerate any person or body corporate from ni a an fT za any civil proceeding which may be instituted under this Act. en to (2) A person shall not be deemed to have committed an er m offence by virtue of subsection (1) where that person proves n Gov that, the offence was committed without his knowledge or 25 connivance and that he exercised all due care and diligence 20 © to prevent the commission of the offence having regard to the circumstances. 553 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Forfeiture, 193.–(1) The court, before which a person is charged with an cancellation, community offence against this Act or any regulations made under this service and other Act, may direct that, in addition to any other order- orders (a) upon the conviction of the accused; or (b) where it is satisfied that an offence was committed . OAG notwithstanding that no person has been convicted of of is the offence, order that the substances, equipment and sion appliances used in the commission of the offence be erm tp forfeited to the Government and, be or disposed of inou the manner as the court may determine. ith w (2) In making an order under subsection (1), the court d te st rib may also order that, the cost of disposing of the substances, di u equipment and appliances referred to in subsection (1), be or ed borne by the accused person. uc pr (3) The court may further order that, any licence, permit re od or other authorisation given under this Act and to which the be offence relates be cancelled. ay m (4) In addition to any fine imposed upon by the court, the bo ok court may order the accused person to do community work, th is which promotes the protection of the environment. of rt (5) Without prejudice to the generality of this section, the pa o .N court may also issue an environmental restoration order against ve d the accused person in accordance with this Act, regulations, se r re guidelines or standards made under this Act. rig s ht

194.–(1) Notwithstanding the provisions of this Act relating to ll Compounding of .A offences ni penalties, where a person, corporate or unincorporated admits a Act No. anza 5 of 2021 s. 42 fT in writing that he has committed an offence under this Act, the Director General or an environmental inspector authorised by to en er n m him in writing may, subject to the regulations made under Gov subsection (7), at any time prior to the commencement 25 20 of the proceedings by a court of competent jurisdiction and © by notification prescribed in the regulations, compound the offence and order the person to pay a sum of money together with all reasonable expenses the Council may have incurred in connection with the offence. 554 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) Where an offence is compounded in accordance with subsection (1) and criminal proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the Court that, the offence with which the offender is charged has been . OAG compounded under subsection (1): of is Provided that, the provision of this subsection shall not apply sion to an application for forfeiture order under subsection (4). erm tp (3) Where a person fails to comply with the order issued ou under subsection (1) within the prescribed period, the Director ith w General may enforce the order in the same manner as a d te st rib decree of a court for the payment of the amount stated in the di u notification. or ed (4) Notwithstanding the provisions of subsections (1), the uc pr Director General may, in addition to the fine imposed under re od subsection (1), apply to the Court pursuant to section 193 for be forfeiture of any instrument, article, vehicle or other thing, if ay m any, in respect of which the offence has been committed. bo ok (5) The moneys charged under this section shall, unless th is otherwise directed by the Minister responsible for finance, be of rt paid into the Consolidated Fund. pa o .N (6) The Director General shall submit quarterly reports of ve d all compounded offences under this section to the Director of se r re Public Prosecutions. s rig ll (7) The sum to be charged for a compoundable offence, forms ht niand manner of compounding of offences shall be as prescribed .A a anza in the regulations made under this Act. fT

195.–(1) Where the Council has reasonable grounds to believe to Prevention en order to protect er m environment n that, a person is or will be conducting an activity or is or will Gov be in possession or control of a substance or thing that may 25 20 result in an adverse effect on the environment or public health, © it may serve a prevention order on that person. (2) A prevention order may require the person against whom it is made- (a) to create a written emergency response plan that is adequate to reduce or eliminate the risk; 555 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) to provide a copy of that plan to the Council; (c) to have any necessary equipment, facilities and trained personnel available to deal with the risk; (d) upon an identified event or set of circumstances occurring, to implement the plan; and . OAG (e) to take whatever other measures which may be necessary of is to ensure that, any emergency can be effectively sion responded to. erm tp (3) A person on whom a prevention order is served shall ou comply with the requirements of the order by the date or dates ith w specified in the order and if no date is specified, that person d te st rib shall comply with the order immediately. di u (4) A person who contravenes subsection (3), commits or ed an offence and, on conviction, shall be liable to a fine of not uc pr more than one million shillings or to imprisonment for a term re od not exceeding one year and where that person fails to comply be with a requirement specified in the prevention order within ay m the time specified, that person shall be liable to a further fine bo ok not exceeding one hundred thousand shillings for every day or th is part of a day after the date specified in the order during which of rt the offence continued. pa o .N (5) A person on whom a prevention order has been served ve d may apply to the Minister for a review in accordance with se r re procedure that the Minister may prescribe. rig s ht

196.–(1) Where the Council has reasonable grounds to believe ll Protection order .A ni against activities that an activity is resulting in or is likely to result in an adverse a adverse on anza environment fT effect to the environment or public health, it may serve a protection order on- to en er n m (a) the owner, manager or person in control of the premises, Gov vehicle, vessel, aircraft or equipment where the activity 25 20 is occurring or will occur; or © (b) a person who caused or permitted the activity. (2) A protection order may require the person on whom it is served to take any measures that will assist in avoiding, remedying or mitigating the adverse effects and, without 556 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] limitation to the generality of subsection (1), to take any measure to- (a) stop the activity that is resulting in or is likely to result in, an adverse effect; (b) control the activity; . OAG (c) assess the actual or anticipated extent of the adverse of is effect; sion (d) remedy an adverse effect caused by the activity; or erm tp (e) to prevent a recurrence of the activity or the adverse ou effect. ith w (3) A person on whom a protection order is served, shall d te st rib comply with the requirements of the order by the date or dates di u specified in the order and where no date is specified, that or ed person shall comply with the order immediately. uc pr (4) A person who contravenes subsection (3), commits re od an offence and, on conviction, shall be liable to a fine of not be exceeding one million shillings or to imprisonment to a term ay m not exceeding one year and where the person fails to comply bo ok with a requirement specified in the protection order within th is the time specified, to a further fine not exceeding one hundred of rt thousand shillings for every day or part of a day after the date pa o .N specified in the order during which the offence continued. ve d (5) A person on whom a protection order has been served se r re may apply to the Minister for a review in accordance with the rig s procedure that the Minister may prescribe. ll ht .A ni

