ENVIRONMENTAL LAW HANDBOOK FOR BUSINESSES

bulletIntroduction
bulletPreface
bulletAcknowledgement
bulletChapter 1.0 Introduction: Environment and Economic Development: A Context for the Business Sector
bullet1.1 Background
bullet1.2 The AGENDA for Environment and Responsible Development
bullet1.3 Purpose of this Handbook
bulletCHAPTER 2.0 Concepts in Environmental Law and Future Trends
bullet2.1 Introduction
bullet2.2 Environmental Law
bullet2.3 Subsidiary Legislation (Environmental Regulations)
bullet2.4 Environmental Indicators and Standards
bullet2.5 New Proposed Policy Instruments for Environmental Protection
bullet2.6 Public Participation
bullet2.7 Public Interest Litigation
bullet2.8 Conclusion
bulletCHAPTER 3.0 Overview of Environmental Laws and Institutions in Tanzania
bulletCHAPTER 4.0 Analysis of Laws Impacting the Environment in Specific Economic Sectors
bulletPart I: Productive Sectors
bullet4.1 Agriculture and Livestock
bullet4.1 A. Overall Contribution to Economy
bullet4.1 B. Key Environmental Issues
bullet4.1 C. Legal Requirements
you are hereLocal Government Acts and Decentralization of Government Administration Act
bulletNational Land Use Planning Commission Act
bulletCattle Grazing Ordinance
bulletOther Relevant Agriculture and Livestock Laws
bullet4.2 Forestry and Marine/Fisheries Resources
bullet4.2 A. Overall Contribution to Economy
bullet4.2 B. Key Environmental Issues
bullet4.2 C. Legal Requirements
bulletForests Ordinance
bulletFisheries Act, 6/70
bulletOther Relevant Forestry and Marine/Fisheries Laws
bullet4.3 Wildlife Utilization
bullet4.3 A. Overall Contribution to Economy
bullet4.3 B. Key Environmental Issues
bullet4.3 C. Legal Requirements
bullet4.4 Industry
bullet4.4 A. Overall Contribution to Economy
bullet4.4 B. Key Environmental Issues
bullet4.4 C. Legal Requirements
bulletLocal Government (District and Urban Authorities) Acts, Nos. 7 and 8, 1982
bulletTown and Country Planning Ordinance, Cap. 378 and National Land Use Planning Commission Act, 3/84
bulletWater Laws
bulletNational Industries Licensing and Registration Act
bulletProtection from Radiation Act
bulletExplosives Act, 56/63
bulletTanzania Bureau of Standards Act, 3/75
bulletFactories Ordinance, Cap. 297
bulletPharmaceuticals and Poisons Act
bulletTropical Pesticides Research Institute Act, 18/79
bulletFood Control of Quality Act, 10/78
bulletOther Relevant Industry Laws
bullet4.5 Mining
bullet4.5 A. Overall Contribution to Economy
bullet4.5 B. Key Environmental Issues
bullet4.5 C. Legal Requirements
bulletMining Act 17/79
bulletThe Petroleum (Exploration and Production) Act (no 27 of 1980)
bulletPetroleum Exploration and Production Act
bulletOther Relevant Mining Laws
bulletPart II: Economic Services Sectors
bullet4.6 Transport
bullet4.6 A. Overall Contribution to Economy
bullet4.6 B. Key Environmental Issues
bullet4.6 C. Legal Requirements
bullet4.7 Construction
bullet4.7 A. Overall Contribution to Economy
bullet4.7 B. Key Environmental Issues
bullet4.7 C. Legal Requirements
bullet4.8 Water (Supply)
bullet4.8 A. Overall Contribution to Economy
bullet4.8 B. Key Environmental Issues
bullet4.8 C. Legal Requirements
bullet4.9 Energy (Supply)
bullet4.9 A. Overall Contribution to Economy
bullet4.9 B. Key Environmental Issues
bullet4.9 C. Legal Requirements
bullet4.10 Tourism
bullet4.10 A. Overall Contribution to Economy
bullet4.10 B. Key Environmental Issues
bullet4.10 C. Legal Requirements
bulletNational Parks Ordinance, Cap. 412
bulletTourist Agents Licensing Act, 2/69
bulletNgorongoro Conservation Area Ordinance
bulletOther Relevant Tourism Laws
bullet4.11 Trade and Commerce
bullet4.11 A. Overall Contribution to Economy
bullet4.11 B. Key Environmental Issues
bullet4.11 C. Legal Requirements
bulletCHAPTER 5.0 Conclusion
bulletAppendix A: Sample Permits and Licenses

