Environmental protection in Tanzanian

1. Resilient Tanzania Environmental protection in Tanzanian Dar es Salaam 18th – 19th Feb. 2019, Presented by: Dr. Yohana E. Mtoni, Head, Monitoring Department, National Environment Management Council (NEMC), E-mail: yohana.mtoni@nemc.or.tz NEMC Website: www.nemc.or.tz

2. Overview of Presentation • Introduction • Environmental Management in Tanzania • Environmental Rights Protection • General Principles in the Environmental Management Act (EMA) CAP 191 of 2004 • Environmental Impact Assessment • Environmental Compliance and Enforcement • Challenges and the way forward

3. Introduction • In Tanzania, any land including rivers, streams, water courses, any area covered by the territorial sea or continental shell is the property of the Republic of Tanzania and is vested in the President on behalf of , and in trust for the people of Tanzania. • Appropriate steps is taken including the enactment of laws, to safeguard the national environment for posterity and to cooperate with other states and bodies to safeguard the international environment for purposes of protecting the wider international environment for mankind.

4. Introduction (Cont.) • In 2004, The Parliament of Tanzania passed the Environmental Management Act (EMA) CAP 191. • Under this Act, the environmental permits is issued and pollution abatement notices to ensure compliance with laid down environmental impact assessment procedures in the planning and execution of development projects, including compliance with existing projects.

5. General Principles of EMA (CAP 191) Sect. 4 of EMA: Right to clean, safe and healthy environment Sect. 5 of EMA: Right to bring an action on environment Sect. 6 of EMA: Duty to protect the environment Sect. 7 of EMA: Principles of environmental management Sect. 8 of EMA: Obligations to give effect to environmental principles Sect. 9 of EMA: Promotion of the National Environmental Policy

6. Environmental Management in Tanzania • is guided by several national policies and legislation: • National Environmental Policy (1997) • Environmental Management Act (2004) • National Environmental Action Plan (2013) • National Strategy for Growth and Reduction of Poverty II (2010) and • Tanzania Development Vision 2025. • URT National Human Rights Action Plan (NHRAP) 2013-2017

7. Environmental Management in Tanzania (Cont.) • Sector policies: • National Agriculture Policy (2013), • National Livestock Policy (2006), • National Irrigation Policy (2010), • National Forest Policy (1998), • Fisheries Sector Policy (1997), • Wildlife Policy (2007), • National Tourism Policy (1999), • National Water Policy (2002), • National Land Policy (1995), • National Biotechnology Policy (2010), • Mineral Policy of Tanzania (2009), • National Health Policy (2007), • National Energy Policy (2003), • Sustainable Industrial Development Policy (1996), • National Population Policy (2006) • National Human Settlements Development Policy (2000).

8. Institutional arrangement

9. Environmental Mgt. Tools (EMTs) • Environmental Policies, (Env. 1997). • Environmental Legislation, • Environmental Standards, • Environmental Audits, • Clean Technologies, • Environmental Monitoring, • Environmental Impact Assessment.

10. Historical perspective of compliance and enforcement • Numerous environmental programs established to protect air, water, natural resources and wildlife and public health • Policies and programs have been developed to ensure compliance and enforcement with laws.

11. Environmental Management in Tanzania (Cont.) • New projects prepare environmental impact assessment(EIA) and for those already in operation conduct environmental audit and prepare environmental management plan(EMP) • Projects with differing scopes, sizes, sensitivity and complexities are being classified into three categories of A (requiring full EIA), B1 (may or may not require a full EIA) and B2 (does not require a full EIA). These depend on the magnitude of the impact on the environment.

12. Environmental Management in Tanzania (Cont.) • EIA process ensure that modern, precautionary controls are incorporated into the design of development projects and to ensure self-assessment by companies. • Technological changes, expansions, modernizations, etc., are some of the key aspects likely to change over a period of time of the project operationalization, need to be reported to the Council for guidance

13. Environmental Challenges • Some developers are not quick in complying with EMPs/MPs. • Some companies involved in violation of the clean and healthy environment. • These violations include air pollution, water pollution , land and vegetation degradation , noise emissions and vibration from blasting.

14. Mandates and Functions of NEMC • The main mandates of NEMC are prescribed under section 18 of EMA Cap 191 - undertaking enforcement and compliance, - reviewing and monitoring environmental impact assessments, - facilitating public participation in environmental decision-making, - supervising and coordinating environmental management issues assigned to the Council, - etc.

16. Three Levels of Environmental Rules • Multilateral Environmental Agreements • Montreal Protocol • Kyoto Protocol • National Environmental Legislation • Policies, legislation, Regulations and guidelines • Pollution Limits • Enforcement programmes • Environmental Management Standards • Voluntary standards • Aids to improve environmental Performance • EMAS: Environmental Management and Audit Schemes

17. Implementation of EMPs/MPs If the EIA report is approved & the EIA Certificate issued, next will be follow-up of the implementation of EMPs/MPs The Council conducts monitoring and audits in order to evaluate the performance of mitigation measures , adherence to approved plans, environmental standards, and general compliance to terms and conditions set out in the EIA certificate.

18. Environmental monitoring • Environmental monitoring is executed by • both the developer and NEMC. • The developer undertake self-monitoring, • self record-keeping and self-reporting. • The developer prepare and submit • annual environmental monitoring report • to NEMC using information gathered • through monitoring.

19. Environmental monitoring (Cont.) • Monitoring is done during both construction and operation phases of a project to: • Ensure that approval conditions are complied • Observe whether the predictions made in the • EIA reports are correct or not. • Where impacts exceed levels predicted in the • environmental impact study, corrective action • is taken. • Enable NEMC to review validity of predictions and conditions of implementation of the EMP

20. After issuing the EIA Certificate, next will be follow-up of the implementa-tion of EMPs/MPs

21. Follow-up of the implementa- tion of EMPs/MPs: Taking samples for laboratory analysis

22. Follow-up of the implementation of EMPs/MPs: Oil & Gas Projects

23. Approaches to environmental compliance

25. Environmental Enforcement

26. Deterrence

27. Compliance and Enforcement Programs • Is an organization, management systems and human and financial resources dedicated both to encouraging and compelling compliance • Compliance and Enforcement Programs • Protect public health and environmental quality • Build and strengthen the credibility of environmental requirements • Ensure fairness and reduce costs and liability

29. For effectively to enforce compliance • Continue to prepare the required regulations • and guidelines • Improve institutional coordination • Ensure sufficient financial resources, and • adequate professionals and highly trained • staff • With good governance and transparent management, development projects can have an impact on minimizing harm, reducing poverty and boosting shared prosperity, while respecting community needs and the environment

30. Monitoring or Audit Findings Follow-up • The Monitoring or audit report is prepared and delivered to the auditee • Time for feedback on implementation status is set • Within the time specified, NEMC expect to receive feedback on the corrective actions taken/implemented by the developer in order to comply with the requirement of the law

31. THANK YOU FOR YOUR ATENTION