Laws of Tanzania ActiveThe Environmental Management Act
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.441 CHAPTER 191 THE ENVIRONMENTAL MANAGEMENT ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Interpretation. part ii GENERAL PRINCIPLES 4. Right to clean, safe and healthy environment. 5. Right to bring action on environment. 6. Duty to protect environment. 7. Principles of environmental management. 8. Obligation to give effect to environmental principles. 9. Promotion of National Environmental Policy. 10. Environment Day. part iii ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT (a) National Environmental Advisory Committee 11. Establishment and composition of members of Committee. 12. Functions of National Environmental Advisory Committee. (b) Minister Responsible for Environment 13. Powers of Minister. (c) Director of Environment 14. Director of Environment. 15. Functions of Director of Environment. Responsible for Environment 13. Powers of Minister. (c) Director of Environment 14. Director of Environment. 15. Functions of Director of Environment. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 442 (d) National Environment Management Council 16. Council. 17. Object for establishment of Council. 18. Functions of Council. 19. Board of Council. 20. Conduct of business and affairs of Council. 21. Appointment of Director General. 22. Staff and employees of Council. 23. General powers of Council. 24. Powers of Council in respect of other agencies. 25. Powers of Council to ensure compliance. 26. Performance of functions of Council by other bodies. 27. Common seal of Council. 28. Indemnity of Board, member, etc., from personal liability. 29. Conflict of interest. (e) Sector Ministries 30. Establishment of sector environment section. 31. Functions of sector environment section. 32. Submission of sector ministries report. 33. Appointment or designation of Sector Environment Coordinator. (f) Regional Secretariat 34. Regional coordination on environmental management. 35. Appointment or designation of Regional Environment Management Expert. (g) Local Government Authorities 36. ordination on environmental management. 35. Appointment or designation of Regional Environment Management Expert. (g) Local Government Authorities 36. Functions of local government environmental management officers. 37. Standing Committees of local government authorities. 38. Standing Committees in townships, wards, villages and vitongoji. 39. Designation of township, ward, village, mtaa and kitongoji Environment Management Officer. 40. Functions of township, ward, village, mtaa and kitongoji Environment Management Officer. 41. General powers of city, municipal, district, township, ward, village, mtaa and kitongoji Environmental Management Committees. part iv ENVIRONMENTAL PLANNING 42. Local government authorities Environmental Action Plan. 43. Environmental plans at sector level. 44. Environmental planning at national level. ING 42. Local government authorities Environmental Action Plan. 43. Environmental plans at sector level. 44. Environmental planning at national level. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.443 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 45. Regulations on preparation, adoption and implementation of action plans. 46. Public participation in preparation of National Environmental Action Plan. part v ENVIRONMENTAL MANAGEMENT (a) Environmental Protected Areas 47. Declaration of Environmental Protected Areas. 48. Environmental protection plan and ecosystem management plan for environmental protected areas. (b) Environmental Management Plans for National Protected Areas 49. Environmental management plans for national protected areas. (c) Conservation and Protection 50. Land utilisation management. 51. Environmentally sensitive areas. 52. Identification of environmentally sensitive areas. 53. Environmental conditions to village lands. 54. Declaration of protected river, riverbank, lake or lakeshore and shorelines. 55. Protection and management of river, riverbank, lake or lakeshore and shorelines. 56. Declaration of protected wetlands. 57. Prohibition of human activities in certain areas. 58. f river, riverbank, lake or lakeshore and shorelines. 56. Declaration of protected wetlands. 57. Prohibition of human activities in certain areas. 58. Protection of mountains, hills and landscapes. 59. Promotion of coastal zone environmental management. 60. Environmental obligations under water laws. 61. Minister advise on discharge of sewerage. 62. Consultation on discharge. 63. Management of forest resources. 64. Promotion of conservation of energy. 65. Promotion of conservation of fisheries and wildlife resources, etc.. 66. Conservation of biological diversity. 67. Conservation of biological diversity in-situ. 68. Conservation of biological diversity ex-situ. 69. Regulation for development, handling, and use of Genetically Modified Organisms and their products. 70. Management of rangelands. 71. Environmental land use planning directives. 72. Obligation to use land sustainably. 73. Protection of natural and cultural heritage. 74. Protection of atmosphere. 75. Measure on climate change. 72. Obligation to use land sustainably. 73. Protection of natural and cultural heritage. 74. Protection of atmosphere. 75. Measure on climate change. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 444 76. Management of working environment and dangerous materials and processes. 77. Powers of Minister to make regulation on persistent organic pollutants. 78. Prior informed consent procedures for certain hazardous chemicals and pesticides. 79. Promotion of cleaner production and sustainable consumption of goods and services. (d) Economic Instruments 80. Economic incentives and instruments for protection of environment. part vi ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER ASSESSMENTS 81. Obligation to undertake Environmental Impact Assessment. 82. Environmental Impact Assessment regulations and guidelines. 83. Environmental Impact Assessment to be conducted by experts. 84. Issuance of certificate not defence in legal proceedings. 85. Determination of scope of Environmental Impact Statement. 86. Environmental Impact Statement. 87. Review of Environmental Impact Statement. 88. Inspection visit for purpose of Environmental Impact Statement review. 89. nmental Impact Statement. 87. Review of Environmental Impact Statement. 88. Inspection visit for purpose of Environmental Impact Statement review. 89. Public participation in Environmental Impact Assessment. 90. Public hearing and information disclosure. 91. Recommendations on Environmental Impact Statement by Council. 92. Approval or disapproval of Environmental Impact Statement by Minister. 93. Cancellation of licence upon disapproval of Environmental Impact Assessment. 94. Delegation of powers to approve Environmental Impact Assessment. 95. Appeal against decision of Minister on Environmental Impact Assessment. 96. Maintenance of records of decisions on Environmental Impact Assessment. 97. Requirement of fresh Environmental Impact Assessment study. 98. Offence for contravening Environmental Impact Assessment. 99. Environmental monitoring. 100. Monitoring compliance with Environmental Impact Statement. 101. Environmental audit. 102. Undertaking of safe decommissioning and site rehabilitation. 103. Other assessments. part vii STRATEGIC ENVIRONMENTAL ASSESSMENT 104. Strategic environmental assessment of bills, regulations, policies, strategies, programmes and plans. part vii STRATEGIC ENVIRONMENTAL ASSESSMENT 104. Strategic environmental assessment of bills, regulations, policies, strategies, programmes and plans. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.445 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 105. Strategic environmental assessment for mineral, petroleum, hydro-electric power and major water project plans. part viii POLLUTION PREVENTION AND CONTROL 106. General prohibition of pollution. 107. Powers of Minister to make regulations to prevent and control pollution. 108. Integrated pollution prevention and control. 109. Prohibition of water pollution. 110. Prohibition to discharge hazardous substances, chemicals materials, oil, etc. 111. Duty to keep abreast with technological changes. 112. Duty to disclose information to prevent pollution. 113. Prohibition notices on prescribed process or activity. part ix WASTE MANAGEMENT (a) Management of Solid Waste 114. Duty of local government to manage and minimise solid waste. 115. Disposal of solid waste from markets, business areas and institutions. 116. Storage of solid waste from industries. 117. Solid waste collection in urban and rural areas. 118. Waste transfer stations. 119. Final disposal of solid waste. (b) Management of Litter 120. 