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Nelum
Laws of Tanzania

National Environmental Policy 1992

Made 1992 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
policy
Organisation
Zambezi Watercourse Commission (ZAMCOM)
Country
Tanzania
Subjects
Environment, Land and soil, Sea, Water
Keywords
protection of environment, biodiversity, coastal zone management, cultural heritage, data collection/reporting, education, environmental impact assessment (EIA), governance, land-use planning, management/conservation, monitoring, pollution control, public participation, research, sustainable use, bioenergy, freshwater pollution

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  1. ZANZIBAR REVOLUTIONARY GOVERNMENT NATIONAL Ei"TVIR'ONMENTAL POLICY FiOR ZANZ1lBAR COMMISSION fOR L\NOS AND ENVIRONME>lT :V1INISTR':.. i)F WATER.CONSTRUCTION.ENERGY. LlNDS AND ENVIRONMENT ZANZIBAR i 992. LIST OF CONTENTS 1. 2. 3. 4. 5. 6. Statement by His Excellency Dr. Salmin Amour President of Zanzibar .... . ... List of contents .... . ... Foreword by Honourable Dr. Omar Ali Juma Chief Minister .... .... . .•. Towards Environmentally Sound and Sustainable Development, Statement By Honourable Salim Hashim Rajah, Minister for Water, Construction, Energy, Lands and Environment .... . ... Policy Statements Governmental Organisation for Environmental Protection in Zanzibar .... .. .. Page ii 1 2 4 14 FOREWORD Zanzibar is renowned for its beautiful and productive tropical environment, but we cannot take that environment for granted. The pressures upon it arc mounting, as we strive for economic development and as the population of our Island grows, and there is now a compelling need for action. To the Zanzibar Government, the quality of our environment and its preservation for future generations is one of the cornerstones of Government policy. Protection of the health and welfare of the people of Zanzibar is a top priority and it is this imperative which has motivated the Government to formulate a National Environmental Policy. For it is only by tackling the problems of development and environmental protection together, as a unified comprehensive endeavour, that we can achieve lasting improvements in the welfare of the people. The foundation of the policy is to protect and improve the environment in a manner which contributes to the quality of life of both present and future generations. The concept of quality of life embraces economic, social and cultural aspects, as well as environmental. Therefore the policy attempts to harmonise environmental protection with these other factors, rather than compete with them. In particular, it aims to guide economic activities towards channels that will be sustainable and will not harm the environment in the long term. We want to build amongst the Government and people of Zanzibar a commitment to protecting the environment as part of the struggle to improve our own lives. The policy is a response to the challenges posed by ex1stmg environmental problems, such as pollution and depletion of natural resources, and by those we can foresee and control, such as the impacts of tourism expansion. It recognises the essential links between sustainable development and sound environmental management and takes account of the special limitations of island ecosystems. It emphasises the need for participation by all sectors and by all the people of Zanzibar it is not just a Government affair. The policy was born out of a widespread concern for our environment. I hope it can help to generate an equally widespread commitment to action and cooperation in the demanding task of taking good care of our environment. I consider protection of the environment to he an investment in our future and I am proud to endorse the ~--~ ~~ Dr. Omar Afi J uma --lA.,--.,..-::1 Chief Minister 2 TOWARDS ENVIRONMENTALLY SOUND AND SUSTAINABLE DEVELOPMENT Statement by the Minister of Water, Construction, Energy, Lands and Environment, Zanzibar Like many African countries, Zanzibar is finding the combination of poverty, rapid economic liberalisation and population growth is putting tremendous pressure on its environment and natural resources. As a tropical island ecosystem, Zanzibar is particularly vulnerable to environmental degradation. Most of our people depend direct! y on the resources of land and sea; they cannot afford to let those resources be lost or degraded. We have high hopes that tourism will strengthen the national economy; high quality tourism demands a high quality environment. Recognising how important our environment is to us , the Government of Zanzibar decided to prepare a National Environmental Policy anp to develop the institutional mechanisms to implement it. The responsibility for environmental policies and programmes rests with the Ministry of Water, Construction, Energy, Lands and Environment. The Ministry is home for the Commission for Lands and Environment, (here in after referred to as COLE) which includes the Department of Environment. It is this Department which has been spearheading the development of the policy and programme. However, management of the environment is not the business of one sector, it concerns many sectors. Indeed, it is part of the daily lives of all Zanzibaris. Therefore the Department of Environment has spread its net as widely as possible in its attempts to gather and assess ideas on how Zanzibar should manage its environment. A realistic and effective policy has to be based on a thorough understanding of man -s relationship to the environment. On a global scale, it is man's careless attitude to, and mistreatments