197.–(1) A environmental inspector who observes the a Emergency anza protection order fT discharge of a contaminant into the environment in an amount, concentration or manner that constitutes a risk to human to en er n m health or property or that causes or has the potential to cause Gov adverse effects on the environment may serve an emergency 25 20 protection order on- © (a) the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was or is being made; 557 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) a person who, at the time when the discharge occurred, was the owner, manager of person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was made; or (c) a person who caused or permitted the discharge. . OAG (2) An emergency protection order may require the person of is on whom it is served to take any measures that shall assist in sion reducing or eliminating the risk or harm and without limitation erm tp to generality of the foregoing, to take any measures to- ou (a) stop the discharge; ith w (b) control the discharge; d te st rib (c) clean up or remove the contaminant or other substance di u from any place; or or ed (d) prevent a recurrence of the discharge. uc pr (3) A person on whom an emergency protection order is re od served shall comply with the requirements of the order by be the date or dates specified in the order and where no date is ay m specified that person shall comply with the order immediately. bo ok (4) A person who contravenes subsection (3), commits th is an offence and on conviction, shall be liable to a fine not of rt exceeding ten million shillings or to imprisonment to a term pa o .N not exceeding one year and where the person has failed to ve d comply with a requirement specified in the order within the se r re time specified, that person shall be liable to a further fine not rig s exceeding one hundred thousand shilling for every day or part ll ht ni a of a day after the date specified in the order during which the .A anza offence continues. fT to (5) A person on whom an emergency protection order has been en served may apply to the Minister for a review in accordance m er n with procedure that the Minister may prescribe. Gov 25 20 Environmental 198.–(1) Where the Council has reason to believe that, any compliance order © condition of a licence issued in relation to the conduct of any activity has been breached, the Council may serve a compliance order on the licence holder requiring that person to remedy the breach within a reasonable period stipulated in the order 558 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] failure of which the Council may require the competent authority issuing such licence to cancel such licence. (2) The compliance order may- (a) temporarily suspend the licence with immediate effect or otherwise as the Council may consider to be that this . OAG is necessary to prevent or mitigate an imminent risk of is of significant adverse effects to the environment or to sion human health occurring; and erm tp (b) require the licence holder to take specified measures to ou prevent or abate any adverse effect. ith w (3) Where the licensee fails to comply with the compliance d te st rib order, the Council may- di u (a) take the necessary steps to remedy the breach and or ed recover the cost from the licence holder; uc pr (b) ask the relevant authority to alter the conditions of the re od licence; or be (c) cause revocation of the licence. ay m (4) A person on whom a compliance order is served shall bo ok comply with the requirements of the order by the date or dates th is specified in the order and where no date is specified, the person of rt shall comply with the order immediately. pa o .N (5) A person who contravenes subsection (4), commits ve d an offence and on conviction, shall be liable to a fine not se r re exceeding ten million shillings or to imprisonment to a term rig s not exceeding one year and where the person has failed to ll ht ni a comply with a requirement specified in the order within the .A anza time specified, that person shall be liable to a further fine not fT to exceeding one hundred thousand shilling for every day or part en of a day after the date specified in the order during which the m er n offence continued. Gov (6) A person on whom a compliance order has been served may apply to the Minister for a review in accordance with 25 20 procedure that the Minister may prescribe. © Cost order 199.–(1) Where a person fails to comply with any requirement in an order under this Part, the Council may cause the required 559 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] measures to be taken and may issue a cost order requiring that person to reimburse the Council for the cost of taking the measures. (2) A person to whom a cost order has been issued may, within thirty days of the order being served, apply to the . OAG Minister for a review of the order in accordance with procedure of is that the Minister may prescribe. sion (3) Where an application for the review of a cost order is erm tp not made within the period specified in subsection (2), the ou order for cost may be enforced as if it were an order of court. ith w d te st Offences in 200. A person who- rib u relation to (a) hinders or obstructs an environmental inspector in the di or environmental inspectors execution of his duties under this Act; ed uc (b) fails to comply with a lawful order or requirements prod made by any environmental inspector in accordance re be with this Act; ay m (c) refuses an environmental inspector entry upon any bo ok land or into any premises which he is empowered to th is enter by this Act; of rt (d) impersonates an environmental inspector; pa o (e) refuses an environmental inspector access to records ve .N kept in accordance with this Act; se r d (f) fails to state or wrongly states his name or address to s re rig an environmental inspector in the course of his duties ht under this Act; or ll .A ni (g) misleads or gives wrong information to an environmental a anza fT inspector under this Act, commits an offence and on conviction shall be liable to a fine to en er n m not exceeding five million shillings or to imprisonment for a Gov term not exceeding seven years or to both. 25 20 © Liability of 201.–(1) Where a body corporate commits an offence under this managers of bodies corporate Act, a director or partner and any other person concerned in the management of that body corporate, commits the offence unless that person proves that- (a) the offence was committed without his consent or connivance; and 560 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) the person exercised due diligence to prevent the commission of the offence as ought to have been exercised by that person having regard to the nature of his functions in that capacity and to all the circumstances. (2) The director or partner and any other person concerned . OAG in the management of a body corporate to which a licence or of is order has been issued under this Act shall take reasonable steps sion to prevent that body corporate from contravening or failing to erm tp comply with the licence or order. ou (3) A person who contravenes the provisions of subsection ith w (2), commits an offence and on conviction shall be liable to a d te st rib fine not exceeding five million shillings or to imprisonment to di u a term not exceeding one year or to both. or ed uc Right of 202. An individual or legal persons may bring action and prod individual and seek appropriate relief in respect of any breach, violation or re legal persons to be sue threatened breach or violation of any provision of this Act or ay m of any use of article, substance or natural resources- bo ok (a) in that individual’s or legal persons own interest; th is (b) in the interest or on behalf of a person who is, for of rt practical reasons, unable to bring such action; pa o (c) in the interest of or on behalf of a group or class of ve .N person whose interests are affected; se r d (d) in the public interest; and s re rig ll (e) in the interest of the environment or other habitats. ht .A