117. Solid waste collection in urban and rural areas. 118. Waste transfer stations. 119. Final disposal of solid waste. (b) Management of Litter 120. Interpretation with regard to management of litter. 121. Control of litter in public places. 122. Occupiers of private land to clear litter. (c) Management of Liquid Waste 123. On site disposal of liquid waste. 124. Transportation and disposal of liquid waste. 125. Treatment of liquid waste. 126. Liquid waste disposal. 127. Control and monitoring of sewerage system. 128. Industrial liquid waste. 129. Storm water management. (d) Management of Gaseous Waste 130. Gaseous wastes from dwelling houses. 131. Control of industrial gaseous waste. 132. Gaseous and particulate wastes from vehicles. f Gaseous Waste 130. Gaseous wastes from dwelling houses. 131. Control of industrial gaseous waste. 132. Gaseous and particulate wastes from vehicles. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 446 (e) Management of Hazardous Waste 133. Importation of hazardous waste. 134. Duty of local government authority in relation to hazardous waste. 135. Movement of hazardous waste. 136. Environmental Impact Assessment for hazardous waste. 137. Final disposal of health care wastes. 138. Disposal of other wastes. 139. General power of local government authorities to minimise waste. part x ENVIRONMENTAL QUALITY STANDARDS 140. Formulation and approval of environmental quality standards. 141. Compliance with standards, etc.. 142. Enforcement of environmental quality standards. 143. Water quality standards. 144. Standards for discharge of effluent into water. 145. Air quality standards. 146. Standards for control of noxious smells. 147. Standards for control of noise and vibration pollution. 148. Standards for sub-sonic vibrations. 149. Standards for minimisation of radiation. 150. Soil quality standards. part xi ENVIRONMENTAL RESTORATION, EASEMENTS AND CONSERVATION ORDERS (a) Restoration Orders 151. nimisation of radiation. 150. Soil quality standards. part xi ENVIRONMENTAL RESTORATION, EASEMENTS AND CONSERVATION ORDERS (a) Restoration Orders 151. Environmental restoration order. 152. Contents of environmental restoration order. 153. Service of environmental restoration order. 154. Advice before issuing environmental restoration order. 155. Duration of environmental restoration order. (b) Easements Orders 156. Environmental easements and conservation orders. 157. Application for environmental easements. 158. Enforcement of environmental easements. 159. Registration of environmental easements. 160. Compensation for environmental easements. l easements. 158. Enforcement of environmental easements. 159. Registration of environmental easements. 160. Compensation for environmental easements. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.447 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) Conservation Orders 161. Imposition of environmental conservation order. part xii ANALYSIS AND RECORDS 162. Designation of laboratories for analysis and taking of samples. 163. Designation of analysts and reference analysts. 164. Certificate of analysis and its effect. 165. Record keeping of matters impacting on environment. 166. Annual submission of records. 167. Disclosure of analytical results. 168. Environmental responsibilities of Government Chemist. 169. Prescribing mode of cooperation on chemical pollutants. 170. Requirement to keep Council informed. 171. Environmental records on mining activities. part xiii ENVIRONMENTAL INFORMATION, EDUCATION AND RESEARCH 172. Freedom of access to environmental information. 173. Powers of Council to collect, analyse and disseminate environmental information. 174. Central Environmental Information System. 175. State of Environment Report. 176. Environmental education and awareness. 177. Environmental research. . Central Environmental Information System. 175. State of Environment Report. 176. Environmental education and awareness. 177. Environmental research. part xiv PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING 178. Public participation in environmental decision making. part xv INTERNATIONAL AGREEMENTS 179. International Agreements on Environment. 180. Transboundary environmental management programmes. 181. Establishment of national offices and focal points. part xvi COMPLIANCE AND ENFORCEMENT 182. Appointment and designation of environmental inspectors. 183. Powers of environmental inspectors. 184. Offences relating to Environmental Impact Assessment. tment and designation of environmental inspectors. 183. Powers of environmental inspectors. 184. Offences relating to Environmental Impact Assessment. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 448 185. Offences relating to records. 186. Offences relating to environmental standards. 187. Offences relating to pollution. 188. Offences relating to biological diversity. 189. Offences relating to environmental restoration, easements and conservation orders. 190. Offences relating to litter. 191. General penalty. 192. Civil liability. 193. Forfeiture, cancellation, community service and other orders. 194. Compounding of offences. 195. Prevention order to protect environment. 196. Protection order against activities adverse on environment. 197. Emergency protection order. 198. Environmental compliance order. 199. Cost order. 200. Offences in relation to environmental inspectors. 201. Liability of managers of bodies corporate. 202. Right of individual and legal persons to sue. 203. Defence. part xvii ENVIRONMENTAL APPEALS TRIBUNAL 204. Establishment and composition of Tribunal. 205. Sources of funds for Tribunal. 206. Jurisdiction of Tribunal. 207. Proceedings of Tribunal. 208. Awards of Tribunal. and composition of Tribunal. 205. Sources of funds for Tribunal. 206. Jurisdiction of Tribunal. 207. Proceedings of Tribunal. 208. Awards of Tribunal. 209. Appeals to High Court. 210. Immunity of members of Tribunal. 211. Remuneration of members of Tribunal. 212. Appointment of Registrar. part xviii NATIONAL ENVIRONMENTAL TRUST FUND 213. Establishment of National Environmental Trust Fund. 214. Objectives of Fund. 215. Composition and administration of Fund. 216. Annual accounts and audit of fund. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.449 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] part xix FINANCIAL PROVISIONS 217. Sources of funds of Council. 218. Bank account and appropriation of funds. 219. Power to raise and guarantee loans. 220. Investments by Council. 221. Annual and supplementary budget. 222. Accounts and audit. 223. Annual report. part xx GENERAL AND TRANSITIONAL PROVISIONS 224. Act to bind Government. 225. Saving over recourse to civil litigation. 226. Range of remedies to injured. 227. Environmental performance bond. 228. Right to compensation. 229. Environmental emergency preparedness. 230. Regulations. 231. Inconsistency with other legislation. 232. Act to be translated into Kiswahili. SCHEDULES Environmental emergency preparedness. 230. Regulations. 231. Inconsistency with other legislation. 232. Act to be translated into Kiswahili. SCHEDULES ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.450 4 of 2021 5 of 2021 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Environmental Management Act. 2.–(1) [Omitted]. (2) This Act shall apply to Mainland Tanzania. 3. In this Act, unless the context requires otherwise- “Act” means the Environmental Management Act; “analysis” means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, Short title Application Interpretation Cap. ce or process for the purpose of determining its composition or qualities or its effect (whether physical, Short title Application Interpretation Cap. 191 CHAPTER 191 THE ENVIRONMENTAL MANAGEMENT ACT An Act to provide for legal and institutional framework for sustainable management of environment; to outline principles for management, impact and risk assessments, prevention and control of pollution, waste management, environmental quality standards, public participation, compliance and enforcement; to provide basis for implementation of international instruments on environment; to provide for implementation of the National Environment Policy; to repeal the National Environment Management Act, 1983 and provide for continued existence of the National Environment Management Council; to provide for establishment of the National Environmental Trust Fund and to provide for other related matters. [1st July 2005] [GN. No. 170 of 2005] Acts Nos. 20 of 2004 13 of 2016 the National Environmental Trust Fund and to provide for other related matters. [1st July 2005] [GN. No. 170 of 2005] Acts Nos. 20 of 2004 13 of 2016 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.451 