Environmental (Registration of Environmental Experts) Regulations, 2005 (G.N. No. 348 of 2005)

GovERNMENT NoTICE No. 348 published on 4/11/2005 THE ENVIRONMENTAL MANAGEMENT ACT, 2004 (No. 20 OF 2004) REGULATIONS (Made under section 83(2)) THE ENVIRONMENTAL (.JU:ulSTKATIUN 01' t.NVIKONMt-.NTAL 1:XPEl<TSJ REGULATIONS, 2005 ARRANGEMENT OF REGULATIONS Regulation ntle PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. 4. Objectives. PART II OBJECTIVES PARTIII ESTABLISHMENT OF THE ENVIRONMENTAL EXPERTS ADVISORY COMMITTEE 5. Establishment of the environmental experts advisory committee. 6. Functions of ~he Committee. 7. Meetings of th.! Committee. 8. Report of the Committee. 9. Tenure of office. 10. Cessation from office. 11. Disclosure of interest. 12. Allowances and remuneration. 13. Mom;;ys to form part of National Environmental Trnst Fund. Environmental (Registration of Environmental Experts) GN. No. 348 (contd.) PART IV CERTIFICATE OF ENVIRONMENTAL EXPERTS 14. General prohibition. 15. Council not to consider a study by uncertified Expert. 16. Application for certification. 17. Qualification for certification. 18. Determination of application for certificate. 19. Notification ofapproval or rejection of application. 20. Rejected application may be filed afresh for certification. 2 I. Certification of foreign envirnnmenta I e~rts PARTY REGISTRATION OF ENVIRONMENTAL EXPERTS 22. Appointment of the Registrar. 23. Maintenance of the Register. 24. Annual fees. 2:, Rights, privileges and duties upon r•;gistration. 26 Firms of environmental experts. 2i. Entries in Register. 28. Personal liability of environmental experts. 29. Validity ofregistration. 30. Consequence of cancellation. 31. Publication oflist. PART VI CODE OF PRACTICE AND DISCIPLINE OF ENVIRONMENTAL EXPERTS 32. Code of Practice an<l Profossiunal Ethics. 33. Control and enforcement of professional conduct. 34. Disqualification from practising. 35. C.omplaints 36. Submission of charges to the Committee. 37. Investigation of complaints. 38. Experts entitled fair hearing. 39. Appeal. 2 Environmental (Re{;islration of Environmental Experts) GN. No. 3./8 (contd.) PART VII GENERAL PROVlS!ONS 40. Advertisement. 41. Immunity of members from personal liability. 42. Offences. 43. Minister may amend Schedules. !::>CHhL'ULtS 3 fni·1n •u·1 • · ·,',, · ,- .. ,. .. rtr;11., :, ; l.111·11 o,w1ental Expert.~) G N. /1/o 348 f,-ontd.,1 Citation AJ:y,lication Interpre tation Act No.20 of 200,4 (N ... 2o <w 2004) Rt<;lll.ATIONS ~ r :·I un-tc-1 k'clwn 83(2) :1.\, ,ii' ,': \lltii,<>l· INVIRONMENTALEXPERTS) k h il Ii. ,\!'IONS i005 PA.RT I Pl·. ; ii 1ir✓AKY PRO\'ISIONS l. Theis~ R, guiations may he cited as the Environmental (Registration ofEn,--i10:i1mental Experisl Regulations, 2005. 2. Th~sc Rcguiaiions shail apply 10 (a) all individual cn.·iromm:ntal experts; and (b) fi:nrus of cnv1runmcntal 1:xperts, certified and registered under these Rcguiarinns 3. In these Regulations 1mf~ss th..: context otherwise requires "Act" means the Environmentai ManagementA.::t, 2004; "Board" means the Board of Directors of the Council established by the Act; "'certification'' means the method of assessing or ascertaining the qualification, competence, capabil 1ty, experience and other ahilities of a person to carry out t:nvironmental impact asse .. sment or environmental audit; ''Committee" means the bn·uonmental Experts Advisory Com.-nittcc established by Regulation 5; 4 Environmental (Rexistration of r·1111imnme11f(lf Experts) GX So. 3-18 (contd.) "Council" means the National Environmental Management ( 'ou11c1l (NEMC) established under the Act; "developer" or "proponent" means a person who is developing a project or widertaking which is subject to an environmental impact assessment; "Environmental Expert" means an individual person or a firm of experts which has requisite qualifications presl'.nheo by these Regulations and duly certified and registen:d. in the Rc);!:ister o! F11vironmental Experts kept and maintained by the< 'ounci I: "firm of environmental ex.perts" means f11 ms rcg1!;tered or constituted under other laws of Tanza111a wl11d1 are registered ut1der these Regulations as firms of env1ru1mwn\al <.;'Xpcrt;;: "'environmental impact assessment·· means a systematic examination conducted to determine whether or not,, prniect nr umhtakmg have any adverse impact on the e11virn11111ent; "environmental impact study .. means the study 1.:um.lucted hJ 1.h:tcrmine the possible environmental impact ofo pwposed proj<·ct; "foreign environmental expert'" mean!'- a l'crt, fil·d foreign envirnnmental expert registered under these Regulations to undertake a specific environmental impact asscs,nw11t stnd\ l" ,...m !i·mnnental audit in Tanzania; ·'Minister" means the minis11..:r 11.·--;pl•11,1\llt' li 1r 1na11,•r-; relatmg 10 the environment: ''association" means an assoc1at1011 ol l·.11v1•·0111· .., ,Hal li,1pm:t /\ sM·ssm s anrl Auditors: ··Register" means the Rcgiskr of Fnvironmcntal Expert and films of Environmental Experts July kept a11J maintained by the Council; and "Registrar" means a public officer desig11at1.:1I by the (l)uncil to be a Registrar of Environme111nl F,pt'r!, ar•d 11,rns of 1:mJJ1m11n:11tal experts. l't\K I II UH.IH.IWF<.; 4. (1) The object of these Rq.?•1l,1t•o11~ ,~ t11 (a) establish a system fur rejli-;trnt ion of ,'11\ m>11rnc11tal eXpl'• i:;· (b) provide for a system ol nu11111 i11i-r co111µe1,:11Ct'. knm\ lt-df•.,·. professional condull ,·,,!!,. I. ·1w·., ; !, •!• 1-' .