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
bulletLocal 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
you are hereTanzania 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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Tanzania Bureau of Standards Act, 3/75

The Act establishes a National Standards Institute which is to recommend rules/conditions related to specifications, codes of practice, safety, trade descriptions, sampling methods, and testing methods about:

  1. Production of a commodity,
  2. Any component, raw material, machinery, instrument or apparatus used directly or indirectly in production of a commodity.

In section 17 of the Act, the Minister for Commerce and Industry may declare, upon recommendation from the Board, compulsory standards for a commodity, or for manufacture, production, processing or treatment of any commodity. In addition, several steps are set forth for producers to voluntarily certify their products with TBS so as to notify consumers of their products' quality.

Effectively, the Act and its accompanying regulations have established three processes for implementation of the National Standards Institute (Tanzania Bureau of Standards) standards. First, a producer's product may be certified as meeting particular standards set forth for that product. Certification is accomplished when the producer acquires a license from the Ministry. The manufacturers/sellers must utilise the standards mark (showing that the commodity meets the standard) if they are licensed by the Ministry. It is a violation of the law to sell a commodity with a standard mark if the commodity or process is not actually licensed and/or not in compliance with the established standard (see the Standards Certification Regulations, GN 91/81).

Second, where the particular product does not have a "standard" but the manufacturer or dealer of a product would like to demonstrate that the product or its process meets certain minimum quality standards, the producer may apply for Tested Product Certificate, using a product specification which is approved by the Specification Approval Committee (SAC) of the National Standards Institute (see Tested Products Regulations, GN 137/84). In particular, the applicant is to refer to national or international standards used as a basis for the specification and the Tanzania Bureau of Standards is to draft a scheme of inspection and test (SIT) with which the producer will be required to comply in order to hold the Tested Product Certificate. TBS also has the authority to carry out surprise inspections to ensure that the conditions of the certificate are being implemented.

Third, compulsory standards may be declared by TBS. The Standards (Preliminary Notice of Recommendation of Compulsory Standards) Notice, GN 138/84, announced several of these standards.

Standards are relevant both for the products themselves as well as the manufacturing processes. Some of the specific process standards are discussed in the section on water pollution, above. In addition, a full catalogue of all TBS standards is available from TBS.