of, the environment which has brought us to the present state of environmental crisis. Though we have contributed little to causing problems, such as climatic change and sea level rise, Zanzibar will surely be affected by them, and we will speak out internationally for a change in man's treatment of this planet. We must also question our own relationship to the environment, here in Zanzibar. In preparing the policy, we have had to face up to the reality of rapid degradation of our limited resources, such as land, forests, fisheries and water, and to the squalid consequences of unplanned urban development. We have had to confront the threat of unplanned development . in tourism, agriculture, fisheries and industries, stimulated by an Economic Recovery Programme which is strong on financial incentiv1..:s but weak on environmental impact assessment. At the same time, we have found that there is much that is good and healthy about our environment. We still have a rich natural environment to conserve and there are many possibilities for improving the quality of our environment, especially in urban areas. J People from many sectors of Government and society participated in reviewing how we manage our environment and how we could manage it in future. The resulting policy charts the course of environmental protection that Zanzibar, including all those many sectors, aim to follow. The guiding principles upon which the Government has based the policy are that it aims: i) To ensure the maintenance of basic ecological processes upon which all productivity and regeneration, on land and in the sea, depend. ii) To promote the sustainable use of renewable resources and rational use of non-renewable resources., and-to minimise irrational use, contamination Dr destruction of resources. iii) To preserve the biological diversity, cultural reaches and natural beauty of Zanzibar's lands and seas. iv) To ensure that the quality of life of the people of Zanzibar, present and future, is not harmed by destruction, degradation or pollution of their environment. v) To strengthen both the institutional mechanisms for protecting the environment and the capabilities of the institution involved. Through all the preparatory discussions the principal theme was that environmental problems arc multidimensional by nature and cut across traditional divisions of responsibility between various government departments. The prospects for sustainable development, which is inseparable from good environmental management, will be much better if we can abandon old habits of compartmentalized thinking and fragments decision- making. Therefore it is the task of the Department of Environment to draw all sectors together, encouraging and coordinating efforts to implement the policy. The Department must also reach out to the people of Zanzibar, motivating as wide a range of people as possible to join the movement towards better environmental management. , Lastly, the Department must be the watch-dog, monitoring implementation, and curbing activities that contravene the policy. We in Zanzibar arc fortunate that we have such a fine environment to live in. I believe that we are capable of achieving sustainable development that conserves, rather than degrades, that environment. And I consider that this National Environmental policy, along with an Action Plan, can guide us towards that goal. I would like to express my appreciation to the Government of Finland for the assistance rendered in the preparation of the policy and the implementation of various programmes initiated under the policy. It~ Salim Hashim Rajah (MHR) Minister of Water, Construction, Energy, Lands and Environment POLICY STATEMENTS The primary objective of the National Environmental Policy is to protect and manage the country's environmental assets, such that their capacity to sustain development is unimpaired and Zanzibar's rich environmental endowment is available for future generations to enjoy and use wisely. Therefore, in respect of environment, it is the policy of the Government of Zanzibar to: 1. Improve COORDINATION BETWEEN PARTY, GOVERNMENT AND PRIVATE INSTITUTIONS in planning and decision-making, particularly where there are conflicting interests in the utilisation and protection of natural resources. I a. 1 b. le. Sectoral policies should be fully compatible with the Environmental Policy. Sectoral planners should rout in cl y consult other sectors and COLE about potential conflicts or environmental problems. Where environmental problems arise, an integrated approach to problem solving is needed. COLE should advertise its availability as a mediator in environmental conflicts between Government sectors, communities. private organisations, or any other groups or individuals. COLE should institute a mechanism to monitor compliance with the environmental policy. 2. Prepare and adhere to INTEGRATED LAND~USE PLANS at national and local level. 2a. 2h. The integrated land-use plan being prepared under the auspices of COLE can make a major contribution to protection of the environment hy working 1)Ut a well-balanced zonation of land and resources for appropriate uses. All sectors and representatives of the people uf Zanzibar should participate fully. in the preparation of the plan. so that it reflects a national consensus. There should be strong mechanisms to ensure that the land-use plan. once adopted. is followed. Within and around urban areas non-adherence to town plans has led to many problems of environment, health and quality of life. As a matter of urgency, mechanisms of enforcement in urban and pcri-urhan areas should be strengthened, particularly to prevent: 5 Occupation of open spaces by buildings and workshops. I nappropriatc agricu lturc in unsuitable locations. Small-scale industry in unsuitable locations. Inadequate disposa11 of domestic or industrial waste. 