Tropical Pesticides Research Institute Act. 18/79.

Pesticide use is one of the key environmental problems created by this sector, by both large and small scale agricultural activities. Pesticide users, sellers, importers, producers, etc., are, however, regulated by law. The Tropical Pesticides Research Institute Act creates the Tropical Pesticides Research Institute as the key regulatory and research authority for pesticides in Tanzania. The Act establishes permitting requirements for different aspects of the pesticide life cycle, including mandatory permits for importation of pesticides and other components of pesticides, and mandatory permits for manufacture and fumigation. In this section of the handbook, the regulation of pesticide users is discussed, while section 4.4 and 4.11 address production and trade in pesticides, respectively.

TPRI's licensing requirement for fumigation is most important for agricultural producers. Relevant forms are included in Appendix A.

Water Laws

Pollution of water is also a common result of various agricultural practices and has disastrous consequences for human health in communities existing near the site of the action, as well as tremendous degradation of the natural environment. Precisely because the agricultural sector in Tanzania is so large, this resulting problem in rural and even in urban areas is affecting the lives of many. Again, government regulation does exist and it is the responsibility of businesses to know these laws and to comply, wherever possibly, in a voluntary fashion.

Any agricultural or livestock activities which involve extraction, use and discharge of water are governed by all of the laws related to these activities. These laws are discussed extensively below, in section 4.5. With respect to agricultural production, where water is taken from a river or a stream or any other water which fits the definition provided under the Act, that user must have a Water Right, pursuant to the Water Utilization and Control Act, unless otherwise exempt from the requirement (such as for domestic stock purposes). Water rights holders are subject to the pollution limitations established in the various Acts discussed below. In addition, specific discharges are regulated through other legislation as further discussed below.

Penal Code, Cap. 16

Unsafe use of agricultural chemicals can severely impact human health and the environment. Other agricultural activities which result in soil erosion and subsequent siltation of waterways may also impact human health and the environment. The Penal Code is the principal law concerned with "criminal" activities in Tanzania and indirectly restricts these practices. Specifically, section 184 prohibits the "fouling of water". Any person who involuntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour. Further, section 179 stipulates that "any person who unlawfully or negligently does any act which is and which he knows or has reason to believe is likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour." Agriculture users should avoid violation of these sections or be subject to prosecution by the Director of Public Prosecutions.

Grass Fires Control Ordinance, Cap. 135

Agricultural and livestock practices which involve clearance of land by burning can also have detrimental effects on the environment, in some cases rendering the land unproductive for years to come. Government regulation of this issue occurs in the Grass Fires Control Ordinance, which sets forth regulations regarding setting fires on one's own and other's property. Notice to neighbors and permission from the District Commissioner are required before a land "owner" intends to burn on his or her land. The Ordinance is limited to those areas which are declared by the Minister, which are: Mufindi, Shinyanga, and Bukoba. Section 4 requires two days notice to be given to neighbours within 1/2 mile when vegetation is to be burned by the owner of land or other authorized person. In addition, no fires may be set outside of one's own property without the District Commissioner's permission. Further, it is not allowed to set fire on land that a person has reason to believe will spread so as to damage or destroy property of another person. Penalties for violation of the Act are 2,000/= or six months or both.

Land Ordinance, Cap. 113

The Land Ordinance establishes property rights in Tanzania. All land is vested in the President, but may be held in "leasehold" as rights of occupancy by occupants, which means that after the lease expires, the land returns to the government. Both customary and granted rights of occupancy are recognized. The majority of land is held under customary rights of occupancy. The latter require a Certificate of Occupancy as proof of occupancy rights. Conditions can be placed on these granted rights of occupancy, including environmental conditions for sound agriculture and livestock keeping.¹ In addition, Certificates of Occupancy are granted for specific purposes, including agriculture and livestock keeping. Land is allocated for granted rights of occupancy by different land allocation authorities according to the size of the plot allocated and the length of the term of allocation.

Ngorongoro Conservation Area Ordinance

This Ordinance is relevant for businesses wishing to operate in the Ngorongoro Conservation Area (NCA). The Ordinance is discussed in detail in Chapter 4.10, Tourism. However, it is relevant to note here that all residents in the NCA are required to have a permit, unless otherwise exempt and that cultivation and livestock grazing may be restricted by the Conservator. However, some have argued that customary land rights to engage in these practices override the Conservator's authority.

The Wildlife Conservation Act, No. 12 of 1974

Section 12 of the Act Restricts the grazing of any livestock in game reserve without the written permission of the Director. In effect, the section requires that a person wishing to graze any livestock in a game reserve must first seek and obtain the written permission of the Director the Games.

1. Whether or not such conditions have been imposed by the relevant land allocation authorities was not investigated for the research for this Handbook.