Law Environment and DevelopmentJournal

1 LEAD. Law Environment and development journal TANZANIA - environmental management ACT, 2004. VOLUME. 3/3. LEAD journal (Law, Environment and development journal ). is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the School of Law, School of Oriental and African Studies (SOAS) - University of London and the International environmental Law Research Centre (IELRC). LEAD is published at ISSN 1746-5893. The Managing Editor, LEAD journal , c/o International environmental Law Research Centre (IELRC), International Environment House II, 1F, 7 Chemin de Balexert, 1219 Ch telaine-Geneva, Switzerland, Tel/fax: + 41 (0)22 79 72 623, TANZANIA - environmental management ACT, 2004. This document can be cited as Tanzania - environmental management Act, 2004', 3/3 Law, Environment and development journal (2007), p.

2 290, available at Published under a Creative Commons Attribution-NonCommercial-NoDerivs License TABLE OF CONTENTS. 1. Preliminary Provisions 292. 2. General Principles 296. 3. Administration And Institutional Arrangement 298. 4. environmental Planning 306. 5. environmental management 308. 6. environmental Impact Assessment And Other Assessments 319. 7. Strategic environmental Assessment 324. 8. Pollution Prevention And Control 326. 9. Waste management 329. 10. environmental Quality Standards 335. 11. environmental Restoration, Easements and Conservation Orders 338. 12. Analysis And Records 342. 13. environmental Information, Education And Research 344. 14. Public Participation In environmental Decision Making 346.

3 15. International Agreements 346. 16. Compliance And Enforcement 347. 17. environmental Appeals Tribunal 354. 18. National environmental Trust Fund 357. 19. Financial Provisions 358. 20. General And Transitional Provisions 359. Schedules 363. 1. Composition, Meeting and Procedure of the National environmental Advisory Committee 363. 2. Procedure for the Conduct of Business by the Board 364. 3. Type of Projects which require Eia 366. 4. Composition and Proceedings of the Board of Trustees of the Fund 367. Law, Environment and development journal THE environmental management vibrations to determine the level or other ACT, 2004 characteristics of the noise or sub-sonic vibration or its effect on any segments of the Environment .

4 NO. 20 OF 2004. analyst means an analyst appointed or An Act to provide for legal and institutional framework designated under section 163;. for sustainable management of Environment ; to outline principles for management , impact and risk assessments, beneficial use means a use of the Environment prevention and control of pollution, waste or any element or segment of the Environment that management , environmental quality standards, public is conducive to public health, welfare or safety and participation, compliance and enforcement; to provide which requires protection from the effects of wastes, basis for implementation of international instruments discharges, emissions and deposits;. on Environment ; to provide for implementation of the National Environment Policy; to repeal the National biological diversity means the variability among Environment management Act, 1983 and provide for living organisms from all sources including, terrestrial continued existence of the National Environment ecosystems, aquatic ecosystems and the ecological management Council; to provide for establishment of complexes of which they are part; this includes diversity the National environmental Trust Fund and to provide within species, among species and of ecosystems.

5 For other related matters. biological resources include genetic resources, ENACTED by Parliament of the United Republic of organisms or parts thereof, populations, or any other Tanzania. biotic component or ecosystems with actual or potential use or value for humanity;. 1. Board means the Board of Directors of the National Environment management Council referred to under section 19(1);. PRELIMINARY PROVISIONS biosafety means avoidance of risk to the protection of the Environment and to human health, Short 1. This Act may be cited as the environmental as a result of the use for research and commerce of title management Act, 2004. genetically modified organisms;. Commen- 2. (1) This Act shall come into operation on such burdened land means any land upon which an cement date as the Minister may, by notice published environmental easement has been imposed.

6 And application in the Gazette, appoint. chemical means a chemical substance in any (2) This Act shall apply to Mainland Tanzania. form whether by itself or in a mixture or preparations, whether manufactured or derived from Interpre- 3. In this Act, unless the context requires otherwise- nature and for the purpose of this Act includes tation industrial chemicals, pesticides, fertilizers and drugs;. Act means the environmental management Act, 2004; Council means the National Environment management Council referred to under section 16;. analysis means the testing or examination of any matter, substance or process for the purpose of decision-making processes means determining its composition or qualities or its effect institutionalized processes or procedures initiated by (whether physical, chemical or biological) on any public or private institutions with the intention of segment of the Environment or examination of making decisions with potential to have socio- emissions or recording of noise or sub-sonic economic and environmental consequences.

7 292. Tanzania environmental management Act, 2004. developer means a person who is developing a environmental impact assessment means a project which is subject to an environmental impact systematic examination conducted to determine assessment process under this Act; whether or not a programme, activity or project will have any adverse impacts on the Environment ;. Director of Environment means a Director of Environment appointed pursuant to section 14; environmental Inspector means an inspector appointed under or designated pursuant to section Director General means the Director General 182;. of the National Environment management Council;. environmental management includes the ecosystem means a dynamic complex of plant, protection, conservation and sustainable use of animal, micro-organism communities and their non- various elements or components of the Environment .

8 Living Environment interacting as a functional unit;. environmental monitoring means the effluent means gaseous waste, water or liquid continuous or periodic determination of actual and or other fluid of domestic, agricultural, trade or potential effects of any activity or phenomenon on industrial origin treated or untreated and discharged the Environment whether short-term or long-term;. directly or indirectly into the Environment ;. environmental planning means planning that element in relation to the Environment means takes into account environmental exigencies;. any of the principal constituent parts of the Environment including water, atmosphere, soil, environmental resources includes the resources vegetation, climate, sound, odour, aesthetics, fish and of the air, land, flora, fauna and water together with wildlife; their aesthetical qualities.

9 Environment includes the physical factors of environmental restoration order means an the surroundings of human beings including air, order issued under section 151;. land, water, climate, sound, light, odour, taste, micro-organism, the biological factors of animals and environmentally friendly includes any plants, cultural resources and the social economic phenomenon or activity that does not cause harm factor of aesthetics and includes both the natural and or degradation to the Environment ;. the built Environment and the way they interact;. environmental health means and comprises of environmental audit means the systematic, aspects of human health and disease that are documented, periodic and objective evaluation of determined by factors in the Environment .

10 How well environmental organization, management and equipment are performing in conserving or ex situ conservation means the conservation preserving the Environment ; of components of biological diversity outside their natural habitats;. environmental easement means an easement created in pursuance of section 156; Fund means the National environmental Trust Fund established by section 213(1);. environmental education includes the process of recognizing values and clarifying concepts in order gaseous wastes means gaseous emissions to develop skills and attitudes necessary to referred to under section 132(1) and includes other understand and appreciate the inter-relationship emissions which may be prescribed;. among human beings, their culture and biophysical surroundings; genetic material means any material of plant, animal, microbial or other organism containing functional units of heredity.