-1,, u,; ... "' 1i,-. rm 1cct1vc Environmental (Registration of Environmental Experts) GN. No. 348 (contd.) The committee of environ mental experts canying out of environmental impact studies and environmental audits; {c) ensure that the conduct of environmental impact assessments or environmental audits is carried out in an independent, professional, objective and impartia1 manner; and (d) provide for a code of conduct, discipline and control of environmental experts. (2) For the purpose ofsystemutic nurturing of competence, promotion of knowledge, observance of professional conduct, consistency and integrity of environmental management practice in Tanzania, environmental experts certified and registered in accordance with the provisions of these Regulations may establish professional associations. (3) The Registrar of Environmental Experts shall keep and maintain a list ofnames of associations formed in pursuant to sub-regulation (2). PART III ESTABLISHMENT OF THE ENVIRONMENTAL EXPERTS ADVISORY COMMITTEE 5 .-(I) There shall he a committee to be known as the Environmental Experts Advisory Committee. (2) The Committee shall consist of (a) the Chairman to be appointed by the Minister; (b) one person each representing ( i) the Director of Environment; (ii) the Council; (iii) the Director for Human Settlement; (iv) the Director responsible for publii.: health matlers in the local government authorities; 6 Environmental (Registration of Environmental Experts) GN. No. 348 (contd) (v) up.c person representin~ the Ministry responsible for natural resources and tourism; (c) one person representing the Attorney General: (d) two persons representing academic or research institutions; (e) one person nominated by the Tanzania Chambers of Commerce, Industries and Agriculture; (f) one person nominated by association of the non-governmenral Organisations; (g) one person nominated by private sector; and (h) onepen,on repre~enting environmental experts, who shall be nominated by a national association of environmental experts; and (i) the Registrar who shall be the Secretary to the Committee. (3) The Committee may co-opt any person to attend any of its meetings. 6.-(1) The role of the Committee shall be to (a) advise the Council on matters regarding registration, practice and conduct of environmental impact assessors and environmental auditors; (b) advise the Council on matters regarding establishment, maintainance and monitoring of professional standards for environmental practice; (c) advise the Council on matters regarding investigation and taking of such disciplinary action as is necessary for ensuring the maintenance of high professional standards, ethics and integrity of environmental experts; and (d) advise the Council on any other issue relating to environmental practice. 7 ~ ·-· Role of the tee Environmental (Registration of Environmental Experts) G N. No. 348 (contd.) Meetings or tne Committee Report of the Committee Tenure of office Cessation from office (2) The Committee may estabfo:h suh-committees and may co-opt other persons as it deems necessary to execute its functions. 7.-{l) The Chairman shall convene and preside at the meetings of the Committee. (2) The Committee shall meet at least once after every four months; bUt it may, after approval of not less than two-thirds of the members of the Committee, meet for an extra ordinary meeting if circumstances allow. (3) A half of members of the Committee shall form a quorum at the meetings of the Committee. (4) All acts, matters and decisions authorised to be done by the committee shall he determined by resolution by majority of the members present. (5) Subject to these Regulations, the Committee may regulate the conduct of its meetings and those of its sub-committees. 8. The Committt:t: shall, oncc in every six months, make a repon to the Council regarding its work and any other reJated activity. 9. A memher of the Committee shall hold office for a period of three years and is eligible for re-appointment for one more term. l O .-( l) A member of the Committee shall cease to hold office~ (a) ifhe resigns; (b) ifhe dies; (c) if the person vacates office or loses membership of the institution which he is representing; ( d) if the person ceases to he an employee of the institution which he represents; ( e) on being declared bankrupt, or convicted of a criminal offence and is sentenced to a term of or more than six months; 8 Environmental (Registration of Environmental Expert.\) r ; :\' No 341? ,,,.,,.,,,1) (f) on being found guilty of professional misconduct or breach of the code of conduct or ethics; or (g) if he is removed from nffice for (i) fraudulent or corrupt practices; or (ii) inability to discharge the duties of the office of a member. 11.-( 1) A member of the Committee who has a direct or indirect interest in a matter being considered or about to be considered by the committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose his interest to the Committee. (2) Where a disclosure has been made, the member disclosing the interest shall not be present or participate in the deliberations of the Committee regarding that matter. 12. Without prejudice to any other written law, the Council shall determine the rates of allowance payable to members of the Committee. 13 All moneys that may become payable to the Council under these Regulations or vested in the Committee in any manner, or in relation to or incidental to the carrying out of its functions including fees paid for registration and peJ1alty .shall form part of Lhe National Environment Trust Fund established under section 213 of the Act. PARL' IV CERTIFICATE OF ENVIRONMENTAL EXPERTS 14. No person, shall conduct an environmental impact assessment or carry out any activity relating to the conduct of an environmental impact study, or environmental audit as provided for under the Act, unless that person has been duly certified and registered in accordance with these Regulations. 15.-( 1) The Council shall not deliberate upon any environmental study1 statement or audit unless the persons who have conducted or prepared the study, slalc1m:nt or audit have been duly certified and registered in accordance with these Regulations. 