3. Develop a programme of INTEGRATED COASTAL ZONE MANAGEMENT, within the framework of the overall land-use plan. 3a. 3b. Around the coast of Zanzibar the planning and zonation should extend to include the marine ecosystem, especially key components such as coral reefs and sea grass beds. The coastal environment is especially vulnerable and is dependent on careful coexistence between many activities, notably fisheries, urban expansion, tourism, navigation, waste disposal, conservation of biological diversity, construction, and forestry. COLE should therefore emphasise conservation of key ecological features, coordination between sectors and attention to the needs of coastal communities. The coastal zone management system should pay particular attention to problems, or potential problems, of: Coral reef degradation by anchor damage, dynamiting, excessive and/or destructive fishing and shell collecting, damage by tourists, collection of coral rocks, and pollution. Mangrove destruction by excessive cutting for poles and fuelwood or clearance for other developments. Beach erosion or deterioration caused by sand mmmg, destruction of natural protective features, construction too close to the beach, and pollution. Long-term ecological change caused by sea­ level rise. Over-exploitation of near-shore fisheries and of shells for food or sale as curios. 4. Improve the MANAGEMENT OF RURAL LANDS, within the framework of the overall land-use plan. 4a. In the more fertile lands, the environmental priorities are to maintain the productive capacity of the land, through good 4b. 6 husbandry and soil conservation measures, and to avoid polluting groundwater with agro-chcmicals. In the less fertile coral rag and uwanda lands, the environmental priorities arc to: Ensure a balanced allocation of land for agriculture, forestry, nature conservation and other uses. Conduct research on improved farming systems, which can reverse the current decline in soil fertility. Control deforestation for fuelwood, charcoal and poles. Control the degradation caused by excessive use of fire. Promote a reduction of livestock densities and increase in productivity in overstocked areas. Control environmental degradation by careless quarrying. 5. Maintain and use an ORGANISED BANK OF INFORMATION relevant to management of the environment. Sa. COLE should undertake the establishment and maintenance of the data bank, drawing on records from all sectors and the results of research and monitoring programmes. COLE should have free access to all records and data. Sb. 5c. Copies of all publications relevant to the environment in Zanzibar should be deposited with COLE. The purpose of the data bank is to be used in planning and monitoring. COLE should therefore emphasise efficient retrieval of information and its availability to all concerned. 6. Develop a wide-ranging, long-term PROGRAMME OF RESEARCH, that can lead to better and timely strategics for resource utilisation and environmental protection. 6a. Most research will be undertaken by existing institutions or independent researchers. The role of COLE will be to identify environmental research priorities and cooperate with the research institutions on planning, and finding funds for, environmental research. COLE should also commission research and reviews on selected key topics for which information is urgently needed. 6b. 7 Priority areas for research include: The coastal ecosystem, especially the ecology of the key components upon which fisheries productivity depends. The coral rag lands. Their conservation and improved use requires an integrated research programme, includir.g agronomy, forestry and the study of how the natural vegetation grows and restores soil fertility. Appropriate technology for utilising natural resources. 7. Establish permanent programmes for MONITORING THE STATIJS OF THE ENVIRONMENT. 7a. 7b. Individual sectors should develop appropriate monitoring programmes, with assistance and coordination to be provided by COLE. COLE will ensure that all relevant sectors establish appropriate monitoring programmes and should instigate independent monitoring of important aspects of the environment not yet covered by other sectors. Priority areas for monitoring include: Pollution of the environment. Degradation of natural vegetation on coral ra! lands. Status of the coral reefs. Extent of beach erosion. Waste disposal and the use of land in urba areas. Increase PUBLIC KNOWLEDGE ABOUT THE ENVIRONMENT an' motivate the people to use natural resources wisely. 8a. 8b. COLE should cooperate with educational institutions, n. media and other. organisations to devise and impleme: environmental education programmes. Early target groups for environmental education programm should include politicians and development authorities. T Party has a particular responsi::,ility to help mobilise popui support for proper resource management, especially whc this requires restrictions on unsustainable resource use. 8c. Priority themes for education arc: Better use of coral rag lands, including control of deforestation and damage by fire. Conservation of beaches and marine resources. Environmental health issues, including waste disposal and the dangers of chemicals. 9. Encourage PARTICIPATION IN THE ENVIRONMENTAL PROGRAMME BY THE COMMUNITY, including public institutions, private individuals, non-governmental organisations and businesses. 