203.–(1) Except as otherwise specified in this Act, it shall ni Defence a an fT za be a defence for a person charged to prove that, he took en to reasonable precautions and exercised due diligence to prevent er m the commission of the offence as ought to have been exercised n Gov by that person having regard to surrounding circumstances. 25 (2) It shall not be a defence to a charge under this Act that 20 © the defendant was rendered unable to comply with any order or perform any act or function or an act or omission of another person that would have likewise constituted a contravention of this Act. 561 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] PART XVII ENVIRONMENTAL APPEALS TRIBUNAL Establishment 204.–(1) There shall be established the Environmental Appeals . and composition O of Tribunal Tribunal which shall consist of- AG (a) a Chairman who shall be appointed by the President of issi from amongst the persons qualified to be appointed a on er judge; tp m (b) an advocate of the High Court of Tanzania recommended ou ith by the Tanganyika Law Society; d w (c) one member with high academic qualifications and te st rib experience in environmental law; and di u (d) two other members who have demonstrated or ed exemplary professional competence in the field of pr uc od environmental management. re (2) The members referred to in paragraphs (b), (c) and (d) ay be shall be appointed by the Minister. m ok (3) The Chairman and other members shall hold office for a bo term of three years and shall be eligible for reappointment for is th of one further term. pa rt (4) The appointment of members of the Tribunal shall be o .N made at different times so that the respective expiry dates of ve d their terms of office shall fall at different times. re se r (5) The Chairman of the Tribunal may invite any persons rig s ht with special skills or knowledge on environmental issues ll .A ni awhich are the subject matter of any proceedings or inquiry anza before the Tribunal to act as amicus curiae where it appears to the Tribunal that, special skills or knowledge are required for fT to en m proper determination of that matter. er n Gov Sources of funds 205. The sources of funds for the Tribunal shall consist of- 25 for Tribunal 20 (a) sum of money as may be appropriated by the Parliament; and © (b) sum of money as may be charged on the Fund for the purpose of enforcement of sustainable management of the environment. 562 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Jurisdiction of 206.–(1) The Tribunal shall exercise an appellate jurisdiction Tribunal under this Act in respect of matters referred before it pursuant to the provisions of subsection (2). (2) A person who is aggrieved by- (a) the decision or omission by the Minister; . OAG (b) the imposition of or failure to impose any condition, of is limitation or restriction issued under this Act or the sion regulations made under this Act; and erm tp (c) the decision of the Minister to approve or disapprove ou an environmental impact statement, ith w may within thirty days after the occurrence of the event d te st rib against which he is dissatisfied, appeal to the Tribunal in such di u manner as may be prescribed by the Tribunal. or ed (3) Upon hearing of the appeal, the Tribunal may- uc pr (a) confirm, vary or set aside the order, notice, direction or re od decision complained about; or be (b) make other order as to costs as it may deem fit. ay m (4) Where an appeal has been preferred, the Tribunal may bo ok issue any order which it may deem necessary in the circumstances th is of the subject of appeal.of rt (5) Notwithstanding the provisions of subsection (2), the pa o .N Council may, where it appears to it that, a matter involving ve d interpretation of this Act and which is not contentious or not se r re likely to be subject of further litigation, refer the matter to the s rig Tribunal for direction. ll ht .A ni

