4.2 An Overview of Local Government Authorities: Review of the Decentralization Process and it's Impact on Environmental and Natural Resources Management in Tanzania

Lawyers' Environmental Action Team (LEAT)
leat@mediapost.co.tz

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REVIEW OF THE DECENTRALIZATION PROCESS AND IT'S IMPACT ON ENVIRONMENTAL AND NATURAL RESOURCES MANAGEMENT IN TANZANIA

Introduction

Abbreviations

Legislation

PART I: Conceptual Framework and Rationale for Decentralization

	1.1 Conceptual Framework
	1.2 Background to the Environmental Problems Facing in Tanzania
	1.3 Major Environmental Problems in Tanzania

PART II: Tanzania's Experience with Decentralization: a Chronology of Events

	2.1 Introduction
	2.2 Decentralization Process (1972-1982)
	2.3 Decentralization Process (1983-1998)
	2.4 Local Government Reforms and Environmental Management

PART III: The Policy Reforms and Environmental Management in Tanzania

	3.1 Introduction
	3.2 National Forestry Policy
	3.3 National Environmental Policy
	3.5 National Land Policy

PART IV: Environmental Legislation Management by Local Government Authorities in Tanzania

	4.1 Introduction
	4.2 An Overview of Local Government Authorities
	4.3 District Local Government Authorities
	4.4 Urban Local Government Authorities

PART V: Factors Hindering Effective Management of the Environment by Local Governement Authorities

	5.1 Introduction
	5.2 Lack of Property Rights Over Natural Resources
	5.3 Weak Formulation and Implementation of Bylaws
	5.4 Poor Enforcement of Environmental Laws
	5.5 Weak Penalties and Incentives

PART VI: Practical Implications to Decentralize Environmental Management Structures

	6.1 Existing Interfaces and Linkages between Local Government Structures
	6.2 Capacity of Local Governments In Environmental Management

PART VII: Conclusions and Recommendations

	7.1 Conclusions
	7.2 Recommendations

References

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4.2 An Overview of Local Government Authorities

The Local Government authorities in Tanzania are under the jurisdiction of the Minister responsible for local government affairs. According to the Local Government (District Authorities) Act of 1982 and Local Government (Urban Authorities) Act of 1982 and their amendments, the village, district and urban authorities are responsible for: planning, financing and implementing development programmes within their areas of jurisdiction.

Each authority has to suppress crimes, maintain peace, good order and protect the public and private property; promote the social welfare and economic well- being of persons within its areas of jurisdiction, control and improve agriculture, trade and industry, further and enhance health, education and social life of the people, and fight poverty, disease and ignorance.

In performing their functions, the local government authorities must protect and properly utilize the environment for sustainable development. In addition, local government authorities have the legislative power under Act No. 7 of 1982 and Act No. 8 of 1982. The two pieces of 1982 local government legislation empower the authorities to make by-laws, which are applicable in their areas of jurisdiction.

It is important to point out here that the local government authorities are also designated as corporate bodies having perpetual succession, capable of suing and being sued, and capable of holding and purchasing, or acquiring and disposing of any movable or immovable properties.

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