ENVIRONMENTAL LAW HANDBOOK FOR BUSINESSES

bulletIntroduction
you are herePreface
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
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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PREFACE

In 1992, the United Nations Conference on Environment and Development took place in Rio de Janeiro, Brazil. Governments and Non-Governmental Organizations alike participated in the discussions at the Conference, as well as the ratification of several major treaties for protection of the global environment. In addition, the private sector's voice was heard at Rio. The following text is the declaration of a group of over 50 companies convened as the "Business Council for Sustainable Development" (BCSD). It is reproduced in full for its relevance to the business sectors in Tanzania.

  • Business will play a vital role in the future health of this planet. As business leaders, we are committed to sustainable development, to meeting the needs of the present without compromising the welfare of future generations.
  • This concept recognises that economic growth and environmental protection are inextricably linked, and that the quality of present and future life rests on meeting basic human needs without destroying the environment on which all life depends.
  • New forms of cooperation between government, business, and society are required to achieve this goal.
  • Economic growth in all parts of the world is essential to improve the livelihoods of the poor, to sustain growing populations, and eventually to stabilize population levels. New technologies will be needed to permit growth while using energy and other resources more efficiently and producing less pollution.
  • Open and competitive markets, both within and between nations, foster innovation and efficiency and provide opportunities for all to improve their living conditions. But such markets must give the right signals; the prices of goods and services must increasingly recognize and reflect the environmental costs of their production, use, recycling, and disposal. This is fundamental, and is best achieved by a synthesis of economic instruments designed to correct distortions and encourage innovation and continuous improvement, regulatory standards to direct performance, and voluntary initiatives by the private sector.
  • The policy mixes adopted by individual nations will be tailored to local circumstances. But new regulations and economic instruments must be harmonized among trading partners, while recognising that levels and conditions of development vary, resulting in different needs and abilities. Governments should phase in changes over a reasonable period of time to allow for realistic planning and investment cycles.
  • Capital markets will advance sustainable development only if they recognize, value, and encourage long-term investments and savings, and if they are based on appropriate information to guide those investments.
  • Trade policies and practices should be open, offering opportunities to all nations. Open trade leads to the most efficient use of resources and to the development of economies. International environmental concerns should be dealt with through international agreements, not by unilateral trade barriers.
  • The world is moving toward deregulation, private initiatives, and global markets. This requires corporations to assume more social, economic, and environmental responsibility in defining their roles. We must expand our concept of those who have a stake in our operations to include not only employees and shareholders but also suppliers, customers, neighbours, citizens' groups, and others. Appropriate communication with these stakeholders will help us to refine continually our visions, strategies, and actions.
  • Progress toward sustainable development makes good business sense because it can create competitive advantages and new opportunities. But it requires far-reaching shifts in corporate attitudes and new ways of doing business. To move from vision to reality demands strong leadership from the top, sustained commitment throughout the organization, and an ability to translate challenge into opportunities. Firms must draw up clear plans of action and monitor progress closely.
  • Sustainability demands that we pay attention to the entire life cycles of our products and to the specific and changing needs of our customers.
  • Corporations that achieve ever more efficiency while preventing pollution through good housekeeping, materials substitution, cleaner technologies, and cleaner products and that strive for more efficient use and recovery of resources can be called "eco-efficient."
  • Long-term business-to-business partnerships and direct investment provide excellent opportunities to transfer the technology needed for sustainable development from those who have it to those who require it. This new concept of "technology cooperation" relies principally on private initiatives, but it can be greatly enhanced by support from governments and institutions engaged in overseas development work.
  • Farming and forestry, the businesses that sustain the livelihoods of almost half of the world's population, are often influenced by market signals working against efficient resource use. Distorting farm subsidies should be removed to reflect the full costs of renewable resources. Farmers need access to clear property rights. Governments should improve the management of forests and water resources; this can often be achieved by providing the right market signals and regulations and by encouraging private ownership.
  • Many countries, both industrial and developing, could make much better use of the creative forces of local and international entrepreneurship by providing open and accessible markets, more streamlined regulatory systems with clear and equitably enforced rules, sound and transparent financial and legal systems, and efficient administration.
  • We cannot be absolutely sure of the extent of change needed in any area to meet the requirements of future generations. Human history is that of expanded supplies of renewable resources, substitution for limited ones, and ever greater efficiency in their use. We must move faster in these directions, assessing and adjusting as we learn more. This process will require substantial efforts in education and training, to increase awareness and encourage changes in life-styles toward more sustainable forms of consumption.
  • A clear vision of a sustainable future mobilizes human energies to make the necessary changes, breaking out of familiar and established patterns. As leaders from all parts of society join forces in translating the vision into action, inertia is overcome and cooperation replaces confrontation.
  • We members of the BCSD commit ourselves to promoting this new partnership in changing course toward our common future.

From: Changing Course: A Global Business Perspective on Development and the Environment, 1992. Stephen Schmidheiny, with the Business Council for Sustainable Development.