C. Legal Requirements

Local Government (District and Urban Authorities) Acts, Nos. 7 and 8, 1982

Local Governments are given general authority by these Acts to further and enhance health, to relieve poverty and distress and to control and improve trade, commerce, and industry. These provisions imply that Local Governments also have authority to control environmental pollution. In addition, District Councils are given explicit power to take the following actions to control pollution discharge: a) Provide for or facilitate the licensing or regulation of the activities of persons engaged in, or the premises used for, the manufacture, preparation ... of articles for use or consumption by man (§118(2)(n)) and to prohibit or control noxious or offensive trades (§118(2)(y)). Village Councils in turn have the power to "plan and coordinate the activities of and render assistance and advice to the residents of the Village engaged in . . industry of any kinds (§142(2)(c)).

District Councils also have the discretion to "take measures for the prevention and abatement of public nuisances" and to "safeguard and promote public health." (Act No. 7, Schedule 1, §37 and §42). Township authorities may "require the taking of measures for conservation of natural resources, safeguard and promote public health and take all necessary and reasonable practicable measures for maintaining the area of the authority in clean and sanitary condition and for preventing the occurrence of or for remedying or causing to be remedied any nuisance or condition likely to be injurious or dangerous to health. (§17). The following powers are also granted: Authorities may control the manufacture, storage, sale and use of petroleum, fireworks, gas, and other combustible or dangerous substances (§20); prohibit and control the development and use of land and buildings, and the erection of buildings in the interests of public health, public safety and the proper and orderly development of the area of the council (§24); prohibit and control the carrying on of offensive, unhealthy or dangerous trades (§27); prevent damage and trespass to property whether public or private (§47). Urban authorities have the duty to provide for the prevention and abatement of public nuisances or of nuisances which may be injurious to the public health or to the good order of the area of the authority (§55)(I)); to regulate any trade or business which may be noxious, injurious to the public health or a source of public danger or which otherwise it is in the public interest expedient to regulate, and to provide for the issue of licenses or permits to facilitate the regulation of any such trade or business and for the imposition of fees in respect of such licenses or permits (§55(m)).

Also, under §55(o), local authorities have power to undertake all other works, matters, services necessary for or conducive to the public safety, health or convenience, as it shall think fit, or which the Minister from time to time declares to be the functions of the urban authorities. Urban authorities also have the discretion to take measures for the prevention and abatement of nuisance (§37), to safeguard and promote the public health, including the prevention of and the dealing with any outbreak or the prevalence of any disease (§42).

As noted earlier, by-laws and subsidiary legislation have been enacted by a number of localities relevant to the issue of industry and environmental pollution. For example, the Moshi Town Council Environmental Sanitation by-laws (GN 329/88) and the Dar es Salaam City Council Disposal of Refuse By-Laws (GN 15/90) may be relevant. Rather than discuss each set of by-laws in detail, businesses are referred to the list of subsidiary legislation provided in Appendix C to the Handbook to see which apply in their area.