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.451 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] chemical or biological) on any segment of the environment or examination of emissions or recording of noise or sub-sonic vibrations to determine the level or other characteristics of the noise or sub-sonic vibration or its effect on any segments of the environment; “analyst” means an analyst appointed or designated under section 163; “beneficial use” means a use of the environment or any element or segment of the environment that is conducive to public health, welfare or safety and which requires protection from the effects of wastes, discharges, emissions and deposits; “biological diversity” means the variability among living organisms from sources including, terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, among species and of ecosystems; “biological resources” include genetic resources, organisms or parts thereof, populations, or any other biotic component or ecosystems with actual or potential use or value for humanity; “Board” means the Board of Directors of the National Environment Management Council referred to under section 19(1); “biosafety” means avoidance of risk to the protection of the environment and to human health, as a result of the use for research and commerce of genetically modified organisms; “burdened land” means any land upon which an environmental easement has been imposed; “chemical” means a chemical substance in any form whether by itself or in a mixture or preparations, whether manufactured or derived from nature and for the purpose of this Act includes industrial chemicals, pesticides, fertilizers and drugs; “Council” means the National Environment Management Council referred to under section 16; des industrial chemicals, pesticides, fertilizers and drugs; “Council” means the National Environment Management Council referred to under section 16; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. . All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 452 “decision-making processes” means institutionalised processes or procedures initiated by public or private institutions with the intention of making decisions with potential to have socio-economic and environmental consequences; “developer” means a person who is developing a project which is subject to an Environmental Impact Assessment process under this Act; “Director of Environment” means a Director of Environment appointed pursuant to section 14; “Director General” means the Director General of the National Environment Management Council; “economic instrument” as used in this Act means an instrument for environmental and natural resources management designed to influence behaviour of economic agents in order to ensure sustainable use and protection of biophysical resources and includes, fiscal instruments, charge systems, property rights, market creation, performance bonds and deposit refund systems, liability systems, provision of information and financial instruments; “ecosystem” means a dynamic complex of plant, animal, micro-organism communities and their non-living environment interacting as a functional unit; “effluent” means gaseous waste, water liquid or other fluid of domestic, agricultural, trade or industrial origin treated or untreated and discharged directly or indirectly into the environment; “element” in relation to the environment means any of the principal constituent parts of the environment including water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish and wildlife; “environment” includes the physical factors of the surroundings of human beings including air, land, water, climate, sound, light, odour, taste, micro-organism, the biological factors of animals and plants, cultural resources and the social economic factor of aesthetics and includes both the natural and the built environment and the way they interact; ts, cultural resources and the social economic factor of aesthetics and includes both the natural and the built environment and the way they interact; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.453 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.453 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “environmental audit” means the systematic, documented, periodic and objective evaluation of how well environmental organisation, management and equipment are performing in conserving or preserving the environment; “environmental easement” means an easement created in pursuance of section 156; “environmental education” includes the process of recognising values and clarifying concepts in order to develop skills and attitudes necessary to understand and appreciate the inter-relationship among human beings, their culture and biophysical surroundings; “Environmental Impact Assessment” means a systematic examination conducted to determine whether or not a programme, activity or project will have any adverse impacts on the environment; “Environmental Inspector” means an inspector appointed under or designated pursuant to section 182; “environmental management” includes the protection, conservation and sustainable use of various elements or components of the environment; “environmental monitoring” means the continuous or periodic determination of actual and potential effects of any activity or phenomenon on the environment whether short-term or long-term; “environmental planning” means planning that takes into account environmental exigenices; “environmental resources” includes the resources of the air, land, flora, fauna and water together with their aesthetical qualities; “environmental restoration order” means an order issued under section 151; “environmentally friendly” includes any phenomenon or activity that does not cause harm or degradation to the environment; r issued under section 151; “environmentally friendly” includes any phenomenon or activity that does not cause harm or degradation to the environment; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. . All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 454 “environmental health” means and comprises of aspects of human health and disease that are determined by factors in the environment; “ex-situ conservation” means the conservation of components of biological diversity outside their natural habitats; “Fund” means the National Environmental Trust Fund established by section 213(1); “gaseous wastes” means gaseous emissions referred to under section 132(1) and includes other emissions which may be prescribed; “genetic material” means any material of plant, animal, microbial or other organism containing functional units of heredity; “Genetically Modified Organism (GMO)” means any biological entity capable of replication or transfer of genetic information, and includes, plant, animals, bacteria and other kinds of micro-organisms, cell cultures, viruses, plasmids and other kinds of vectors, created and propagated by means of cell or gene technology in which the genetic material has been altered in a way that does not occur naturally; “genetic resources” means genetic material of actual or potential value; “good environmental practice” means practice that is in accordance with the provisions of this Act or any other relevant law; “hazardous substance” means any chemical, waste, gas, medicine, drug, plant, animal or micro-organism which is likely to be injurious to human health, life or the environment; “hazardous waste” means any solid, liquid, gaseous or sludge waste which by reason of its chemical reactivity, environmental or human hazardousness, its infectiousness, toxicity, explosiveness and corrosiveness is harmful to human health, life or environment; “industrial waste” means waste emanating from processing industries or non-processing industries that is the source human health, life or environment; “industrial waste” means waste emanating from processing industries or non-processing industries that is the source ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.455 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.455 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] of energy, water, treatment plants or communication and includes any other solid wastes referred to under part IX; “in-situ conservation” means conservation of biological diversity within the natural ecosystem and habitat of the biological organism; “Minister” means the Minister responsible for matters relating to the environment; “noise” means any pollution caused by sound that is intrinsically objectionable or that may cause adverse effect in human health, life or the environment and includes sound that may be prescribed by the National Environmental Standards Committee; “ozone layer” means the layer of the atmospheric zone above the planetary boundary as defined