207.–(1) The Chairman and two members of the Tribunal a Proceedings of an Tribunal za fT shall constitute a quorum. (2) The Chairman shall preside over the meetings of the to en er n m Tribunal, on his absence, by any member elected by members Gov present at that meeting. 25 20 (3) A member of the Tribunal who has interest in any matter © which is the subject of the proceedings before the Tribunal shall not take part in those proceedings. 563 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (4) The Tribunal shall regulate its own procedure and shall Cap. 20 not be bound by rules of procedure or evidence as set out in Cap. 33 Cap. 6 the Criminal Procedure Act, Civil Procedure Code and the Law of Evidence Act, (5) A person who is a party to proceedings before the . OAG Tribunal may appear in person, by an advocate or by a legal of is representative. sion (6) The Tribunal may, for purposes of proceedings before it- erm tp (a) make orders intended to secure the attendance of any ou person at any place where the Tribunal is sitting; ith w (b) make orders for discovery or production of any document d te st rib concerning a matter before it or the investigation of di u any contravention of this Act as it deems necessary or or ed expedient; uc pr (c) take evidence on oath and may, for that purpose, re od administer oaths; and be (d) summon on its own motion or upon request, any person ay m as a witness. bo ok (7) A person who- th is (a) fails to enter appearance before the Tribunal after having of rt been required to do so; pa o .N (b) refuses to take oath before the Tribunal or refuses to ve d produce any article or document when lawfully required se r re rig s to do so; ll(c) knowingly gives false evidence or information which ht ni a .A he knows to be misleading before the Tribunal; and anza (d) at any sitting of the Tribunal, interrupts the proceedings to fT or commits any contempt of the Tribunal, en commits an offence. m er n G Awards of ov 208.–(1) The Tribunal after hearing the appeal or any matter Tribunal 25 20 referred to it by the Council shall- © (a) inquire into the matter and make an award in form of a directive, order or recommendation; (b) notify concerned parties of the award; and 564 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) specify the period within which the award is to be complied with. (2) The award of the Tribunal shall be binding and may be enforced as if it were a decree of the court. . OAG Appeals to High 209.–(1) A party who is aggrieved with the decision or any order of Court of the Tribunal on a point of law, may appeal to the High Court ission within thirty days of the decision or order. erm (2) An appeal to the High Court shall be heard and determined ou tp by a panel of three Judges. ith w (3) The decision of the High Court on any appeal under this d te st section shall be final. rib u di or Immunity of 210.–(1) The Chairman or other members or officers of the ed uc members of Tribunal Tribunal shall not be liable for prosecution or sued in any prod court for an act done or omitted to be done in good faith in the re be discharge of their duty as members or officers of the Tribunal, ay whether or not within the limits of their jurisdiction. m ok (2) An officer of the Tribunal or other person bound to bo is execute the lawful warrants, orders or other process of the th of Tribunal shall not be liable for prosecution or be sued in any rt pa court for the execution of a warrant, order or process which o .N ve he would have been bound to execute within the limit of the se d r jurisdiction of the Tribunal. s re right Remuneration 211. There shall be paid to the Chairman and members of the ll .A of members of Tribunal niTribunal such remuneration and allowances as the Minister a anza shall determine. fT to en Appointment of m 212.–(1) The Chief Justice shall designate any judicial officer to Registrar er n be the Registrar of the Tribunal. G 25 ov (2) The Registrar shall have and perform functions as are 20 © conferred upon him within the jurisdictional functions of the Tribunal as may be directed by the Chairman. 565 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] PART XVIII NATIONAL ENVIRONMENTAL TRUST FUND Establishment 213.–(1) There is established a Fund to be known as the . of National O Environmental National Environmental Trust Fund into which moneys AG received by the Fund shall be paid. of Trust Fund issi (2) The sources of money payable into the Fund shall on er consist of- tp m (a) sums of money as may be appropriated by the Parliament; ou ith (b) sums of money as may be payable to the Fund by way of d w donation, gifts, grants, or bequests by the Government, te st rib other agencies, individual persons or another government di u or international organisations; or ed (c) other sums or property which may, in any manner pr uc od become payable to or vested in the Fund in respect of re any matter incidental to its powers and duties; ay be (d) any income generated by any project financed by the m ok Fund, due allowance being made for any necessary bo expenses which may be met by any such project; and is th of (e) a levy of the amount to be determined by the Minister pa rt in the regulations from prescribed fee payable under o .N this Act. ve d (3) There may be charged on and paid out of the Fund sums re se r of money as may be expended for management of environment s right and administrative functions of the Fund. ll .A ni a Objectives of anza 214.–(1) The objectives of the Trust Fund shall be to- Fund fT to (a) facilitate research intended to further the requirement en m of environmental management; er n (b) foster capacity building; Gov (c) confer environmental awards; 25 20 (d) issue environmental publications; (e) provide scholarships; © (f) promote and assist through grants, community based environmental management programmes; and 566 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) pay for the costs of the meetings of the National Environmental Advisory Committee and of the Board of Trustees. (2) The Board of Trustees on recommendation of the National Environmental Advisory Committee, may determine that . OAG certain donations of the Trust Fund be applied specifically for of is prizes and awards for exemplary services to the environment sion and to be applied by the recipient exclusively to the management erm tp of the environment. ou ith w Composition and 215.–(1) The Fund shall vest in the Board of Trustees and be d te administration of st Fund administered as such. rib u (2) The Board of Trustees shall be appointed by the Minister di or and consist of persons who possess the qualities prescribed in ed uc the Fourth Schedule. prod (3) The Director of Environment shall be the accounting re be officer of the Fund and subject to any specific direction of the ay m Board of Trustees, manage the Fund in accordance with sound bo ok and prudent public financial practice. th is of

216.–(1) The Board of Trustees shall cause to be kept and rt Annual accounts pa and audit of fund maintained proper books of accounts and records with o .N ve respect to-se d r (a) the receipt and expenditure of moneys and other annual re s rightfinancial transactions of the Fund; (b) the assets and liabilities of the Fund, and shall cause to ll .A be made out, for every financial year, a balance sheet ni a an fT za and a statement showing details of the income and en to expenditure of the Fund and its assets and liabilities. er m (2) Not later than six months after the close of every financial n Gov year, the accounts including the balance sheet of the Fund 25 relating to that financial year shall be audited by the Controller 20 © and Auditor-General in accordance with the provisions of the Cap. 348 Public Finance Act. (3) As soon as the accounts of the Fund have been audited, and in any case, not later than six months after such audit, 567 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] the Board of Trustees shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report made by the auditors. (4) As soon as practicable, after receipt of the copy of the statement together with the copy of the report submitted . OAG pursuant to subsection (3), the Minister shall lay a copy of the of is statement together with a copy of the auditors’ report before sion the National Assembly. erm tp ou PART XIX ith w d FINANCIAL PROVISIONS te st rib u di

