Environmental Management (Amendment) Act, 2025 (Act No. 5 of 2025)

ISSN 0856 - 035X THE UNITED REPUBLIC OF TANZANIA No.5 14th March, 2025 ACT SUPPLEMENT To The Special Gazette Of The United Republic Of Tanzania No. 5 Vol. 106 Dated 14th March, 2025 Printed By The Government Printer, Dodoma By Order Of Government THE ENVIRONMENTAL MANAGEMENT (AMENDMENT) ACT, 2025 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. PART II GENERAL AMENDMENTS 2. General Amendment. 3. Amendment of section 3. 4. Amendment of section 13. 5. Amendment of section 15. 6. Amendment of section 18. 7. Addition of sub-part ( e ). 8. Amendment of section 30. 9. Amendment of section 31. 10. Amendment of section 36. 11 . Amendment of section 42. 12. Amendment of section 51 . 13. Amendment of section 55. 14. Amendment of section 56. 15. Amendment of section 57. 16. Amendment of section 60. 17. Amendment of section 64. 18. Amendment of section 7 5. 1 No.5 The Environmental Management (Amendment) Act 2025 19. Addition of section 75A. 20. Amendment of section 80. 21. Amendment of section 104. 22. Addition of section 105A. 23. Amendment of section 109. 24. Amendment of section 129. 25. Amendment of section 140. 26. Amendment of section 168. 27. Amendment of section 169. 28. Amendment of section 170. 29. Addition of section 174A. 30. Amendment of section 1 79. 31. Amendment of section 230. 32. Amendment of First Schedule. 33. Amendment of Second Schedule. 2 No.5 The Environmental Management (Amendment) Act THE UNITED REPUBLIC OF TANZANIA NO. 5 OF2025 2025 I ASSENT SAMIA SULUHU HASSAN, President [ 4th March, 2025] An Act to amend the Environmental Management Act with a view to making better provisions for environmental management. ENACTED by the Parliament of the United Republic of Tanzania. Short title Cap. 191 General Amendment PART! PRELIMINARY PROVISIONS 1. This Act may be cited as the Environmental Management (Amendment) Act, 2025 and shall be read as one with the Environmental Management Act, hereinafter referred to as the "principal Act". PART II GENERAL AMENDMENTS 2. The principal Act is amended generally by (a) adding the words "or unit" immediately after the word "section" wherever they appear in sections 30, 31 and 32; 3 No.5 Amendment of section 3 The Environmental Management (Amendment) Act 2025 (b) adding the words "and climate change" immediately after the word "environmental" wherever they appear in sections 7(2), (3)(f) and (4), 8, 15(c), (d) and (f), 17(1), 18(2)(h), (i) and (j), 30(b), 31(1)(c), (e), (f) and (m), 34, 36(3)(c) and (g), 104(6)(a), marginal note to section 140, 140(1) and (3), 141, 151(5)(a), 178(2), (4)(c) and (5)(b), 180, 214(1)(a), (c), (d) and (f), 232; ( c) adding the words "or climate change" immediately after the words "environmental" wherever they appear in sections 11 (2), 33(3), 36(2), 204(1)(d); ( d) adding the words "and climate change" immediately after the words "environment" wherever they appear in sections 7(3)(b) and ( e ), opening phrase to sections 15, 15( a) and (b ), 17 ( 1 ), 30(c), 31(1)(b), 31(2), 36(3)(g), 37(3)(b), 38(1)(a), (c) and (d), 38(2), 41(a) and (b), 177(2), 178(1), (2), (3), (4)(a) and (5), 179(1) and (4), 181 and 213(3); ( e) adding the words "and climate system" immediately after the word "environment" wherever they appear in sections 7(1), 12(a), 13(3), 31(1)(a), (c), (d), 36(3)(c), (d), (e), 40 and 104(1), (2), (6)(b); and (f) deleting the words "Environmental Action Plan" wherever they appear in this Act and substituting for them the words "Environmental and Climate Change Action Plan". 3. The principal Act is amended in section 3 (a) in the defmition of the term "solid waste", by deleting the words "abandoned cars scraps" and substituting for them the words "scrap metals"; and (b) by adding in the appropriate alphabetical order, the following new defmition: ""water source" has a meaning ascribed to it under the Water Cap. 331 Resources Management Act; "climate change" means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods; "climate change management" includes response measures taken to adapt and mitigate climate change; 4 No.5 Amendment of section 13 The Environmental Management (Amendment) Act 2025 "climate system" means the atmosphere, hydrosphere, cryosphere, land surface, biosphere and interactions between them which evolves in time under the influence of its own internal dynamics or external forces; "climate change vulnerability assessment" means the process of identifying or quantifying vulnerabilities in the climate system and developing adaptation options; "emissions" means the release of greenhouse gases or their precursors into the atmosphere over a specified area and period of time; "energy transition" means the process of shifting from a predominantly fossil fuel-based energy system to a sustainable, low-carbon energy system centered on renewable energy sources; "greenhouse gases" means the gaseous constituents of the atmosphere, both natural and anthropogenic, which absorb and re-emit infrared radiation; and "vulnerability" means the degree to which a system is susceptible to or unable to cope with adverse effects of climate change including climate variability and extremes;". 