9 Disclosure of intettsl Allowances and remunera tion Moneys 10 forfn plirl 'nf · National Eh'l'itoi'I• mc111al nu~t 1-und General prohibition Council nol 10 considet a study by uticerUflcd Expert Environmental (Registration of Environmental Experts) GN. .Vo. 348 (contd.) Applica[ion for ccrti lication Qualifica tion for certifica• tinn Determina tion of 11pplica tion for certificate l\01ifica tiol'\ of approval or rejection of applica tion (2) For the avoidance of doubt, it is necessary to be a certified or registered environmental expert in the case of preparation or submission of a project brief to the Council. l 6 -( l) A person desiring to be certified as an environmental expert shall ,pply to tr.e Council in the form prescribed in the First Schedule and :: ;!Companied by non-refundable fee as may be prescribed by the Cour. -it. (2) Where a person intends to apply to conduct both an environmental impact study and an enV1ronmcntal audit, he shall make two separate applications. (3) An application for certification shall be filed with the Registrar. 17 .-( 1) The Council shall not certify a persor. as an environmental expert, unless that person ( a) possesses at least a first degree in a relevant discipline or its equivalent from a recognised university or institution; (b) has provided the names of at least three referees who meet minimum requirements as may be determined by the Council; and (c) has not been convicted of a professional or disciplinary offence. (2) Notwithstanding sub-regulation ( 1), a person shall be qualified for certification as an environmental expert who possesses requisite qualification stip11lat~il under Reg,1lation 26. 18. The Council shall consider the application for certification and, within sixty days following the date of submis ion of the application, shall decide on the matter. 19 .-( l) The Council may, after carrying out investigation and being sat1sf1ed the applicant meets conditions prescribed by these regulations within fourteen days after making the decision, notify the applicant that his application has been approved or rejected. 10 Environmental (Registration of Environmental L;,.perfs) (2) The Council shall issue the applicant with an Environmental Experts Certificate as prescribed in the Second Schedule upon the payment of the fee prescribed by the Council. (3) A cetificate issued under sub-regulation (2) entitles the person holding the certificate to be registered and his name entered in the Register of~nvironmental Expe: ts. 20.-(1) The Council may reject an application for certification where the applicant has not fulfilled the conditions of certification or the provisions of these Regulations. (2) An applicant whose application for certification haf· 'Jeen rejected by the Council may submit fresh application. 21.-( I) Notwithstanding the provisions of these Regulations, the CouTJcil may certify a foreign environmental expert to prep:ire or conduct a specific environmental impact study or environmental audit, where such an expert ( a) shows evidence of a valid certificatioa or accreditation and competent qualifications to practice obtained from outside Tanzania: (b) shows that he has gained relevant experience ofnot less than five years in conducting environmer.'.al impact studies or audits in the relevant area or areas of c0mpetence; (c) provides at least two abstracts of previous environmental impact studies or environmental a,idits ccnducted in the last three years; (d) provides a curricult;m vitae and at least three referee's, one of whom is registered in Mainland Tanzania; and (e) pays the prescribed fee. (2) The Council may, after being satisfied with the requirements of sub-regulation ( 1 ), issue a certificate in the form prescribed in the Second Schdulc to thest: Ri:gulations. I I Rc 1ccted applica tion mav be file,j a fre."Jh ~'or certlfic~ !Inn C-er1if1ca tinn of" rorcJgn c11v1ron. m~ntal expens Environmental (Regirtration of Environmental Experts) G N. Ao. 348 (contd.) Appoint ment of the Registral Registrar Maintena nce of the Register Annual fees (3) The certificate granted to a foreign environmental expert shall remain valid until the completion of the specific environmental impact assessment or environmental audit. PARTV REGISTRATION OF ENVIRONMENTAL EXPERTS 22.-(1) The Council shall, designate or appoint a suitable person, from among its staff to be Registrar of Environmental Experts. (2) A person may not be appointed the Registrar, unless that person possesses at least a first degree from a recognized institution and is conversant with environmental related matters including engineering, science, economics, social sciences, architecture or law. (3) The Registrar shall, in the performance of his functions, be accountable to the Council. 23 .-( 1) The Registrar shall, in accordance with the Third Schedule or any further directions of the Council, maintain an up-to-date Register in which the name of any person certified and registered by the Council to practice as an environmental expert shall be entered. (7) Responsibilities of the Registrar over the Register shall include (a) maintenance and making available to the public a list of environmental experts and firms of environmental experts; (b) facilitating search of entries made in the Register; and ( c) keeping and maintaining records of registration certificates and their renewal. (3) Application by members of the public for search of entries made in the Register shall be made following the format provided by Fourth Schedule. 24. Every environmental expert shall pay a fee to the Registrar to have series in his name entered on the register and an annual fee for renewal of the certificate in each case as prescribed by the Council. 12 Environmental (Registration of Environmental Experts) 0N. No i4./i (contd/ 25.