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Local Government Acts, Nos. 7 and 8, 1982 and Decentralization of Government Administration (Interim Provisions) Act.

First, the Local Government (District and Urban Authorities) Acts have given authority to local governments to regulate those matters traditionally of a local nature, including agriculture and livestock. District authorities, for example, have the duty to control and improve agriculture (§111(2)(b)).

According to the Local Government (District Authorities) Act, District Councils shall have power to prescribe steps to be taken by the occupier of any agricultural land for the purposes of maintaining and improving its productivity and preserving the fertility of the soil. According to the First Schedule of the Act, District Councils may also:

  1. Provide services for the improvement of agriculture,
  2. Control or prescribe the methods of husbandry in respect of any agricultural land,
  3. Require taking of such measures as may be necessary for the preservation of harvested crops,
  4. Suppress or control animal or insect pests or plant pests, noxious weeds or plant diseases, and
  5. Declare land to be reserved for reconditioning. Section 39 gives authority to exterminate and prevent the spread of tsetse fly, mosquitoes, bugs and other insects.

District authorities also have the authority to prevent improper cultivation techniques by controlling fires (§118 (2)(l)). Township and urban authorities have similar authority to declare areas of land reserved for purposes of reconditioning. In addition to these general authorities, local governments have a general duty to promote social welfare in their areas as well as the duty to take all measures necessary, desirable, conducive or expedient for the furtherance and enhancement of health and the relief of poverty and distress.

Many by-laws (subsidiary legislation) have been enacted by districts, township and urban authorities, pursuant to their powers given in the above Acts for regulation of agricultural development. In many cases, the by-laws for different Districts are virtually identical. However, in other cases, by-laws specific to that District's problems have been enacted. In the interest of space, this Handbook does not analyze all the relevant agricultural by-laws for all Districts, but directs businesses to review the list of subsidiary legislation included in Appendix C to the Handbook. Businesses should review the by-laws relevant to specific Districts in order to understand what is restricted or prohibited with respect to cultivation and other agricultural practices. For example, Lushoto District's Soil Conservation By-Laws, GN 316/92, establishes a framework for protecting certain sensitive areas from cultivation, grazing and taking trees.

These uses are either prohibited or restricted depending on the area. Where restricted, a permit from the District Natural Resources Officer is required in order to practice that use. In the urban context, the Dar es Salaam City Council (Animals in the City Area) By-Laws, GN 16/90, provide that animals should be kept with a permit from the City Director and that no grazing is allowed in the city area. Animals are defined to include: Camel, cattle, donkey, goat, horse, mule, pig, sheep and rabbit, but do not include cat and dog. In addition, owners of animal are to remove manure. Different types of permits are included in Schedule A to the By-Laws. This by-law is an example of regulation of the informal sector, which, as noted above includes urban agriculture and livestock keeping.

Finally, other types of agriculturally-related by-laws exist, for example, the Singida District Council (Livestock Movement Control) By-laws, GN 733/87 and the Dar es Salaam City Council (Regulations of Planting, Maintaining and Protecting Trees) By-Laws, GN 20/90, which makes it an offense to cultivate or mow grass on hazard areas or to tamper with the natural flora of such an area.