4. The principal Act is amended in section 13, by (a) deleting subsection (1) and substituting for it the following: "(1) The Minister shall be overall responsible for matters relating to the environment and climate change, and shall, in that respect, be responsible for the articulation of policy guidelines necessary for the promotion, protection and sustainable management of the environment and the integration of climate change mitigation and adaptation strategies into policy."; and (b) adding immediately after subsection (4) the following: "(5) The Minister shall, in collaboration with the Minister responsible for finance or any other relevant sector ministry, promote climate financing for purposes of addressing climate change. (6) For the purpose of ensuring that matters relating to environment and climate change are taken into account in national strategies and action plans, the Minister shall provide opinion on the consistency of the sectoral and sub­ national strategies and action plans with the national 5 No.5 Amendment of section 15 Amendment of section 18 Addition of sub-part (e) The Environmental Management (Amendment) Act 2025 environment and climate change agenda and international commitments.". 5. The principal Act is amended in section 15, by (a) adding immediately after paragraph (a) the following: "(b) coordinate climate change impact and vulnerability assessment; ( c) prepare mitigation and adaptation actions among sector ministries; ( d) conduct monitoring and evaluation of implementation climate change mitigation and adaptation actions; ( e) coordinate greenhouse gas inventory; (f) establish and coordinate the monitoring, reporting and verification system for greenhouse gases emissions;"; (b) adding the words "and climate" immediately after the words "environment" appearing in paragraph ( e ); and ( c) renaming paragraphs (b) to (g) as paragraphs (g) to (1) respectively. 6. The principal Act is amended in section 18(2) by adding the words "and climate system" immediately after the word "environmental" appearing in paragraph (g)." 7. The principal Act is amended by adding immediately after section 29 the following sub-part: National Carbon Monitoring Centre "(e) The National Carbon Monitoring Centre 29A.-(1) There is hereby established a Centre to be known as the National Carbon Monitoring Centre, also to be known by the acronym "NCMC". (2) The Centre shall ( a) be a body corporate with perpetual succession and common seal; (b) in its corporate name, be capable of suing and being sued; and ( c) for and in connection with the purposes of this Act, be capable of holding, purchasing and otherwise acquiring and disposing of movable or immovable property. 6 No.5 The Environmental Management (Amendment) Act 2025 (3) The Centre shall, in the operation of its functions, be under the Ministry responsible for environment. Objective for 29B. The objective and purpose of establishment of establishment of Centre the Centre is coordination of activities relating to the Functions of Centre management of greenhouse gases and carbon trade. 29C.-(l) The Centre may, for the purposes of carrying out its functions under this Act, do all such acts as may appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of those functions or to be incidental to their proper performance and may carry on any activities in that behalf either alone or in association with any other person or body of persons. (2) Without prejudice to the generality of subsection (1), the Centre shall perform the following functions : (a) coordination of carbon and greenhouse gases related matters; (b) registration of carbon projects; ( c) verification and certification of carbon and other greenhouse gases credits; ( d) establishing a monitoring, reporting and verification system for greenhouse gases; (e) managing transactions in carbon trading; (f) promoting investment and international collaboration in carbon trading; (g) providing training and awareness to stakeholders; (h) establishing a system for storage and dissemination of information relating to carbon trading and projects; (i) conducting research on issues relating to greenhouse gases and carbon; G) providing technical advice on greenhouse gases and carbon; and (k) overseeing the implementation of regulations for carbon trading. 7 No.5 Amendment of section 30 Amendment of section 31 The Environmental Management (Amendment) Act 2025 Governance of Centre Funds of Centre 29D.-(1) The Centre shall be administered by a Chief Executive Officer who shall be appointed by the Minister. (2) The Centre shall be governed by a Board of Directors which shall be composed of the following members: (a) a Chairman who shall be appointed by the President; and (b) six other members who shall be appointed by the Minister, at least two of whom shall be women. (3) The Chief Executive Officer of the Centre shall be the secretary to the Board. (4) Members of the Board shall serve for a period of three years and may be re-appointed for one further term. 29E. The funds of the Centre shall consist of (a) sum of money as may be appropriated by the Parliament; (b) any fees and charges which may be payable to the Centre; ( c) sum of money as may be received by the Centre by way of donation, gift, grant or loan; ( d) sum of money obtained from research activities, training, consultancy and advisory services; and ( e) such sums of money which may become payable to or vested in the Centre under this Act or any other written laws." 8. The principal Act is amended in section 30 by adding the words "and climate change" immediately before the word "section" appearing in the marginal note and opening phrase. 