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
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
you are hereOther 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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Investment Promotion Act, 10/92

The purpose of this Act is to assist in liberalisation of private investment in Tanzania as the economy is restructured. An Investment Promotion Committee is created which grants Certificates of Approval for "investment in enterprises." Applications for Certificates of Approval are to be submitted to the relevant sectoral Ministries for comment, although this does not always happen in practice. IPC must consider specific objectives when determining whether to grant a Certificate of Approval, including: "The siting or proposed siting of an enterprise in relation to the availability of power, fuel, labour, transport, raw materials, land and water". The IPC Act's Schedules stipulate that certain areas of investment shall be priorities, and divide these by a) private sector, b) public sector, and c) local investors reserved.

Penal Code

Pursuant to the Penal Code, any industries which cause common nuisances or business which is noxious or offensive may be in violation of the law and owners or operators subject to prosecution by the Director of Public Prosecutions.

Land Ordinance, Cap. 113

This law governs land ownership or tenure and is analysed in Chapter 4.1, Agriculture and Livestock. Industry owners and operators should clarify the status of their land ownership, both for self-protection and for protection of the rights of others.

Dairy Industry Act, 32/65

The purpose of this Act is to create a national Dairy Board as the licensing body for sales of all milk products. The board's purpose is to control sales and pricing through a control body, as well as to regulate quality.

The Board may make regulations prescribing standards for businesses involved in the milk industry (§13). Standards may relate to manufacturing and processing methods, storage, samples, markings and gradings, minimum standards, etc., as well as treatment of waste and effluents. penalties for violations are up to 5,000 Tsh.. and/or 3 months imprisonment (§14). Note: The Act specifically excludes milk or milk products not intended for sale and produced for domestic consumption by producer, unless other wise specified by the Minister by regulation (§2). The Act contains a provision saving by-laws made under the Dairy Industry Ordinance (§17) unless specifically revoked under this Act.