217. The funds of the Council shall consist of- or Sources of funds ed of Council (a) sum of money as may be appropriated by the Parliament; pr uc od (b) sum of money as may be received by the Council by re way of donation, gift, grant, loan or bequest; be ay (c) any fees that may be charged and payable by the Council; m ok (d) any income generated by any project financed by the bo Council, due allowance being made for any necessary is th of expenses which may be met by any such project; and pa rt (e) any other lawful source of income. o .N ve d Bank account and 218.–(1) The Council shall open and maintain an account or se r appropriation of re funds accounts with commercial banks. s rig ll(2) The income and property as well as revenues of the ht niCouncil acquired in accordance with section 217 shall be .A a anza applied exclusively to the fulfillment of the object of the fT to Council. en m Power to raise er n 219.–(1) The Board with approval of the Minister of Finance, and guarantee Gov loans may obtain loans or credit facilities from any institution for the 25 20 purposes of the Council upon terms and conditions relating to © repayment of the principal and the payment of interests. (2) The Board, if it is of the opinion that, the public interest requires and, subject to approval of the Minister, secure the payment of money by mortgage, charge or lien of its undertaking or property, both present or future, or any part of 568 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] it, and by issuance of debenture, stock, bills, bonds and other means as the Board may deem fit or guarantee the repayment of interest on a loan made to any person engaged in the management of environment in Tanzania. . OAG Investments by 220. The Board may invest any part of the moneys available of Council in any account of the Council which is not for the time being ission required for the purposes of the functions of the Council. erm tp ou Annual and 221.–(1) The Board not less than two months before the ith supplementary w budget beginning of every financial year shall pass a detailed budget in d te this Act called the “Annual Budget” of the amounts respectively- st rib u (a) expected to be received; and di or (b) expected to be disbursed, ed uc by the Council during that financial year and, whenever prod circumstances so require, the Board may pass a supplementary re be budget in any financial year. ay (2) Where in any financial year, the Council requires to m ok make any disbursement not provided for, or of an amount in bo is excess of the amount provided for in the annual budget for th of any year, the Board shall, at a meeting, pass a supplementary rt pa budget detailing such disbursement. o .N ve d se Accounts and 222.–(1) The Board shall cause to be provided and kept in re r audit accordance with international accounting standards on an s right accruals basis, proper books of accounts and records with ll .A nirespect to- a anza (a) the receipt and expenditure of moneys by, and other fT to financial transactions of the Council; and en m (b) the assets and liabilities of the Council, and shall cause er G n to be made out for every financial year a balance sheet ov 25 showing the details of the income and expenditure of 20 © the Council and its assets and liabilities. (2) Within six months of the close of every financial year the accounts including the balance sheet of the Council shall be Cap. 418 audited by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act. 569 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) An audited balance sheet shall be placed before a meeting of the Board and, if adopted by the Board, be endorsed 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 six months after the close of the . OAG financial year, the Board shall submit to the Minister a copy of of is the audited statement of accounts together with a copy of the sion report on that statement made by the auditors. erm tp ou Annual report 223.–(1) The Council shall cause to be prepared and submitted ith w to the Minister within six months after the close of each d te st financial year an annual report detailing generally activities rib u and operations of the Council during that year. di or (2) The report shall be accompanied by- ed uc (a) a copy of the audited accounts of the Council together prod with auditor’s report on the accounts; re be (b) a statement on implementation of directions given by ay m the Minister to the Council during a year in question; bo ok and th is (c) other information as the Minister may direct. of rt (3) The Council shall also submit to the Minister other pa o reports on its financial affairs as the Minister may, by writing, ve .N request. se r d (4) The Minister shall, as soon as the report is submitted to s re rig him, lay before the National Assembly the audited accounts of ht the Council together with the auditor’s report, if any, on the ll .A ni accounts and the annual report of the Council. a anza fT en to PART XX m er n GENERAL AND TRANSITIONAL PROVISIONS Gov

224. Unless specifically provided otherwise, the provisions 25 20 Act to bind Government of this Act, regulations and orders made under it shall bind © the Government. 570 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Saving over 225. In addition to the system of criminal enforcement recourse to civil litigation provided for under this Act or any other written laws, the recourse to civil enforcement shall continue to give individuals who are injured by a violation of this Act, a right to obtain compensation from the violator through private civil suits. . OAG of Range of 226. In order to enforce environmental standards and duties, ission remedies to injured the range of remedies available to a person injured or threatened erm to be injured shall include- ou tp (a) temporary or permanent injunctions; ith w (b) specific performance orders; d te st (c) fines and penalties; rib u (d) compensation; di or (e) restoration orders, conservation orders, easement orders; ed uc (f) compliance orders; prod (g) imprisonment; and re be (h) any other remedy as the Tribunal or court may ay m determine or any administrative measure as may be bo ok prescribed by the Minister. th is of