9a. COLE should set up its programme of operations in a way that facilitates public participation and can respond to people who contribute information about environmental problems or who arc willing to be actively involved in environmental protection. In particular, COLE should: Promote pa.rticipation by women and take account of their importance as users of resources. Promote participation by villagers in pilot schemes and trials for better use of the rural environment, especially in coral rag lands. Help local groups and institutions to devise self-help schemes for waste disposal, pollution prevention and energy conservation. Enable schools and local groups to contribute to environmental monitoring in their own areas. Enable tourism companies to assist conservation of the coastal ecosystem. Advertise COLE's accessibility to the general public and willingness to support local environmental initiatives. 10. Promote CONTROL OF THE POPULATION GROWTH RATE, in order to. promote a healthy environment. 10a. 10b. COLE should support the Family Planning Programme's efforts to reduce the present high birth rate. COLE should seek to influence migration patterns, which arc a major factor in environmcnt:d trends. 9 11. Strengthen CONSERVATION OF ZANZIBAR'S INDIGENOUS PLANTS AND ANIMALS, on land and in the sea. l la. 11 b. l lc. COLE should promote the concept of conserving flora and fauna through sustainable use of natural bush and of marine resources. This will require: Collaboration with the many sectors using these resources, consumptively or non­ consumptivcly. Involvement of local residents in resource management, crop protection and income generation. Research on resource management systems; species distribution, ecology and regeneration; socio-economics and other themes. Within the context of the wider effort to use natural resources sustainably, COLE should promote the improved conservation of forest nature reserves and the identification am! establishment of additional protected areas for conservation of Zanzibar's plants and animals, on land and ~t sea. The management of core nature reserves should be primarily for conservation of species and, where appropriate, for research, education and tourism. COLE should promote the development of such management expertise in Zanzibar. Special attention should be given to species valued for their rarity or distinctive local form, notably the red colobus monkey, leopard,.antclopes, sea turtles and the Pernba palm. 12. Promote the RATIONAL USE OF NON-LIVING RESOURCES, with .minimal damage to the environment. L?.a. COLE should cooperate with the responsible authorities. especially in the construction sector, to: Prevent the mining of coastal or marine sand. where this may contribute to beach erosion. Minimise environmental damage during th( collection of rocks and sand from inland site~ and ensure that disused sites arc rehabilitated. Prevent the mining of rocks from coral reefs i1 the sea or inter-tidal zone, for whatcn purpose, whether alive or dead. 10 13. Prevent the DEPLETION, DEGRADATION OR MISUSE OF FRESH­ WATER RESOURCES. 13a. The Water Department should establish an environmentally sound policy on, and clear authority over, water resources, with assistance from COLE where necessary. 13b. COLE should assist coordination between Water Department and other authorities to protect stream-side land and water catchment areas from degradation, especially by inappropriate cultivation or construction. 14. Prevent POLLUTION OF LAND, FRESH-WATER, SEA-WATER AND AIR 14a. COLE should cooperate with the responsible institutions to: Improve sewage treatment and disposal. Improve storm-water disposal. Regulate industrial effluents. Control the , release of chemicals into the environment. Minimise oil pollution. Develop contingency plans to deal with an oil spill. Set water quality standards for fresh-water sources and bathing areas. Monitor the levels of pollution in fresh-water sources and in vulnerable coastal waters, especially Zanzibar Port. Ensure that people are not disturbed by excessive noise. Control sources of severe air pollution. Establish the principle that costs associated with the prevention or consequences of pollution should be met by the polluter. 15. Ensure that the TOXIC CHEMICALS released into Zanzibar's environment are not of a kind or quantity to harm the environment. 15a. COLE should draw up a national code of conduct to regulate chemical importation and use. 15b. COLE should liaise with the Tropical Pesticides Research Institute, the Bureau of Standards and international bodies 15c. 15d. 15e. 11 with expertise in toxic chemicals, in order to ensure access to the necessary information and advice. In consultation with the concerned ministries, COLE should record all importation and manufacture of toxic chemicals. It should also monitor their distribution, storage and use. Chemicals which are a serious hazard to the environment should be prohibited or restricted. Each ministry concerned in any way with chemical use should draw up a detailed policy on the use of chemicals in its sector, within the context of the national code of conduct and the wider policies of that sector. Where chemical use or disposal is found to be a serious environmental hazard, COLE should take immediate measures to eliminate the hazard, if necessary by prohibiting the use of the chemical or restricting the quantities, locations or methods of use. 16. Control environmental factors contributing to PUBLIC • HEALTH PROBLEMS. 