National Industries Licensing and Registration Act

In addition to regulating the by-products of industry, such as water pollution, the government has regulated the very existence of industries. The National Industries Licensing and Registration Act is intended to provide for registration and regulation of industries in Tanzania. The Act applies to industries which are defined as "any factory which employs more than 10 workers on any day." A factory is further defined as: "Any building, place, and machinery or plant intended to be used for manufacture." Manufacture, in turn, is defined as:

1. Production of any article by the process of mechanical or chemical transformation of any inorganic substance whether such transformation is carried out by power driven machinery or by manual labour
2. the making, processing, altering, repairing, ornamenting, finishing, cleaning, or washing or the breaking up or demolition of any article; or, (iii) the adapting for sale of any article, and includes the assembly of component parts of manufactured products.

Finally, an industry is deemed "established" when an article is produced, whether or not such article or part is used, sold, or exposed for sale, etc. (s. 2). The Act creates a Registrar and Assistant Registrar of Industries to be appointed by the Minister of Industries (s. 3).

The Act divides industries into two categories for purposes of regulation: Small-scale industries and medium and large-scale industries, as may be designated by the Minister.

Small scale industries are required to obtain a Certificate of Registration in order to establish an industry. Failure to comply is an offence (s. 6). Large and medium-sized industries are required to acquire a license, from the Industrial Licensing Board (established under s. 9A). Temporary Industrial Licenses are granted by the Licensing Board and the industry is monitored for three years, during which time the owners must submit progress reports each year, followed by an inspection by the Ministry for Industries at the third year. After approval by the Minister for Industries, a Full Industrial Registration License may be granted. According to officials of the Ministry for Industries, for those industries with potential pollution problems, NEMC is consulted to give assessment, advice and recommend measures to be taken.

Regional Industrial Licensing Advisory Committees are also established for each region in order to advise the Industrial Licensing Board (10A). The Board may choose to grant or deny applications for licenses considering the following factors:

1. Capital, technical skill, and raw materials available to the applicant,
2. Siting or proposed siting of the industry in relation to the availability of power, fuel, labour, transport, raw materials, land and water,
3. Potential production of and potential demand for the product, both within Tanzania and outside, insofar as,
4. Interests and conditions of service of the labour employed or to be employed by the applicant,
5. Interests of the potential consumers of the prescribed article for the manufacture of which the industry is proposed to be established,
6. General promotion and development of industries in Tanzania and the avoidance of uneconomic competition, and,
7. Fair distribution of industries on a regional basis having regard to the factors specified in paragraph b. (s. 14).

The Board has power to impose conditions on a licensee (s. 15) and may revoke licenses if a licensee has failed to comply with a condition attached or failed or ceased to operate the industry in respect of which the license was granted to him (§20). Part VII addresses miscellaneous issues: Offenses under this Act subject the violator to a penalty of 50,000 Tsh., unless otherwise specified (§25). The Minister may exempt any industry or category of industry from the requirements of the Act (§27). Finally, the Minister may make regulations regarding:

1. Requiring owners to keep records of number of workers employed, conditions of service, level of production, and other matters as he sees necessary;
2. Requiring owners of industries to make returns relating to such matters as he sees necessary;
3. Prescribing forms to be used and particulars under the Act;
4. Providing for grants of copies of licenses and certificates. The Minister may also prescribe conditions of licenses and fix penalties for other offenses where a penalty is not specifically provided for in the Act. (§28).

Under the National Industries Regulations (made pursuant to the Act above), 1967, GN 236, section 12(e) of Form I (the Application Form), any applicant for industrial license or registration certificate is required to give particulars of effluent disposal and water treatment facilities. Item 12(f) of the Application Form (Form I) relates to the rate of disposed effluent (units per year).