227.–(1) The Minister shall prescribe in the regulations rt Environmental pa performance activities or processes which threaten the environment of o .N bond ve which environmental performance bond may be required. se d r (2) An environmental performance bond shall be deposited s re with the Director of Environment as security for good right environmental practice until its refund to the depositor. ll .A (3) The environmental performance bond shall be returned ni a an fT za to the operator of activity or process upon the satisfaction of en to the conditions set by the Minister. er m (4) The Director of Environment shall give the operator n Gov of an activity or process an opportunity to be heard before 25 confiscating the environmental performance bond. 20 © (5) An environmental performance bond shall be confiscated in whole or in part when the Director of Environment finds an operator’s practices violate the provisions of this Act, including the conditions of any certificate, licence or permit issued under this Act. 571 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (6) Where an environmental performance bond is confiscated under subsection (5), shall be used to rehabilitate a degraded environment. Right to 228.–(1) The Minister shall make regulations prescribing the . OAG compensation right to compensation for those who suffer damages while of protecting the environment. ission (2) A person who violates environmental protection standards erm causing any damage shall compensate for the damages and costs ou tp of remedying the consequences. ith w d te Environmental 229.–(1) The Minister shall prepare guidelines for the st rib u emergency preparedness management of environmental emergencies including- di or (a) major oil spills and gas leakages; ed uc (b) spills of other hazardous substances; prod (c) industrial accidents; re be (d) natural and climate change related disaster such as ay floods, cyclones, droughts and major pest infestations m ok or other instructions of alien species of fauna and flora; bo is (e) influx of refugees, and th of (f) fire. rt pa (2) With a view to prepare an emergency preparedness o .N ve plan appropriate to the risk anticipated in any establishment, se d r premises or any area of land, the Minister shall make s re consultation with the Disaster Management Department, right Government and private institutions, relevant organisation as ll .A well as individual persons. ni a anza fT Regulations to 230.–(1) The Minister may make regulations for the purpose of en m giving effect to the provisions of this Act. er G n (2) Without prejudice to the generality of subsection (1), ov 25 regulations made under subsection (1) may- 20 © (a) provide for the issue, amendment and revocation of any licence issued under this Act; (b) prescribe fees and levies to be charged under this Act; (c) provide for the protection of any particular species of fauna and flora; 572 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) provide for the control or restriction of access to genetic resources of Tanzania and provide for fees payable in respect of accessing; (e) provide procedure for import and export of germ plasm; (f) provide for the control of the manufacture, importation, . OAG exportation, collection, transportation, treatment, storage, of is recycling, recovery or disposal of substances which may sion be hazardous to the environment and public health; erm tp (g) provide for the disposal of waste generally; ou (h) provide for Environmental Impact Assessment and ith w specify sizes of projects and activities specified in the d te st rib Third Schedule; di u (i) provide for the control of ozone depleting substances; or ed (j) right to compensation for those who suffer damages uc pr while protecting the environment; re od (k) prescribe procedure and the manner for preparation, be adoption and implementation of Environmental Action ay m Plan; bo ok (l) provide for sustainable management of protected th is wetlands; of rt (m) provide for the protection and for integrated management pa o .N of coastal zone; ve d (n) provide for in-situ and ex-situ biodiversity conservation; se r re rig (o) provide for biosafety procedure and measures; s ll (p) provide for management of persistent organic pollutants; ht ni a .A (q) provide for conducting of environmental audit; anza (r) provide for the carrying out of a strategic environment fT to assessment; and en (s) prescribe anything required or permitted to be prescribed m er n under this Act. Gov 25 Repeal and 231.–(1) [Repeals the National Environment Management 20 Savings © Act No. Act.] 19 of 1983 (2) Notwithstanding the repeal of the National Environment Management Act, appointments, orders, notices, or anything given or made under the repealed Act shall be deemed to have been made under this Act and remain in force and effect until 573 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] such appointments, orders, notices or anything given or made is cancelled, revoked, rescinded or otherwise withdrawn by an instrument or order made under or in pursuance to the provisions of this Act. (3) Without prejudice to the provisions of subsections (1) . OAG and (2), appointment of the Director General, members of the of is Board of the National Environmental Management Council sion shall stand made and employments or contracts of service erm tp made with respect to the performance of the functions or the ou exercise of the powers conferred on the Council before the ith w commencement of this Act, shall be treated as if they were d te st rib made, performed or exercised pursuant to the provisions of di u this Act. or ed (4) This section shall not operate so as to prevent an uc pr employee or appointee from resigning or being terminated. re od be Inconsistency 232. Where the provision of this Act is in conflict or is otherwise ay m with other legislation inconsistent with a provision of any other written law relating bo ok to environmental management, the provisions of this Act shall th is prevail to the extent of such inconsistency. of rt pa

233. The Minister as soon as may be practicable after the o Act to be .N translated into ve Kiswahili enactment of this Act, shall cause this Act to be translated into se d r Kiswahili and that translation shall be published in the Gazette, s re circulated to the general public and in any other manner and right forms as will enable the citizens of Tanzania to gain access to ll .A that translation. ni a anza fT to en m er n Gov 25 20 © 574 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

