The Section Proposes...

To be sure, there have been other legislative developments which have tried to chart a different course as regards EIA requirements in Tanzanian law over the last few years. The Marine Parks and Reserves Act, 1994¹, for instance, requires EIA processes to be conducted for proposed activities in marine parks or reserves pursuant to legal requirements, policy, practice or general management plans or regulations (§13(3). The Act puts further restrictions on certain land allocations or uses without a proper EIA being undertaken. Under section 16(2)(a), for instance, "no authority shall allocate land and put to new use any area within a buffer zone unless an assessment of the environmental impact of the proposed activity is conducted pursuant to legal requirements, policy, practice or pursuant to any applicable general management plan or regulations made under this Act."

In addition, the Act requires a written notification of the proposed allocation of land or new use to be submitted to the Warden or Unit Manager at least thirty days before the preparation of the environmental impact assessment (§16(2)(b); and where it is apparent that the proposed activity has negative effect on fish, animals, water, aquatic flora, vegetation or aquatic substrate, the advice of the Board shall be sought (§16(3).

In addition to the requirements for EIA set forth above, there are other activities which are considerably restricted or outright prohibited presumably because of their potentially disastrous environmental ramifications. For instance, under section 24(1), all commercial activity is prohibited unless it is specifically permitted under the general management plan or regulations adopted for that marine park or reserve. Likewise restricted are uses of marine parks or reserves or buffer zones and adjacent areas thereof having impacts on the parks or reserves, as dumping grounds for depositing or discharging sewage, litter, rubbish, or other articles or substances. Furthermore, mining and installation of heavy industry within a marine park or reserve; or outside their boundaries in a manner which negatively affects them; depositing or discharging of oil, chemicals or other hazardous substances within parks or reserves, or buffer zones or adjacent areas having an impact on the parks or reserves are outright prohibited. Contravention of these restrictions or prohibitions attracts criminal sanctions (§24(2).

The Act, however, suffers from several weaknesses. Firstly, it would appear that the EIA provisions in the Act were not envisaged as a mechanism for public participation. The reason for this that the Act provides neither the procedure nor opportunity for stakeholders such as NGOs, local communities or their representatives to participate in the EIA processes. Secondly, apart from the notice requirements, the Act makes no provisions to compel the various levels of the management organs of marine parks or reserves to make relevant information available stakeholders such as villagers or NGOs and other interested parties in order to facilitate their informed participation in decision-making processes concerning the marine resources.

Thirdly, although the Act makes mandatory requirements for EIA in Marine Parks or reserves in accordance with "legal requirements, policy, practice…," etc., this provision would appear to be purely hortatory. The reason for this is that prior to the enactment of this law, there were no other legal requirements or administrative rules, regulations or guidelines for EIA in respect of coastal and marine areas and none have been promulgated ever since its enactment.

1. Act No. 29 of 1994.