in the Vienna Convention for the Protection of the Ozone Layer, 1985; “participation” means opportunity and ability to influence the outcome of a decision-making process; “Persistent Organic Pollutants (POPs)” has the meaning ascribed to them under the Industrial and Consumer Chemicals (Management and Control) Act; “polluter-pays principle” means a mechanism whereby the cost of cleaning up any element of the environment damaged by pollution, compensating victims of pollution, cost of beneficial uses lost as a result of an act of pollution and other costs that are connected with or incidental to the foregoing, is to be paid or borne by the person convicted of pollution under this Act or any other applicable law; “pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological, or radio-active properties of any part of the environment by discharging, emitting, or depositing of wastes so as to adversely affect any beneficial use, cause a condition which is hazardous to public health, safety or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any condition, limitation, or restriction which is the subject to a licence under this Act; Cap. uatic life, or to plants or to cause contravention of any condition, limitation, or restriction which is the subject to a licence under this Act; Cap. 182 182 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. . All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 456 measuages, buildings, lands, hereditaments in every tenure and machinery, plant or vehicle used in connection with any trade carried on at any premises; “prior information chemicals” means hazardous chemicals and pesticides that require control in international trade as provided by the Rotterdam Convention and includes any other chemicals or pesticides which have been designated as such under any other international agreement to which the United Republic is a party; “project” includes any project, programme or policy that leads to projects which may have an impact on the environment; “proponent” means a person proposing or executing a project, programme or an undertaking specified in the Third Schedule; “public” means individuals, civil society organisations and institutions, community based organisations, public and private institutions; “radiation” has the meaning ascribed to it under the Atomic Energy Act, and includes ionising radiation and any other radiation likely to have adverse effects on human health, life or the environment; “risk assessment” means the evaluation of the direct and indirect risks to human and animal health, the environment, biological diversity and to the socio-economic conditions and ethical values of the country or its populace which may be posed by the import, contained use, deliberate release or placing on the market of GMOs or its products; “segment” in relation to the environment, means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality, time or any combination thereof; “sewage” means a combination of excreta, urine, and sullage and liquid wastes from homesteads, institutional, commercial and industrial processes and operations; Cap. combination of excreta, urine, and sullage and liquid wastes from homesteads, institutional, commercial and industrial processes and operations; Cap. 188 188 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.457 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.457 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] “soil” includes earth, sand, rock, shales, mineral, vegetation, and the flora and fauna in the soil and derivatives thereof such as dust; “solid waste disposal” means the final stage in solid waste management system; “solid waste” means non-liquid materials arising from domestic, street, commercial, industrial and agricultural activities and includes refuse or garbage, non-liquid materials arising from construction and demolition activities, garden trimmings and mining operations, dead animals and abandoned car scraps; “solid waste management” means an essential service that is provided to protect the environment and public health, promote hygiene, recover materials, avoid waste, reduce waste quantities, decrease emission and residuals and prevent spread of diseases; “standard” means the limits of discharge or emissions established under this Act or under regulations made pursuant to this Act or any other written law; “sustainable development” means development that meets the needs of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems; “sustainable use” means present use of the environment or natural resources which does not compromise the ability to use the same by future generations or degrade the carrying capacity of supporting ecosystems; “trade” means any trade, business or undertaking whether originally carried on at fixed premises or at varying places which may result in the discharge of substances and energy and includes any activity prescribed to be a trade, business or undertaking for the purposes of this Act; “transfer stations” with respect to solid waste management, means areas of land set aside for collection of solid waste generated from various sources before their final disposal; ect to solid waste management, means areas of land set aside for collection of solid waste generated from various sources before their final disposal; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 458 “Tribunal” means the Environmental Appeals Tribunal established under section 204; “waste” means any matter whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in a volume, composition or manner likely to cause an alteration of the environment, and includes waste as may be prescribed under this Act; and “water” includes drinking water, river, stream, water-course, reservoir, well, dam, canal, channel, lake, swamp, open drain, or underground water. PART II GENERAL PRINCIPLES 4.–(1) A person living in Tanzania shall have a right to clean, safe and healthy environment. (2) The right to clean, safe and healthy environment shall include the right of access by any citizen to the various public elements or segments of the environment for recreational, educational, health, spiritual, cultural and economic purposes. itizen to the various public elements or segments of the environment for recreational, educational, health, spiritual, cultural and economic purposes. 5.–(1) A person may, where a right referred to in section 4 is threatened as a result of an act or omission which is likely to cause harm to human health or the environment, bring an action against the person whose act or omission is likely to cause harm to human health or the environment. (2) The action referred to in subsection (1) may seek to- (a) prevent, stop or discontinue any activity or omission, which is likely to cause harm to human health or the environment; (b) compel any public officer to take measures to prevent or discontinue any act or omission, which is likely to cause harm to human health or environment; (c) require that any on-going activity or omission be subjected to an environmental audit or monitoring; Right to clean, safe and healthy environment Right to bring action on environment ty or omission be subjected to an environmental audit or monitoring; Right to clean, safe and healthy environment Right to bring action on environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.459 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) require the person whose activity or omission is likely to cause harm to human health or the environment, to take measures to protect the environment or human health; (e) compel the persons responsible for the environmental degradation to restore the degraded environment as far as practicable to its condition immediately prior to the damage; and (f) provide compensation for any victim of harm or omission and the cost of beneficial uses lost as a result of an activity that has caused harm to human health or the environment. ny victim of harm or omission and the cost of beneficial uses lost as a result of an activity that has caused harm to human health or the environment. (3) The Tribunal, court and a person exercising jurisdiction under this Act in relation to any decision, order, exercise of any power or performance of any function, shall be guided by the following principles of environment and sustainable development- (a) the precautionary principle; (b) the polluter pays principle; (c) the principle of eco-system integrity; (d) the principle of public participation in the development policies, plans and processes for the management of the environment; (e) the principle of access to justice; (f) the principle of inter-generational equity and intra- generational equity; (g) the principle of international cooperation in management of environmental resources shared by two or more states; and (h) the principle of common but differentiated responsibilities. 