FIRST SCHEDULE (Made under section 11(3)) COMPOSITION, MEETING AND PROCEDURE OF THE NATIONAL ENVIRONMENTAL ADVISORY COMMITTEE O . AG Composition of 1. The National Environmental Advisory Committee shall consist of- of NEAC (a) the Permanent Secretary of the Ministry responsible for ission environment who shall be the Chairman; er (b) the Director of Environment who shall be the Secretary; tp m (c) the Commissioner for Minerals; ou (d) the Director of Forestry; ith w (e) the Director of Wildlife; d te (f) the Director of Water Resources; st rib (g) the Director of Crop Production; di u (h) the Commissioner for Energy; or (i) the Director of Human Settlements; ed uc (j) the Director of Roads; prod (k) the Director of Local Government; re (l) the Director of Industries; be (m) the Director of Veterinary Services; ay m (n) the Director of Disaster Management; ok (o) the Commissioner for Lands; bo is (p) the Director of Fisheries; of th (q) the Director of Animal Production; rt pa (r) a representative of the Attorney General; o (s) a representative from the Ministry responsible for community .N ve development; se d (t) the Director General of NEMC; re r (u) the Director of Preventive Services from the Ministry responsible s rig for health; ht (v) Government Chemist; ll .A ni a (w) a representative from the higher learning institutions; anza (x) a representative from civil societies organisations; and fT to (y) a representative of private sector institutions. en Vice-Chairman m 2. At its first meeting, members of the Committee shall elect amongst their er n number a Vice-Chairman. Gov 25 Tenure of office 3. Members of the Committee other than those appointed by virtue of their 20 offices, shall hold office for three years and, unless their membership is oth- erwise terminated due to misconduct or non attendance without excuse © three successive meetings of the Committee, shall be eligible to reap- pointment for one further term. 575 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] Meetings and 4.–(1) The National Environmental Advisory Committee shall meet at power to convene times and places as the Chairman may, after consultation with the Sec- meetings retary, determine. (2) An ordinary meeting of the Committee shall be convened by the Chairman and the notice specifying the place, date, and time of, and agenda for, the meeting shall be sent to each member at his usual place . OAG of business or residence not less than fourteen days before the date of of the meeting. issi (3) The Chairman or in his absence, a member elected to act as on er chairman, shall convene a special meeting of the Committee in writing m tp signed by not less than three members of the Committee and, where ou such special meeting is convened, the agenda for such meeting shall be ith w circulated to each member at his usual place of business or residence at d te least not less than three days before the date of the meeting. st rib (4) A meeting of the committee shall be presided over by the di u Chairman or in his absence, by a member elected by those members or present at that meeting. ed uc pr Invited persons 5. Without prejudice to paragraph 1, the Chairman of the National En- od vironmental Advisory Committee may invite any person who is likely re be to render assistance in the deliberations of the Committee. ay m Quorum 6. The quorum at any meeting of the Committee shall be half of ok the members. bo is th Sub-Committee 7.–(1) The Committee may establish sub-Committees as it deems fit to of enable it to discharge its functions. rt pa (2) The Committee and any sub-Committees established by the o .N Committee shall have the power to co-opt any person to the committee ve d or sub-Committee either generally or for a specific item of business and se r the co-opted person shall have all the rights and duties of a member s re of the Committee or sub-Committee except that the co-opted person right shall not have any right to vote on any matter before the Committee or ll .A ni sub-Committee. a an Conflict of za 8. A member who has any interest, direct or indirect in any matter com- interest fT ing before the Committee or sub-Committee shall, as soon as is reason- to en ably practicable, disclose the nature of that interest to the Chairman or er m Vice-Chairman and shall not, thereafter take part in any decision on n Gov that matter nor, except with the consent of a majority of the members 25 present at that meeting, take part in any deliberations of that meeting. 20 © Committee 9. Subject to the provisions of this Schedule, the Committee shall regu- to regulate its late its own proceedings. proceedings Reports of 10. The Committee shall prepare an annual report setting out its cur- activities of rent activities and indicating its future activities. Committee 576 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

SECOND SCHEDULE (Made under section 20(2)) PROCEDURE FOR THE CONDUCT OF BUSINESS BY THE BOARD O . AG Vice-Chairman 1. The Members shall elect one of their number to be the Vice-Chair- of man of the Council and shall, subject to his continuing to be a member issi hold office for a term of one year from the date of election, and shall be on er eligible for re-election. tp m Tenure of 2.–(1) A member shall, unless his appointment is sooner terminated by ou ith appointment the President or as the case may be, by the Minister or he ceases in any w d other way to be a member, hold office for the period specified by the te st President in the case of the Chairman or by the Minister, in the case of rib u any other member, in the instrument of his appointment or where no di or period is so specified, for a period of three years from the date of his ed appointment and shall be eligible for re-appointment. uc pr (2) A member appointed under subparagraph (1) may at any time od resign from his office by giving notice in writing to the President or, re be as the case may be, to the Minister, and from the date specified in the ay notice or, where no date is so specified, from the date of the receipt of the m ok notice by the President or the Minister, he shall cease to be a member. bo (3) Where a member of the Council who is a member by virtue of th is his holding some other office is unable for any reason to attend any of meeting he may nominate in writing another person from his ministry rt pa or organisation to attend that meeting in his place. o .N ve Termination 3. The appointment of a member of the Board may be terminated by the se d and cessation of appointing authority where the member- re r membership (a) is adjudged bankrupt or enters into a composition or scheme s right of arrangement with his creditors; (b) is convicted of an offence and sentenced to imprisonment for ll .A ni a a term of six months without option of fine; anza (c) is incapacitated by prolonged physical or mental illness from fT to performing his duties as a member of the Board; or en (d) becomes, for any reason, incapable or incompetent of er m properly performing the functions of the office of a member. n G Alternate ov 4. Where a member dies or resigns or otherwise vacates office before the 25 members expiry of the term of office, the appointing authority shall appoint an- 20 © other person in place of such a member who shall hold office for re- mainder of the term of office of his predecessor. Presiding of 5.–(1) The Chairman shall preside at all meetings of the Council. meeting (2) Where at any meeting of the Council, the Chairman is absent the Vice-Chairman shall preside. 577 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (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 temporary Chairman who shall preside at the meeting. (4) The Chairman or a person presiding at the meeting of the Council, shall in the event of an equality of votes, have a casting vote in . OAG addition to his deliberative vote. of is Meeting and 6.–(1) Subject to subparagraph (2), the Council shall ordinarily meet sion procedure of three times during every year for the transaction of its business. er Council m (2) The Council may hold an extra-ordinary meeting where tp requested in writing by half of the members or at any other time where ou ith exigency so requires. d w (3) The Chairman or, in his absence from the United Republic, the te st Vice-Chairman may, and upon application in writing by at least five rib u members convene a special meeting of the Council at any time. or di (4) The Secretary of the Council shall give to each member adequate ed notice of the time and place of each meeting. uc pr (5) The Council may invite any person who is not a member to od participate in the deliberation of any meeting of the Council, but a re be person so invited shall not be entitled to vote. ay m Quorum 7. At any meeting of the Council, not less than one half of the members ok in office for the time being shall constitute a quorum. bo is th Decision of 8.–(1) Subject to the provisions relating to a casting vote, all questions of council relating to a casting vote, all question at a meeting of the Council shall pa rt be determined by majority of the votes of the members present. o .N (2) Notwithstanding the provisions of subparagraph (1), a decision ve d may be made by the Council without meeting by circulation of the se r relevant papers among the members, and the expression in writing of s re the views of the majority of the members. right 9.–(1) The Council shall cause to be recorded and kept minutes of all ll Records and .A minutes ni a business conducted or transacted at its meeting and the minutes of each anza meeting of the Council shall be read and confirmed or amended and fT to confirmed, at the next meeting of the Council and signed by the person en presiding at the meeting. er m (2) The minutes purporting to be signed by the person presiding at a n Gov meeting of the Council shall, in the absence of proof or error, be deemed 25 to be a correct record of the meeting, whose minutes they purport to be. 20 © Vacancies, etc., 10. The validity of any act or proceeding of the Council shall not be not to invalidate affected by any vacancy among its members or by any defect in the ap- proceedings pointment of any of them. Orders, directions 11. The orders, directions, notices or other documents issued or on be- half of the Council shall be signed by- 578 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) the Chairman; or (b) the Secretary or any officer or officers of the Council authorised in writing in that behalf by the Secretary. Seal of 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 O . of the Council and at least one member of the Council. AG of Council may 13. Subject to the provisions of this Schedule, the Council may regulate issi regulate its its own proceedings. on proceedings erm tp ou