9. The principal Act is amended in section 31 by adding the words "and climate change" between the words "environment" and "section" appearing in the marginal note and opening phrase to subsection (1)." 10. The principal Act is amended in section 36 8 No.5 Amendment of section 36 Amendment of section 42 Amendment of section 51 Amendment of section 55 Amendment of section 56 Amendment of section 57 Amendment of section 60 The Environmental Management (Amendment) Act 2025 (a) in subsection (2), by deleting the words "be a holder of a degree or diploma of a recognized institution of higher learning and has" and substituting for them the words "possess the requisite academic qualifications and have"; and"; (b) in subsection (3) (i) in paragraph (f), by adding the words "and other environmental related assessments" after the word "Assessments"; and (ii) in paragraph (b ), by adding the words "and climate change" immediately after the words "relating to environment. 11. The principal Act is amended in section 42 (a) in subsection (2), by (i) adding immediately after paragraph (b) the following: "( c) include matters relating to climate change;"; (ii) renaming paragraphs ( c) and ( d) as paragraphs ( d) and ( e) respectively; and (b) by adding the words "at the interval of every five years" immediately after the word "shall" appearing in subsection (3). 12. The principal Act is amended in section 51 (1) by adding the words "after consultation with relevant sector ministries" immediately after the word "may". 13. The principal Act is amended in section 55 by adding the word "ocean" immediately after the word "shoreline" appearing in the marginal note and subsection (1). 14. The principal Act is amended in section 56(1) by adding the words "and other relevant sectoral ministers" immediately after the word "land". 15. The principal Act is amended in section 57(1) by deleting the phrase "ocean or natural lake, shorelines, riverbank, water dam or reservoir" and substituting for it the words "water sources". 16. The principal Act is amended in section 60(2) by deleting the words "water officer" appearing in paragraph ( c) and substituting for them the words "Basin Water Director". 9 No.5 Amendment of section 64 Amendment of section 75 Addition of section 75A The Environmental Management (Amendment) Act 2025 17. The principal Act is amended in section 64 by ( a) adding the words "and energy transition" immediately after the word "energy" appearing in the opening phrase; (b) adding immediately after paragraph (b) the following: "( c) promoting policies, incentives and technologies for energy transition;"; (c) adding the words "and protection of forests" immediately after the word "woodlots" appearing in paragraph ( d); and ( d) renaming paragraphs ( c) and ( d) as paragraphs ( d) and ( e) respectively. 18. The principal Act is amended in section 75 (a) by designating the content of that section as subsection (1); (b) in subsection (1) as designated, by (i) adding immediately after paragraph (a) the following: "(b) take measures to control and manage greenhouse gases;"; (ii) adding the words "which align with national plans and international commitments" immediately after the words "climate change" appearing in paragraph ( c );" (iii) renaming paragraphs (b) to (e) as paragraphs (c) to (f) respectively; and (c) by adding immediately after subsection (1) as designated, the following: "(2) For the purpose of subsection (1), the Minister shall promote participation of the private sector and provide modalities for involvement of all relevant stakeholders in implementation of strategies to deal with climate change.". 19. The principal Act is amended by adding immediately after section 75 the following: ''National climate change steering committee 75A. For purposes of addressing climate change, the National Environmental Advisory Committee, is hereby designated as the National Climate Change Steering Committee and shall perform the following functions: No.5 Amendment of section 80 "Amendment of section 104 Addition of section 105A The Environmental Management (Amendment) Act 2025 (a) to advise the Minister on measures to be taken in order to control and manage greenhouse gases; (b) to provide strategic direction for implementing climate change programs, project and initiatives; ( c) to monitor progress of climate change interventions, evaluating their effectiveness and ensuring targets are achieved; ( d) to advise the Minister on emerging climate change issues, recommending necessary adjustment to policies, programs or laws to enhance climate change actions; and ( e) to recommend coordinated actions and engagement of various sectors and institutions in addressing climate change.". 