3.0 OVERVIEW OF ENVIRONMENTAL LAWS AND INSTITUTIONS IN TANZANIA

"Environmental law" is a new term in Tanzania, although as is clear from Chapter 2.0, some of the many concepts in environmental law have existed here since the birth of the nation and before. Also, in some senses, most laws pertain to some aspect of the natural or human environment and may be called environmental laws in the sense that they regulate uses of the environment. In another sense, however, laws which regulate use of the environment purely so that the state may benefit from private development, through payment of license fees or economic royalties, do not always effectively conserve the environment for purposes of sustainable development. Therefore, the best way to define the laws addressed in the analytical section of this handbook are "those laws which pertain to environment," some of which may be "environmental laws" reflecting the concepts presented in Chapter 2.0.

Tanzanian laws which pertain to environment may be grouped in four main categories: First, land use laws; second, natural resources and conservation areas laws; third, pollution-related legislation; and, fourth, overall environmental management legislation. Laws from each of these categories are addressed in this handbook.

The National Environment Management Council Act falls into the last category and is perhaps one of the most significant laws which pertains to environment, and one which demonstrates government interest in sustainable economic development that includes environmental considerations. The Act created the National Environment Management Council (NEMC) in 1983 for the purpose of "acting as an advisory body to the government on all matters relating to the environment." As part of its advisory capacity, NEMC is given the duty to formulate and recommend policy, coordinate activities, evaluate and improve existing policies, stimulate public and private participation in programmes and activities for national beneficial use of natural resources, specify standards and norms, establish and operate a system of documentation, formulate proposals for legislation, establish and maintain liaison in other national and international organizations, and undertake general environmental education programmes¹.

In addition, the Director General of the Council is given specific duties to "consider means and initiate the steps for the protection of the environment and for preventing, controlling, abating or mitigating pollution, carrying out investigations into the problems of environmental management, obtaining advice from experts, to review progress of attainment of purposes of the Act and to promote and carry out short and long-term planning and projects in environmental management and protection."²

Todate, most of NEMC's activities have involved preparation of the National Conservation Strategy for Sustainable Development. The Division of Environment, in the Ministry for Tourism, Natural Resources and Environment, is the government body for overall environmental matters. The Division has prepared the draft National Environmental Policy and convened a workshop in June, 1995, on formulation of an environmental bill.

In addition to these two institutions, many other institutions implement the provisions of the various "laws pertaining to environment" and many of these institutions are addressed in the handbook. The relationships between the two key environmental bodies and the other institutions are only now being worked out. A final environmental policy and a future environmental law will likely clarify their relationships. In the meantime, the existing legal framework is the deciding factor. It is this framework which is presented in Chapter 4.0.

1. See Division of Environment, Ministry of Tourism, Natural Resources and Environment, Report on Existing Legislation Pertaining to Environment, 1994.
2. Ibid.