-( 1) Registration under these Regulations entitles the holder to practice in the area of expertise indicated in the certificate. Rights, privlleges, duties (2) A person certified and registered under these Regulations shall n:g,straiion be entitled to use, in any communication the title "O,:nified Envfronmental Assessor" or "Certified Environmental Auditor" immediately after his upon name. (3) A certificate issued in accordance with these Regulations shall not be transferable or assignable to any other person. (4) A certificate or registration issued under these Kegulations shall not (a) exclude the environmental expert from liability; or (b) create any civil or criminal liability on the Council oi·Cornmittt:e, for the conduct ofor wrong doing by the environmental expert. 26.-(1) Firms duly registered under other laws may ::ipply to be registered as consulting firms of environmental experts under these Regulations. (2) Firms of experts registered under these Regulations shall, within its members, have at least one certified and registered environmental expert and t wo specialists from different specialization. ( 3) A firm intending to co-ordinate the conduct or preparation of both environmental impact studies and environmental audits shall make two separatcc applications. ( 4) A fim:t must have specialists from different disciplines c:onsti tutmg a multi-disciplinary team. 27. A firm shall, together with the application fom1, present (a) the names of the persons who have been cer1ifit:d iillU registered to practice; and (b) the kinds of expt>rtise the firm intends to offer in the conduct or preparation of the environmental impact assessment or environmental audits. 13 F1rn-rn of env1ron memal e; ... perb En1ri~, in Register Environmental (Registration of Environmental Experts) G.V. N,,. 348 (,:omd.i Personat liability uf environ mental e~perts Val1d1ty of registra tion Conseque nce of cancellation Puh1ica.tion of list Code of Practice and Prolessicrtal Ethics Control and enforce ment of ~imal conduct 28. Registration of a firm under these Regulations shall not indemnify the profess'. ()nal personal liability of the environmental experts as provided for in these Regulations. 29. A certificate issued upon payment of fees, under these regulations sh:lll, be renewed annually. 30. The cancellation of a certificate made under these Regulations shall result in the automatic cancellation of the registration. 31. 1111. Rt;gistrar shall publish in the Guzeue and the media, the list of names of persons and firms registered as Environmental Experts not later than 30th March of each year. PART VI CODE OF PRACTICE AND DISCIPLINE OF ENVIRONMENTAL EXPERTS 32.-( 1) Every environmental expert who has been certified and registered under these Regulations shall be subject to the Code of Practice and the Professional Ethics prescribed in the Fifth Schedule. (2) An environmental expert who contravenes a provision of the Code of Practice and Professional Ethics commits pruft:ssional misconduct and shall be subject to disciplinary action by the Council. (1) Professiona I misconduct referred to in sub-regulation (2) includes (a) breach of any of the provisions under the Code of Practice and Professional Ethics as prescribed in the fifth Schedule or under these Regulations; or (b) failure to include any item in the contents of the environmental imp:.ct assessment or audit as requ!red by these Regulations. 33. Where a certified or registered environmental expert is fou:1d unfit to practice by reason of a professional misconduct, the Corm,~il may, at 1my time 14 Environmental (Registration of Environmental Experts) Ci N. lVo. 3-18 (collld.} (a) strike off the name of the environmental expert from the Register and cancel the certificate; (b) suspend the environmental expert from practising for a period, not exceeding twelve months; (c) reprimand the environmental expert; (d) order that the environmental expert pay a pt:nalty or costs; or (e) direct that the environmental expert compensates the aggrieved party a sum of money as may be determined by the Council. 34. An environmental expert who is found guilty of profe~ ;iona1 misconduct uncle any other law shall automatically be disqualifie-.. , from practising as an environmental expert. 3 5 .-{ 1) A person aggrieved by the conduct ofan en vironmen ta! expert in the carrying out of his work in accordance with the provisions of the Act or these Regulations may, within thirty days, file a complair t with the Council. (2) The Council may institute disciplinary proceedings on its own motion or upon a complaint being raised by the Council, a leveloper, ope ·ator or a proponent ofan undertaking any person or in!;titutiou. (3) A complaint made under sub-regulation (l) shall be in writing and signed by the complainant and submitted to the Registrar. (4) The Council shall consider any such complaints within a period of thirty days after the date on which the complaint is lodged. 36. Upon receipt of a complaint, the Registrar shall prepare a statement setting out the charges against the environmental expert and transmit a copy to each member of the Council. the complainant and to the env;;-onment::.: ~xpert whose miscond· 1ct is the subject of the complaint. 37. The Council may cause investigations to be carried out to verify the truthfulness of the issues contained in the complaint and thereafter take the appropriate decision as provided for under these Regulations. 15 Disqualifi cation from practising Complain'5 Submission of charge~ lo Lhe C'omrnittee lnvcMiga lion of complaints Environmental (Registration of Environmental Experts) GN. No.. 348 (contd.) hp,fll entillod i,i r.1, tte,riu1 lf!lllltlR ity of mcmbe.-. fn:im pen-.•I li•ltitity Ortenees 38.-(1) The Council shall ensure fair hearing of the Environmental expert whose conduct is the subject of complaint. (2) The Council shall, before taking disciplinary action, give an opportunity to the environmental expert to show cause why he should not be disciplined. 