16a. COLE should contribute to Zanzibar's environmental health programmes and cooperate with the Ministry of Health and other bodies on reducing health risks related to pollution, disposal of human waste and refuse, irrigation and stagnant water. 17. Promote the development of SUSTAINABLE ENERGY SUPPLIES. 17a. COLE should cooperate with institutions concerned with energy supply and consumption, to reduce the over­ exploitation of fuelwood and charcoal resources. COLE should promote and assist an integrated approach, including: Increase in fuelwood production. Measures to conserve energy, including the use of energy-efficient appliances, especially by large-scale users, such as schools, hospitals, national service camps, bakeries and lime­ bumers. Measures to persuade commercial users ol fuelwood to produce sufficient for their need! or buy supplies from a demonstrabl.1 12 sustainable source i.e. planted trees or bush under sustainable management. Extension of rural electrification. Research on alternative renewable energy sources, such as solar energy or biogas. 18. Promote the CONSERVATION OF ZANZIBAR'S CULTURAL HERITAGE. 18a. COLE should encourag~ and, where possible, assist conservation of the Stone Town and other sites of cultural significance or natural beauty. In areas of mutual concern, each sector should support the work of institutions responsible for conservation of cultural heritage. 19. Incorporate ENVIRONMENTAL IMPACT ASSESSMENT into procedures for the design of development projects. 19a. 19b. COLE should devise and implement mechanisms to incorporate impact assessment into design of both Government and private projects. The assessment procedure should follow an efficient phased system, such as that advocated by the United Nations Environment Programme. In addition, sectoral planners should establish their own routines for considering environmental factors in the early stages of planning. COLE should promote the acceptance o,f impact assessment as a positive, int ewat r,art of project design, with long-term economic benefits for the country and the developer. 20. Promote INTERNATIONAL COOPERATION on environmental protection. 21. 20a. TRAIN COLE should establish links with institutions in mainland Tanzania. in island states, in Africa and around the world, in order to share knowledge of environmental management and to cooperate on international environmental issues, such as inarinc pollution and global warming. SUFf!CIENT ENVIRONMENTAL SCIENTISTS AND MJ\NAGERS to enable this policy to be implemented. 21 a. COLE should promote training in environmental management. for both pre-scnice and in-service staff working in the 13 natural resources sectors. COLE should assist oth institutions to identify suitable forms of environment training to meet their sectoral needs. 21b. The Government should ensure that sufficient train manpower are available to COLE to carry out the duti necessary to implement this policy. 22. ENACT ENVIRONMENTAL LEGISLATION in support of this policy. 22a. COLE should work with the relevant sectors and le specialists to amend legislation or draft new legislation, assist the implementation of this policy. Priority areas f legislation are: Protection of water resources. Control of pollution. Regulation of toxic chemicals. Intervention in situations environment is threatened. Prevention of deforestation. where Management of protected areas on land and se Regulation of construction in urban areas. Collection of building materials. Requirement for environmental imp: assessment on large-scale developme projects. Environmental health management. 14 GOVERNMENTAL ORGANISATION FOR ENVIRONMENTAL PROTECTION IN ZANZIBAR The Government of Zanzibar recognises the need for an institutional framework capable of ensuring that the policy is implemented and, in particular, that environmental protection really does become an integral part of the development process. This requires not only mat environmental protection is integrated into the regular national planning process (i.e. the National Development Plan) but also that all ministries and other agents of development incorporate environmental considerations into their planning processes. Commitment to the environmental policy must apply across all sectors if it is to be effective. To this end the Government has established the Department of Environment, within the Commission for Lands and Environment. The department has the following functions: i) To promote and monitor the implementation of the environmental policy, by all sectors of Government and by the people of Zanzibar. ii) To maintain a well organised environmental information bank. iii) To provide environmental input into planning processes, based on the national environmental policy. iv) To monitor the state of the environment and organise relevant research. v) To tackle immediate environ~ental problems and stimulate others to action for environmental protection. vi) To promote awareness of, and training in, environmental issues. The role of the Department of Environment has to be very broad, because environmental issues are multi-sectoral, hut it should avoid becoming a large bureaucracy or duplicating the work of others. Instead, it will try to work with and through other institutions wherever possible. The creation of th·e Department of Environment within the Commission for Lands and Environment gives Zanzibar an opportunity to launch a small but effective professional ~ody, which can coordinate the implementation of the National Environmental Policy. To fulfil its stated functions, the Department will need full support and cooperation, both within Zanzibar and internationally.

National Environmental Policy 1992 · Nelum