20. The principal Act is amended in section 80(3) by adding the word "soil" immediately after the word "water" appearing in paragraph (a). 21 . The principal Act is amended in section 104(7) by inserting the words "or climate change" between the words "environmental" and "concerns". 22. The principal Act 1s amended by adding immediately after section 105 the following: "Climate Change Impact and Vulnerability Assessment 105A.-(l) For purposes of the provisions under this Part, "Strategic Environmental Assessment" shall include climate change impact and vulnerability assessment. (2) The objective of climate change impact and vulnerability assessment is to identify hotspot areas or regions that are mostly susceptible to the impact of climate change and designing effective adaptations actions for decision-making.". 11 No.5 Amendment of section 109 Amendment of section 129 Amendment of section 140 Amendment of section 168 Amendment of section 169 Amendment of section 170 The Environmental Management (Amendment) Act 2025 23. The principal Act is amended in section 109 by deleting the word "stream" wherever it appears in that section and substituting for it the words "water source". 24. The principal Act is amended in the opening phrase to section 129(3) by adding the words "after consultation with relevant sector ministries" immediately after the word "may". 25. The principal Act is amended in section 140 (a) in subsection (1), by (i) adding the words "responsible for standards" immediately after the word "Minister" appearing in the opening phrase; (ii) adding immediately after paragraph (h) the following: "(i) greenhouse gas emissions;" and (iii)renaming paragraphs (i) and (j) as paragraphs (j) and (k) respectively; and (b) by adding the words "responsible for standards" immediately after the word "Minister" appearing in subsection (3). 26. The principal Act is amended in section 168 by deleting the words "Ministerial Advisory Board of the Government Chemist Laboratory Agency" and substituting for them the words "Board of the Government Chemist Laboratory Authority". 27. The principal Act is amended in section 169, by ( a) adding the word "communications," immediately after the word "agriculture"; (b) deleting paragraph (b ); and ( c) renaming paragraph( c) as paragraph(b ). 28. The principal Act is amended in section 170(1), by (a) deleting paragraph (a) and substituting for it the following: "(a) the Tanzania Plant Health and Pesticides Authority;"; and (b) deleting paragraph ( e) and substituting for it the following: "(e) Tanzania Veterinary Laboratory Agency;"; ( c) adding immediately after paragraph ( c) the following: "( d) the Tanzania Communication Regulatory Authority; ( e) the Tanzania Bureau of Standards; 12 No.5 Addition of section 174A Amendment of section 179 Amendment of section 230 The Environmental Management (Amendment) Act 2025 (f) the Government Chemist Laboratory Authority;"; and ( d) renaming paragraphs ( d) and ( e) as paragraphs (g) and (h) respectively. 29. The principal Act is amended by adding immediately after section 174 the following: "Greenhouse Gas 174A.-(1) The National Carbon Monitoring Centre shall establish and operate the Greenhouse Gas Inventory System. Inventory System (2) The greenhouse gas inventory system shall serve as a comprehensive tool to measure, report and manage greenhouse gas emissions in various sectors. (3) Sector ministries shall prepare a greenhouse gas inventory and submit it to the Chief Executive Officer of the National Carbon Monitoring Centre after every two years." 30. The principal Act is amended in section 179 by deleting subsection (2) and substituting for it the following: "(2) Where a sector ministry is involved in negotiation of an international agreement on matters relating to protection and management of environment and climate change, the sector minister concerned shall, prior to submission of the agreement for ratification by the National Assembly, communicate to the Minister on the substance of the agreement so as to enable him to assess the likely impact on the environment and climate system.". 31. The principal Act is amended in section 230(2), by (a) adding immediately after paragraph (q) the following: "(r) prescribe procedures for the management of climate change; ( s) prescribe greenhouse gas emission standards, and shall be made in consultation with sector ministries; and (t) prescribe procedures for appeal against the decisions of the Council;"; and (b) renaming paragraphs (r) and (s) as paragraphs (u) and (v) respectively. 13 No.5 Amendment of First Schedule Amendment of Second Schedule The Environmental Management (Amendment) Act 2025 32. The principal Act is amended in the First Schedule by adding the words "at least twice in a year" immediately after the word "meet" appearing in paragraph 4(1 ). 33. The principal Act is amended in the Second Schedule by deleting the word "Council" wherever it appears and substituting for it the word "Board". Passed by the National Assembly on the 12th February, 2025 BARAKA ILDEPHONCE LEONARD Clerk of the National Assembly 14