39. A person aggrieved by the decision of the Council made pursuant to these Regulations may appeal to the Minister within a period of thirty ~ys from the date the decision was communicated to him. PART VII GENERAL PROVISIONS 40. An environmental expert may exhibit his name outside his office, on a plate or a signboard of not more than 36 centimetres by 25.5 centimetres in size containing the place of his business and professional qualifications. 41. A member of the Council shall not be personally liable for any action done or omitted to be done by him in good faith without negligence for the purpose of carrying into effect the provisions of the Act or these Regulations. 42.-(1) A person who (a) conducts his professional duties with gross negligence; (b) conducts an environmental impact assessment or environmental audit or carries any activity relating to the conduct of an environmental impact assessment o:tudy without duly certification and registration; (c) holds out or attempts to hold out as a certified or registered environmental expert; (d) practices or purports to practice as an environmental expert without being certified and registered under these Regulations; (e) uses the title "Certified Environmental Assessor "Certified Environmental Auditor" without authorisation; 16 ---------- Environmental (Registration of Environmental Experts) GN. No. 348 (comd.) (f) makes a false statement with the intention of obtaining certification or registration; (g) makes a false statement regarding the conduct of an environmental impact study or environmental audit; (h) signs on any environment.al impact statement or environment.al audit without having prepared it; or (i) knowingly or negligently, makes an environmental impact statement which is false in any material particular or which is misleading, commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding eighteen months or to a fine not exceeding one million shillings, or to both. (2) The court by which a person is convicted of an offence under :sub-n:gulation {l), may in addition to the penalty imposed (a) order for the cancellation of a certificate or registration; or (b) award such sum of money to the aggrieved party as il deems fit. 43. The Minister may amend any of the Schedules undd" these Regulation:. 17 ·-- --------------· ---· Minister may amend Schedules Environmental (Registration of Environmental Experts) GN. No. 348 (contd) ~ IRST SCHEDULE APPLICATION FOR CERTIFICATION AND REGISTRATION AS AN ENVIRONMENTAL EXPERT (Regulations /6(/), 21 and 26(1)) PART "A" DETAILS OF APPLICANT I. Name of proponent (Individual Expert/ Firm of Experts) ............................................................................................ . 2. PIN No ....................................................................................... . 3. Address ...................................................................................... . 4. Name of contact person .................................................................... . 5. Business registration No. (Where applicable) ...................... Oate .............. . 6. Address ........................................................................................ . 7. Telephone No ......................................... Fax No ................................... .. 8. E-mail. ........................................................................................ . 9. Area of speciliazation and category applying for ...................................... . 10. Academic/professional qualifications (of Individuals/Members of Firm/Foreign Expert) ......................................................... · .... • .. • ............... · ·· · .. . 11. List of professionals and their academic/professh,nal qualifications and their nationalities ( where applicable) ............................................................... . 12. Experience in Environmental Assessment/ Audit related activities .................. . 13. Purpose of lodging the application for registration as Individual Expert/Consulting firm of Experts ..................................................................................................... . 14. Previous regimation No. and date ofregii;tration {ifapplicahle) . PART "B" DECLAIVJIO'.N DY Al'PUCANT, ENVIRONMENTAL BXPEllTICONSI.JLTINO FIRM 01' EXPt!RTS I hereby certify that the particulars given above are correct and true to the best of my knowledge and belie£ ···········•················ Sig,um,n of applicant Full Name in Block lett11rs Position On behalf of .......................................... . Firm name Olld seal Date 18 Environmental (Registration of Environmental Experts) -~~~-~ PART "C" FOR OFFICIAL USE G N. No. 348 (contd) Approved/Not Approved ...................................................................... . Comments ................................................................................... ., ..... . Registrar .................................... Signature ....................... Date ............... . Important notes: Please submit the following: (a) application form in duplicate; (b) curriculum vitae of the app:icant; and (c) the prescribed fees. to: Director General, The Environmental Management Council, P.O. Box .......... .- .................. . Dar es Salaam, TANZANIA. Tel. ............................... Fax .................. . Application Reference No ....................................................... . Registration No .................................................................... .. SECOND SCHEDULE ENVIRONMENTAL EXPERTS' CERTIFICATE (Regulations. 19(2), 21(2), 26) CERTIFICATE Of ENVIRONMENTAL EXPERTS Expert/Finn Certificate No ................................................ . Envirumm:nlal A~5e;s~rne11i/ Audit Expert Reg. No .......................................... .. This is to certify MIS .............................................................................. of .................................................................................... .,(Address) has been registered as an. .. .... .in accordance with the provisions of the Environmental Management Act, 2004 and is authorized to practice in the capacity of an Environmental Exper, or Firm of Experts in Tanzania. Ws ............... . ... shalt provide expertise in the following fields: •••••••••••••••••••••••• -....... •••• ■ ••••••• + ••••••••••••••••••••••• ' ••••••••••••••••• ~ ••••• + •••••••••••••• 19 Environmental (Registration of Environmental Experts) GN. No. 348 (contd.) Dated this ....................... day of ..................... 20 ............... . Signature ...................................... .. (Seal) Director General, The National Environmental Management Council. THIRD SCHEDULE Regulation 23(1) REGISTER OF ENVIRONMENTAL EXPERTS/FIRMS ..4reaof Experie-~ Name Date of Certifi- Place Specia- nee& of of Regis(ra- Regi&,,~ caie '.JJateof Contact lization •r~-- Enviro- Signature of ~ , Finni tfon Nn. liun Reg. l$$UB Addrll'!.u (EIA (e.g. nmcnt ofFil/ing isS-UI and Officer Expert No. Mining, Exper' Audi ~) or Firm tinf!J I 20 Environmental (Registration of Environmental Experts) t'UUKJ"H SCHl:iDULJ:i (Under Regulation 23(3)) APPLICATION FOR ACCESS TO INFORMATION PART "A" DETAILS OF APPLICANT GN. No. 348 (contd.) Name .................................................................................................... . Address ................................................................................................ . Telephone ............................................. Fax ......................................... . E-mail. ............................................................................................. . Profession ......................................................................................... . Date ................................................................................................. . NAME OF EMPWYER (If applicable) ................................................................ . Address ............................................................................................ . Telephone ........................................... Fax ........................................... . E-mail.. ................................................................................................ '° Designation ........................................................................................ . INFORMATION REQUlllED (tick as appropriate) .( Environmental Impact Assessment Experts (Individuals) j Environmental Impact Assessment Experts (Firms) ., .! Records of Certificates of Registration and their Renewal State the use /purpose of the information required: DOl-·UMt;NT Title of the document.. .............................................................. . Author ................................................................................. . Year ..... · ..................................... ., ........................................... . Media of the required Information e.g. hard copy or soft copy .......................... .. 21 ·-- --------------· Environmental (Registration of Environmental Experts) GN. No. 348 (contd.) PURPOSE OF 1HE INFORMATION JlEQUIEO Educational Interested party ( Any other (specify) Research Affected party ································•······················· ..................................................... . ············································································································ Important note A prescribed fee of Tshs .................. will be charged for access for information per record/register. FIFTH SCHEDULE Regulation 32 (/) CODE OF PRACTT<'E AND PROFESSIONAL ETHICS PART I DUTY OP ENVIRONMENTAL EXPERTS TO DEVELOPER Receiving I. Environmental Expert shall not act for any developer, owner or operator unless instructions he has received written instructions from that person, or his authorised agent. Wtthdrawal of inslructions 2.-{I) An Environmental Exr,ert may withdraw from the conduct of an environmental impact study or audit where, wjthout prejudice to the contractual obligations between the developer and the Environmental Expert • {a) the developer, owner or operator withdraws inS!ructions, in writing, from the Environmental Rxpert; (b) the developer, owner or operator instructs the Environmental Expert to undertake an environmental impact study or audit in a manner contrary to the Environmental Experts professional ethics, or the laws of Tanzania; le) the Environmental Rxr-t iii duly permitted by the Committee to withdraw after the Committee has made investigations to verify the expert's reasons for withdrawal; or ( d) the developer, owner or operator disregards or breaches an agreement or obligation relating to the fees of the Environmental Bx.pert. (2) Subject to the tenns of the contract betWeen the: developer owner or operator and the Environmental Expert, an Environmental Expert intending to withdraw from carrying out an environmental impact Ahldy or audit, shall, give the developer in vvriting, notice of his intention to withdraw, and the reasons for the withdraw. 22 Environmental (Registration ofEnvironnumtal Experts) GN iVo. 34t! (contd) (3) An Environmental Expert, who withdraw under sub-regulation (2), and who has received advance payment from the developer, owner or operator, shall be required to refund to the developer the portion of the fees which has not been earned by him in the circumstances except that where there is dispute between the developer and the Environmental Expert regarding the matter, it shall be referred to arbitration under the wTinen law prescribing Arbitration. 3.-(1) An Environmental Expert shall not unreasonably delay the carrying out of instructions received from the developer, instructions owner or operator. (2) an Environmental Expert shall conduct business on behalf of the developer owner or operator with the due diligence. (1) An Envimnment~l Fxpert ,hall discharge his other responsibility by applying to the affairs of the developer, owner or operator, his professional skill and knowledge taking into account any statutory duty related to the performance of such duties. 