6. A person living in Tanzania shall have a stake and a duty to safeguard and enhance the environment and to inform the relevant authority of any activity and phenomenon that may affect the environment significantly. Duty to protect environment ronment and to inform the relevant authority of any activity and phenomenon that may affect the environment significantly. Duty to protect environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 460 7.–(1) The objective of this Act is to provide for and promote the enhancement, protection, conservation and management of the environment. (2) In the promotion of the objective referred to under subsection (1), this Act provides a legal framework necessary for co-ordinating harmonious and conflicting activities with a view to integrating activities into an overall sustainable environmental management system by providing key technical support to sector ministries. a view to integrating activities into an overall sustainable environmental management system by providing key technical support to sector ministries. (3) In achieving the objective of this Act, a person exercising powers under this Act shall observe the principle that- (a) the environment is the common heritage of present and future generations; (b) adverse effects be prevented or minimised through long-term integrated planning and coordination, integration and cooperation of efforts, which consider the entire environment as a whole entity; (c) the precautionary principle, which requires that where there is risk of serious irreversible adverse effects occurring, a lack of scientific certainty should not prevent or impair the taking of precautionary measures to protect the environment; (d) the polluter pays principle, which requires that any person causing adverse effect on the environment shall be required to pay in full social and environmental costs of avoiding, mitigating, and remedying those adverse effects; (e) the public participation principle, which requires the involvement of the people in the development of policies, plans and processes for the management of the environment; (f) access to environmental information, which enables citizens to make informed personal choices and encourages improved performance by industry and the Government; Principles of environmental management citizens to make informed personal choices and encourages improved performance by industry and the Government; Principles of environmental management ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.461 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) access to justice, which gives individuals, the public and interest groups of persons the opportunity to protect their rights to participation and contest decisions that do not take their interest into account; (h) the generation of waste be minimised, wherever practicable, waste should, in order of priority be re- used, recycled, recovered and disposed of safely in a manner that avoids creating adverse effects or if this is not practicable, is least likely to cause adverse effects; (i) the environment and natural resources are vital to peoples livelihood, to be used sustainably in order to achieve poverty reduction, and social economic development; (j) non-renewable natural resources only be used prudently, taking into account the consequences for the present and the future generations; and (k) renewable natural resources and ecosystems only be used in a manner that is sustainable and does not prejudice their viability and integrity. and (k) renewable natural resources and ecosystems only be used in a manner that is sustainable and does not prejudice their viability and integrity. (4) With regard to observance of the principles stipulated under subsection (1), the Minister shall be overall responsible for fostering coordination between the Government, local government authorities and other bodies engaged in environmental management as a cross-cutting issue and shall in that respect maintain a system of collaboration, consultation and cooperation with any person having functions provided under this Act. 8. A person performing a public function who, in the course of performing that function, is required to take any action, make a decision, create, revise, or implement any policy, plan, strategy, legislation, guideline or procedure, that is likely to affect the management, conservation or enhancement of the environment or the sustainable management of natural and cultural resources shall have regard to principles of environmental management. Obligation to give effect to environmental principles t of natural and cultural resources shall have regard to principles of environmental management. Obligation to give effect to environmental principles ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 462 9. A person exercising powers under this Act or under any other written law having a bearing on the management of the environment shall strive to promote and have regard to the National Environmental Policy. 10.–(1) The Minister shall designate a special day to be known as Environment Day wherein events and activities shall be organised to highlight the objectives of the day, purposes of the Act and to encourage willingness to pursue activities related to environmental conservation, protection and management. (2) The Government, the Council and relevant institutions shall make efforts to carry out events which support the spirit and objective of the Environment Day. PART III ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT (a) National Environmental Advisory Committee 11.–(1) There is established the National Environmental Advisory Committee which shall be an advisory body to the Minister. nmental Advisory Committee 11.–(1) There is established the National Environmental Advisory Committee which shall be an advisory body to the Minister. (2) The National Environmental Advisory Committee shall be composed of members whose experience shall reflect the various fields of environmental management in the public, private sector and the civil society. (3) The National Environmental Advisory Committee shall consist of the members specified in the First Schedule. 12. The National Environmental Advisory Committee shall advise the Minister or any sector ministry on any matter which may be referred to it, and in particular, it shall- (a) examine any matter which may be referred to it by the Minister or any sector ministry relating to the protection and management of the environment and recommend to the Minister or the sector ministry, Promotion of National Environmental Policy Environment Day Establishment and composition of members of Committee Functions of National Environmental Advisory Committee onal Environmental Policy Environment Day Establishment and composition of members of Committee Functions of National Environmental Advisory Committee ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.463 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] as the case may be, such action as is necessary for achieving the objectives of this Act; (b) advise the Minister on any matter in connection with restocking and limitation of stock; (c) advise the Minister on matters relating to watering, grazing, depasturing and moving stock; (d) make recommendation to the Minister where there is degradation of the environment; (e) review and advise on any environmental standards, guidelines and regulations which are to be made pursuant to the provisions of this Act; (f) receive and deliberate reports from sector ministries on the protection and management of the environment under this Act and other written laws; and (g) perform other environmental advisory services to the Minister as are necessary. ment of the environment under this Act and other written laws; and (g) perform other environmental advisory services to the Minister as are necessary. (b) Minister Responsible for Environment 13.