THIRD SCHEDULE ith w d te (Made under sections 81(1) and 102(1)) st rib u TYPE OF PROJECTS WHICH REQUIRE di or ENVIRONMENTAL IMPACT ASSESSMENT ed uc 1. General- prod (a) any activity out of character with its surrounding; re (b) any structure of a scale not in keeping with its surrounding; be and ay m (c) major changes in land use. ok bo 2. Urban Development. is 3. Transportation. of th 4. Dams, rivers and water resources. pa rt 5. Aerial spraying. o 6. Mining, including quarrying and open-cast extraction. ve .N 7. Forestry related activities. se d 8. Agriculture including animal production. re r 9. Processing and manufacturing industries. rig s ht ll 10. Electrical infrastructure. .A 11. Management of hydrocarbons including the storage of natural ni an a gas and combustible or explosive fuels. za 12. Waste disposal. 13. Natural conservation areas. fT to en 14. Nuclear reactors. 15. Major development in biotechnology including the introduction m er n Gov and testing of Genetically Modified Organisms. 25 16. Any other activity as may be prescribed in the regulations. 20 © 579 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023]

FOURTH SCHEDULE (Made under section 215(2)) COMPOSITION AND PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE FUND O . AG Composition of 1.–(1) Members of the Board of Trustees shall, subject to the provisions of Board of Trustees of subparagraph (2), consist of members whose number shall not be is Act No. sion less than seven and not more than nine being- 13 of 2016 s. 15 er (a) a Chairman who shall be a person of proven quality and tp m integrity who has achieved high office or distinction in ou Tanzania on public administration who shall be appointed ith w by the President; d te (b) a senior representative of the Ministry responsible for finance; st rib (c) a senior representative of the Ministry responsible for di u environment; or (d) a member from institutions concerned with training in ed uc environmental management; prod (e) a registered accountant; re (f) a legally qualified person from the Office of the Attorney be General; ay m (g) a member from Non-Governmental Organisations concerned ok with the environmental management; bo is (h) a representative of the Ministry responsible for local government th of authorities; and rt pa (i) a representative of environmental management research o institutions. .N ve (2) Not less than three of the members shall be women. se d (3) The Board of Trustees may invite any person who is not a re r member to participate in the deliberations of any meeting of the Board s rig of Trustees, but a person so invited shall not be entitled to vote. ll ht .A Vice-Chairman ni2. The trustees shall elect from amongst their number a Vice-Chairman a anza who shall hold office for two years but shall be, subject to remaining a fT trustee eligible to be re-elected for one further term of two years. to Tenure of office en 3. The trustees shall hold office for three years and except where their er m membership is terminated for misconduct or other sufficient reason, n Gov shall be eligible to be re-appointed for one further term. 25 Attendance by ex- 4. An officer responsible for financial matters of the Fund shall attend 20 officials © the meeting of the trustees as an ex-official member when matters con- nected with the management of the Fund are discussed. Convening 5.–(1) Subject to the provisions of subparagraph (2), an ordinary meet- meetings ing of the trustees shall be convened by the Chairman and the notice specifying the date, time, agenda and place for the meeting together 580 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] with the necessary papers for the meeting shall be sent to each trustee at his usual place of business or residence not less than fourteen days before the date of the meeting. (2) The Chairman, or in his absence the Vice-Chairman or the acting Chairman shall be bound to convene a special meeting of the trustees upon receipt of a request in writing in that behalf signed by not . OAG less than three trustees. of is Quorum 6. The quorum at any meeting of the trustees shall be half of members sion in office. erm tp Conflict of 7. A trustee who has an interest, direct or indirect in any matter coming ou Interest before the Board of trustee shall, as soon as is reasonably practicable, ith w disclose the nature of that interest to the Chairman, or Vice-Chairman d te or the acting Chairman and shall not, thereafter, take part in any delib- st rib erations or decision on that matter. di u or Board to regulate 8. Subject to the provisions of this Schedule, the trustees may regulate ed its proceedings their own proceedings. uc prod re be ay m ok bo is th of rt pa o .N ve d se r re s right ll .A ni a anza fT to en m er n Gov 25 20 © 581 © 20 25 G ov er nm en to fT an za ni a.A ll rig ht s re se rve d.N o pa rt of th is bo ok m ay be re pr od uc ed or di st rib u te d w ith ou tp er m is si on of O AG .