4.-( l) An Environmental Expert shall only be remunerated by a fee ,1gr.,erl 11pon between him and the developer, owner or operator. (2) An Environmental Expert shall be paid for the services, by the developer or operator or owner (a) a fee appropriate to remunerate him for the time and, skill which he shall personally devote to the developer's, owner's or operator's affairs and the responsibility he accepts; (b) a reimbursement of ami a s11itahle margin of profit on his overhead expenses. (3) An Environmental Ellpert shall not charge excessive or unreasonable tees. 5. In computing fees payable to an Environmental Expert, the following shall be considered (a) the skill and knowledge required; (b) consultation involved; (c) risks involved in carrying out the study; (d) the nature of responsibility undertaken; and (e) the time taken for the study. 6 An Environmental Expert shall, at all times, be honest and impartial in his dealings with the developer, owner or operator and the public. 7.-(1) An Environmental Expert shall not usurp the statutory duty of the developer, owner or operator to liaise with the Council. (2) An Environmental Expert may, notwithstanding, sub-paragraph ( l ), consult with the Council regarding technical matters in carrying out the environmental impact study or audit 23 Carrying out of in::itruc tions Fees and factors for remune~ ration Computa tion of fees Honesty Liaising with the Council Environmental (Registration of Environmental Experts) GN No. 348 (contd) Submi ssion of environ mental impact statement or enviro .nmental audit reports Respon1i bilities of the environ mental expert Duty to the en'liron mental experts Devotion of time 8. The Environmental Expert shall submit the environmental impact statement or an environmenw audit report to the developer, owner or operator who shall submit such document directly to the Council 9. An Environmental Expert is personally responsible for work undertaken on behalf of the developer, owner or operator. IO .. A developer,.owm:r or operator shall have the duty toli!! fil the terms of the contract with the Envit~}:ixpen and shall protect the Envir~ntal Expert against any other pefS01l while carfyhig Q\!t profes~ional duties or instructions. 11.-{ 1) An Environmental Expert shall devote sufficient time fi:tr-tbe conduct of the work of the developer, owners or operator. (2) An Environmental Expert shall only take up such work as can be successfully conducted and done on time. PART If GENERAL DUTIES OF ENV1RONMENTAL EXPERT Collection 12.-{1) An Environmental Expert shall take due care and diligence to collect the of data relevant data to address the significant environmental issues in the various stages of the assessment or audit process. (2) An Environmental Expert shall not include in his report, without acknowledgement of the source, any data, which is not the result of his findings. C!n!lll!lation 13. An Environmental Expert shaJJ consult widely with all relevant agencies, stakeholders, interested parties and the general public, on all matters which will, or are likely to, affect them. Guidelines 14. An Environmental Expert shall comply with Regulations or guidelines and directives issued by the Committee or Council. 24 Environmental (Registration of Environmental Experts) G .V .\'o. 3--18 (contd.) IS. An Environmental Expert shall include all the matters as required, under the Act Contents and the guidelines to be included in the environmental statement orehvironmental audit of reports reports before submitting the reports to the developer or owner of the project. 16. An Environmental Expert shall not base an environmental impact assessment or Previous audit entirely on the findings of a previously conducted environmental impacts findings assessment or environmental audit. 17. An Environmental Expert shall, in undertaking an environmental impact study Similar or audit, bear in mind any previous environmental impact assessments of a similar projects project made under these Regulations but shall not copy the prev-ious findings in whole. 18. An Environmental Expert, in makinl'!: reference to other environmental impact Disclosure assessments or environmental audits, shall quote and disc lose the reference. of 19. In the event of any alleged breach of this Code of Practice, an Environmental Expert shall co-operate fully and without reservation in any formal inquiry or when called upon to appear before the Committee. 20. An Environmental Expert shall maintain a record of all environmental impact studies or audit work carried out by him, which shall on request be made available to the Committee. 21. An Environmental Expert shall ensure that al1 work undertaken by him is carried out in accordance with applicable standards and best practice. PART III PRINCJPI ES OF F.n1Tr~ 22. An Environmental Expert shall carry out his professional activities, as far as possible, in accordance with principles of sustainable development and the highest ~tandatd~ ofenvironment:.11 proter.tion ,m.-i in r.nlTlflli,mr.Pwith relevant law~, including, but not limited to the Environmental Management Act 2004, and the Regulations made under it. 23. An Environmental Expert shall st all times pl~ce the integrity of the .-nvimnment, including conservation and sustainable use of the biophysical environment to address poverty and the social welfare, health and safety aspects of the socio-economic environment, above any commitment to private interest. 25 references Coopera tion in case of inquiry Mainte nance of tecords Use of applicable standards and practices Use of principles of sustainable develop ment Protec.ti on of the integrity of the environ ment Environmental (Registration of Environmental Experts) GN. No. 348 (comd.) Promotion of environ mental considera tion Separation of facts and opinions: Advance ment in knowledge by expert Misrepre sentation of qualifica tions Professional conduct of environ mental expert Adequacy of informa lion Responsi bility to the law and profession Integrity of the Committee Respons ibility to the public 24. An Environmental Expert shall promote the incorporation of environmental 1;u11~idera1iuns from the earliest scages ofprojecr design or development. 