–(1) The Minister shall be overall responsible for matters relating to environment and in that respect, be responsible for articulation of policy guidelines necessary for the promotion, protection and sustainable management of environment in Tanzania. (2) The Minister may issue general guidelines to the Sector Ministries, Government Departments, the Council, National Environmental Advisory Committee, City, Municipal or District Environmental Management Committee, agency or any other public or private institution necessary for the purposes of implementation of or giving effect to the provisions of this Act. (3) The Minister may designate and shall, where appropriate, direct any of the institutions referred to under subsection (2) and within specified time, to perform any function or do any activity or desist from performing any function or doing any activity as a result of which the environment or part of it is or may be seriously endangered or detrimentally affected. Powers of Minister doing any activity as a result of which the environment or part of it is or may be seriously endangered or detrimentally affected. Powers of Minister ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 464 (4) Where the Minister has given a directive pursuant to subsection (3) to any of the bodies in respect to which the directive was issued shall comply or give effect to such directive. (c) Director of Environment 14. There shall be the Director of Environment and other officers as may be necessary for proper discharge of the functions of the office of the Director of Environment. 15. Director of Environment and other officers as may be necessary for proper discharge of the functions of the office of the Director of Environment. 15. On matters pertaining to the management of the environment, the Director of Environment shall- (a) coordinate various environment management activities being undertaken by other agencies and promote the integration of environment considerations into development policies, plans, programmes, strategies, projects and undertake strategic environmental assessment with a view to ensuring the proper management and rational utilisation of environmental resources on a sustainable basis for the improvement of the quality of human life in Tanzania; (b) advise the Government on legislative and other measures for the management of the environment or the implementation of the relevant international agreements in the field of environment; (c) advise the Government on international environmental agreements to which Tanzania should be a member or withdraw its membership; (d) monitor and assess activities, being carried out by relevant agencies in order to ensure that the environment is not degraded by the activities, environmental management objectives are adhered to and adequate early warning on impending environmental emergency is given; (e) prepare and issue a report on the state of the environment in Tanzania; Director of Environment Functions of Director of Environment ncy is given; (e) prepare and issue a report on the state of the environment in Tanzania; Director of Environment Functions of Director of Environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.465 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) coordinate issues relating to articulation and implementation of environmental management aspects of other sector policies; and (g) coordinate issues relating to articulation and implementation of the National Environmental Policy. (d) National Environment Management Council 16.–(1) There shall be a Council to be known as the National Environment Management Council, also to be known by acronym “NEMC”. (2) The Council shall- (a) be a body corporate with perpetual succession and common seal; (b) in its corporate name, be capable of suing and being sued; and (c) for and in connection with the purposes of this Act, be capable of holding, purchasing and otherwise acquiring and disposing of movable or immovable property. (3) Notwithstanding the provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by, or against the Council. ng the provisions of this section, the Attorney General shall have the right to intervene in any suit or matter instituted by, or against the Council. (4) Where the Attorney General intervenes in any matter pursuit to subsection (3), the provisions of the Government Proceedings Act shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government. (5) For the purposes of subsections (3) and (4), the Council shall have a duty to notify the Attorney General of any pending suit or intention to institute a suit or matter by, or against the Council. 17.–(1) The object and purpose for which the Council is established is to undertake enforcement, compliance, review and monitoring of Environmental Impact Assessment and in that regard, shall facilitate public participation in environmental decision making, exercise general supervision and coordination Council Act No. 13 of 2016 s. 9 Cap. 5 Object for establishment of Council nvironmental decision making, exercise general supervision and coordination Council Act No. 13 of 2016 s. 9 Cap. 5 Object for establishment of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 466 over matters relating to the environment assigned to the Council under this Act or any other written law. (2) The Council shall prepare and submit to the Minister a bi-annual report concerning how it has implemented the provisions of this Act and fulfilled the objects and the purpose for which it was established. 18.–(1) The Council may, for the purposes of carrying out its functions under this Act, do all such acts as may appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of those functions or to be incidental to their proper performance and may carry on any activities in that behalf either alone or in association with any other person or body of persons. al to their proper performance and may carry on any activities in that behalf either alone or in association with any other person or body of persons. (2) Without prejudice to subsection (1), the Council, in collaboration with relevant sector ministries shall- (a) carry on environmental audit in relation to section 101; (b) carry out surveys which assist in the proper management and conservation of the environment; (c) undertake and co-ordinate research, investigation and surveys in the field of environment and collect and disseminate information about the findings of such research, investigation or survey; (d) review and recommend for approval of environment impact statements; (e) identify projects and programmes or types of projects and programmes, for which environmental audit or environmental monitoring must be conducted under this Act; (f) enforce and ensure compliance of the national environmental quality standards; (g) initiate and evolve procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur; Functions of Council rds for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur; Functions of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.467 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (h) undertake, in cooperation with relevant sector ministries programmes intended to enhance environmental education and public awareness about the need for sound environmental management as well as for enlisting public support and encouraging the effort made by other entities in that regard; (i) publish and disseminate manuals, codes or guidelines relating to environmental management and prevention or abatement of environmental degradation; (j) render advice and technical support, where possible, to entities engaged in natural resources and environmental management so as to enable them to carry out their responsibilities; and (k) perform other functions as the Minister may assign to it or as are incidental or conducive to the exercise by it of any or all of the functions provided under this Act. (3) A person who is aggrieved by the decision of the Council under this section may appeal to the Minister. 19.–(1) There shall be a Board of Directors of the Council. is aggrieved by the decision of the Council under this section may appeal to the Minister. 19.–(1) There shall be a Board of Directors of the Council. (2) The Council shall be managed by the Board, which shall consist of- (a) the Chairman who shall be appointed by the President; (b) the Director of Environment; and (c) seven members appointed by the Minister at least two of whom being women. (3) The Director General shall be the Secretary to the Board. (4) A person shall not be appointed under subsection (2)(a) and (c) unless a person holds at least a degree of a recognised university in the fields of environmental law, environmental health science, natural resource management or a relevant social science or, in lieu thereof, a person have proven experience and knowledge in the field of environment management. (5) The members referred to under paragraphs (a) and (c) of subsection (2) shall be appointed at different times so that Board of Council management. (5) The members referred to under paragraphs (a) and (c) of subsection (2) shall be appointed at different times so that Board of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 468 the respective expiry dates of their terms of office shall fall vacant at different times. 20.–(1) The Board shall meet at least three times a year. (2) Procedure for the conduct of business by the Board and termination or cessation of membership to the Board shall be as provided for under the Second Schedule. 21.–(1) There shall be an office of the Director General. (2) The Director General shall be appointed by the President from among persons who hold a degree from a recognised university in the fields of environmental law, environmental health science, environmental engineering, natural resource management and has at least ten years working experience in the relevant field or any other relevant discipline. (3) The Director General shall be the chief executive officer of the Council and be responsible for the day to day management of the affairs of the Council. (4) The Director General shall hold office for a term of five years and may be eligible for reappointment for another term. he affairs of the Council. (4) The Director General shall hold office for a term of five years and may be eligible for reappointment for another term. (5) The Director General shall be responsible to the Board for the proper administration and management of the function and affairs of the Council and discharge other duties as may be assigned to him by the Board. (6) The Director General, staff and employees of the Council shall be paid salaries and allowances as may be determined by the Government. 22. The Council may appoint officers or other staff as are necessary for the proper discharge of its functions under this Act or any other written law and upon terms and conditions of services as the Board may determine. 23. The Council shall have powers necessary for the proper performance of its functions under this Act and in particular, but without prejudice to the generality of the foregoing, the Council shall have power to- Conduct of business and affairs of Council Appointment of Director General Staff and employees of Council General powers of Council all have power to- Conduct of business and affairs of Council Appointment of Director General Staff and employees of Council General powers of Council ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.469 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) control, supervise and administer the assets of the Council in a manner as may best promote the purpose for which the Council is established; (b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Council; (c) receive any grants, gifts, donations or endowments and make disbursements from grants, gifts, donations or endowments; (d) enter into association with other bodies or organisation within or outside Tanzania as it may consider desirable or appropriate and in furtherance of the purpose for which the Council is established; (e) open a bank account or bank accounts for the funds of the Council; and (f) invest any funds of the Council which are not immediately required for its purposes in the manner provided for in section 220. of the Council; and (f) invest any funds of the Council which are not immediately required for its purposes in the manner provided for in section 220. 24.–(1) Subject to subsection (2), the Council, after giving reasonable notice of its intention so to do may, direct any agency to perform, within the time and in a manner as it shall specify, any of the duties imposed upon any agency by or under this Act or any other written law, in relation to enforcement and compliance and where the agency fails to comply with the direction, the Council may itself perform or cause to be performed the duties in question, and the expense incurred by it in so doing shall be a civil debt recoverable by the Council from that agency. (2) The Council shall seek and obtain written authorisation of the Minister before exercising power under this section. 25. The Council shall have and may exercise necessary powers required to bring about compliance with any directive issued by it and may, in that respect, take or cause to be taken such measures including bringing action in the court of law or the Tribunal. Powers of Council in respect of other agencies Powers of Council to ensure compliance s including bringing action in the court of law or the Tribunal. Powers of Council in respect of other agencies Powers of Council to ensure compliance ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 470 26. Subject to this Act, the Council may delegate to any sector ministry, environmental management body, employee or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act. 27.–(1) There shall be a common seal of the Council as may be determined by the Board. (2) The common seal of the Council shall not be affixed to any instrument except in the presence of the Chairman or the Secretary or some other officer of the Council and at least one member of the Board. 28. A matter or thing done by the Board, member of the Board, employee or agent of the Council shall not, render the Board, member, employee or agent personally liable to any action, claim or demand in any way, where done in good faith during execution of the functions, powers or duties of the Council. 29. lly liable to any action, claim or demand in any way, where done in good faith during execution of the functions, powers or duties of the Council. 29. For avoidance of conflict of interest, partiality and for the purpose of good practice, an employee or staff of the Council, or agent of the Council or any person having contractual agreement with the Council to conduct reviews of the Environmental Impact Assessment shall not carry out environmental impact studies consequent upon compliance with the requirement of any provision of this Act. (e) Sector Ministries 30. There shall be established in each ministry a sector environment section, which shall have functions and duties as assigned to them under this Act including- (a) responsibility to ensure compliance by the sector ministry with the requirements of this Act; (b) responsibility to ensure all environmental matters contained in other written law falling under sector ministry are implemented and report of their implementation is submitted to the Director of Environment; and Performance of functions of Council by other bodies Common seal of Council Indemnity of Board, member, etc., from personal liability Conflict of interest Establishment of sector environment section dies Common seal of Council Indemnity of Board, member, etc., from personal liability Conflict of interest Establishment of sector environment section ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.471 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) liason with the Director of Environment and the Council on matters involving environment and all matters with respect to which cooperation or shared responsibility is desirable or required under this Act. l on matters involving environment and all matters with respect to which cooperation or shared responsibility is desirable or required under this Act. 31.–(1) A sector environment section shall be required to- (a) advise on and, in collaboration with other bodies, implement the policies of the Government on the protection and management of the environment; (b) coordinate the activities related to the environment within the ministry; (c) ensure that, environmental concerns are integrated into the ministry or departmental development planning and project implementation in a way which protects the environment; (d) collaborate with other institutions or agencies, evaluate existing and proposed policies and legislation and recommend measures to ensure that those policies and legislation take adequate account of effects on the environment; (e) prepare and coordinate the implementation of environmental action plans at the national and local levels as required under this Act; (f) promote public awareness of environmental issues through educational programmes and the dissemination of information; (g) refer to the Council any matter related to the enforcement for the purposes of this Act; (h) undertake analysis of environmental impact of sectoral legislation, regulations, policies, plans, strategies and programs through strategic environmental assessment; (i) ensure that, sectoral standards are environmentally sound; (j) oversee the preparation and implementation of Environmental Impact Assessments required for investments in the sector; Functions of sector environment section the preparation and implementation of Environmental Impact Assessments required for investments in the sector; Functions of sector environment section ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 472 (k) ensure compliance with various regulations, guidelines and procedures issued by the minister; (l) in conjunction with the ministry responsible for local government, provide environmental advice and technical support to district level staff working in the sector; and (m) carry out other functions as are necessary to comply with the purposes of this Act. (2) A sector ministry shall carry out its functions and duties in connection with the environment as prescribed in any other law provided that, the law does not conflict with the provisions of this Act. and duties in connection with the environment as prescribed in any other law provided that, the law does not conflict with the provisions of this Act. 32.