2.5. An Environmental Expert shall clearly differentiate between facts and opinions in his work. 26. An Environmental Expect shall, to the best of his ability, keep informed of advances in environment impact assessment practice or environmental audit practice and must integrate such knowledge in his professional activities. 27. An Environmental Expert shall not misrepresent or allow or permit misteprnentation of his own or an associates' academic or professional qualifications nor exaggetate his degree of responsibility of any work of a professional nature. 28.-{ I) An Environmental Expert shall conduct his work in accordance with these Regulations and the code of ethics obtaining in the profession to which he belongs. (2) An Environmental Expen must conduct his profession in accordance with 1he best available practice, taking into account advanced in science and technology. (3) An Environmental Expert shall act professionally, accurately, truthfully and in an unbiased manner. 29. An Environmental Expert shall not i,,tentionally communicate inadequate, false or misleading information that may compromise the integrity of any assessment or audit or the approval process. 30.-( I) An Environmental Expert shall abide by the laws of Tanzania, uphold the code of conduct, honour his profession and adhere to ethical principles. (2) An Environmental Expert shaJJ strive to enhance the profession of Environmental Experts. JI. an Encitonn1ental fa.pert shall not act in any way that is likely to prejudice the reputation of the committee or its functions and shall co-operate full with an inquiry carried out in the event of any alleged breach of this Code. 32. An Encironmental Expert shall ensure that no action or omission on his pan or within his sphere of responsibility fr detrimental to the interest, condition or safety of the public and the environment. 26 Environmental (Registration oft:nvironmental Expert.1) G.V .\'o. 348 (contd) 33. An Environment Expert shall not undertake or accept any work beyond his qualifications. 34. An Environmental Expert shall not allow any person to practice in his name as a registered Environmental Expert unless that person is also a registered Environmental Expert unless that person is also a registred Environmental Expert and is in firm or employed by him. 35.-(1) An Environmental Expert shall not sign or put his name to an environmental impact statement or environmental audit that is not prepared by him, or by staff under his supervision. (2) An Environmental Expert shall not knowingly sign or put his name to an environmental impact statement or audit that contains false information. 36. An Environmental Expert shall not breach the terms of his contract with the developer, owner or operator. 37. An Environmental Expert shall not engage in activities that bring discredit to his profession or to the delivery of an environmental impact study or audit, and shall expose without fear or favour all those engaged in illegal or unethical conduct. 38. An Environmental Expert shall not directly or indirectly apply or seed instructions for professional business or do or permit, in carrying out of his practice any act or thing, which can be reasonably regarded as advertising and shall not entice the developer, owners or operators from other Environmental Experts. 39. An Environmental Expert shall not give his opinion on an envkonmental impact study or audit in which he has substantial interest unless he discloses the nature of interest when expressing or her opinion Honest !Jnc:erti lied or registered persons Signing of the statement of the study or Tl':f111rl Breach of terms Illegal activities Adve11ising Diiclo sure of Environ mental expert's interests 40.--(1) An Environmental Expert shall not disclose classified information acquired Con fi in the course of his professional anganement to any person other than the developer, dentiality owner or operator of the Authority without the consent of the developer, owner or operator of the Colmcil. (2) In the case of envorinmental audit, an environmental auditor shall not disclose any information relating1o an audit without prior written approval from the owner or operator of the: audited facility, or the auditing organisation, unless required by law. 41. An Environmental Ex.pert shall not exploit the lack of experience, lack of understanding, illiteracy or other personal shortcomings of a developer, owner or operator, or th1: public for his personal benefit or any other person. 27 Exploita tion Environmental (Registration of Environmental Experts) GN. No. 348 (conrd.) Commis sion Cornpet• ing interest 42.-(1) An F.nvironrnentAl Expert i:hall not accept any work which involves the giving or receiving of discount or commission, nor shall be accept any form of bribe, gift or commission from a sector ministry of department, the private sector, non governmental organisations and the public, or any person, whether employed in his work or not. (2) An Envoronmental Expert shall not accept any, commission, gift, or other inducement &orn the owner or operator or employee or agent, of the operator or OW11er or any other interest party when carrying out an audit, or knowingly allow any person to do so. . 43. Environmetal Expert shall not represent conflicting or competing interest and shall disclose to any client or employer any relationship that may influence his judgement prior to the carrying out of work. Dar es Salaam, 21., October, 2005 ARCAOO D. NTAGAZWA (MP.), Minister of State, Vice-President :r Office (Environmental and ll nion Matters) 28