–(1) A sector ministry charged with the management of any segment of the environment under any other law shall, through the Sector Environmental Coordinator, submit to the Director of Environment- (a) bi-annual report concerning the state of that segment of the environment and the measures taken by that sector ministry to maintain or improve the environment; (b) a review of environmental law falling under the ministry and the extent of their implementation; and (c) through its environment section, other report as may be required by the Director of Environment. (2) Where a sector ministry suspects or detects any contravention of an environmental law beyond its line of responsibility it shall immediately, through its environmental section, inform the Director General and the relevant sector ministry. 33.–(1) There shall be appointed or designated by each sector ministry a person to be known as Sector Environment Coordinator. (2) Sector Environment Coordinator shall be charged with the following functions- Submission of sector ministries report Appointment or designation of Sector Environment Coordinator tor shall be charged with the following functions- Submission of sector ministries report Appointment or designation of Sector Environment Coordinator ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.473 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) coordinating activities and performance of the functions relating to the environment; (b) prevention and control of any activity likely to cause or bring about environmental degradation; (c) report on the implementation and enforcement of environmental provisions of laws falling under the jurisdiction of the sector; and (d) provide a link between the sector ministry in which he is employed with the Director of Environment and the Council. (3) The Sector Environment Coordinator shall be appointed or designated from among officers within each of the sector ministry and be a person who possesses adequate knowledge in environmental management. (f) Regional Secretariat 34. The Regional Secretariat shall be responsible for coordination of advice on environmental management in their respective regions and liaison with the Director of Environment and the Director General on the implementation and enforcement of this Act. t in their respective regions and liaison with the Director of Environment and the Director General on the implementation and enforcement of this Act. 35.–(1) There shall be appointed or designated by the Minister responsible for regional administration, a person to be known as the Regional Environment Management Expert who shall be charged with the responsibility of advising the local authorities on matters relating to the implementation and enforcement of this Act. (2) The Regional Environment Management Expert shall be a link person between the region in which he is employed with the Director of Environment and the Director General. (g) Local Government Authorities 36.–(1) There shall be designated or appointed by each City, Municipal, District and Town Council an Environment Management Officer who shall be a public officer and shall in the case of- Regional coordination on environmental management Appointment or designation of Regional Environment Management Expert Functions of local government environmental management officers mental management Appointment or designation of Regional Environment Management Expert Functions of local government environmental management officers ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 474 (a) geographical jurisdiction of a City, the Environment Management Officer shall be known as the City Environment Management Officer; (b) geographical jurisdiction of a Municipality, the Environmental Management officer shall be known as the Municipal Environment Management Officer; (c) geographical jurisdiction of a District, the Management Officer shall be known as the District Environment Management Officer; and (d) geographical jurisdiction of a town, the Management Officer shall be known as the Town Environment Management Officer. (2) A person designated or appointed by the City, Municipal, District or Town Environment Management Officer shall be a holder of a degree or diploma of a recognised institution of higher learning and has competence in environmental management. gement Officer shall be a holder of a degree or diploma of a recognised institution of higher learning and has competence in environmental management. (3) The Environment Management Officer shall- (a) ensure the enforcement of this Act in the respective area to which he belongs; (b) advise the environment management committee to which he belongs on matters relating to environment; (c) promote environmental awareness in the area he belongs on the protection of the environment and the conservation of natural resources; (d) gather and manage information on the environment and utilisation of natural resources in the area; (e) prepare periodic reports on state of the local environment; (f) monitor the preparation, review and approval of Environmental Impact Assessments for local investments; (g) review by-laws on environmental management and on sector specific activities related to the environment; (h) report to the Director of Environment and the Director General on the implementation of the Act; and (i) perform other functions as the local government authority may assign. f Environment and the Director General on the implementation of the Act; and (i) perform other functions as the local government authority may assign. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.475 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 37.–(1) The Standing Committee on Urban Planning and Environment established under the Local Government (Urban Authorities) Act, as well as the Standing Committee on Economic Affairs Works and Environment established under the Local Government (District Authorities) Act, shall each be the City, Municipal or District Environment Management Committee in respect of the City, Municipal or District to which the Standing Committee is established. (2) The City, Municipal and District Environmental Management Committee shall perform functions as are provided for under subsection (1) and (2) of section 57 of the Local Government (Urban Authorities) Act and as the case may be, provide under subsection (1) and (2) of section 120 of the Local Government (District Authorities) Act, as well as regulations made under each of such laws. e under subsection (1) and (2) of section 120 of the Local Government (District Authorities) Act, as well as regulations made under each of such laws. (3) Without prejudice to subsection (2), the City, Municipal and District Environmental Management Committee shall also- (a) perform additional functions as are prescribed by this Act or as may, from time to time, be assigned to any one of such city, municipal or district by the Minister by notice published in the Gazette; and (b) carry out directives given to them by the Minister in relation to the promotion and enhancement of sustainable management of the environment. 38.–(1) A Standing Committee of Economic Affairs, Works and Environment of- (a) a township; (b) a special committee; and (c) the Ward Development Committee, of the Local Government (District Authorities) Act shall, in relation to an area to which it is established- (i) be responsible for the proper management of the environment in respect of the area in which they are established; Standing Committees of local government authorities Cap. 288 Cap. 287 Cap. 288 Cap. 287 Standing Committees in townships, wards, villages and vitongoji Cap. 287 ommittees of local government authorities Cap. 288 Cap. 287 Cap. 288 Cap. 287 Standing Committees in townships, wards, villages and vitongoji Cap. 287 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 476 (ii) perform additional functions as are prescribed by this Act or as may be assigned to each or any one of them by the Minister or the Council; (iii) carryout directives given to them by the Minister in relation to the promotion and enhancement of sustainable management of the environment; and (iv) perform any other function or discharging any other duty relating to ancillary or incidental to proper management of the environment as are provided for under the Local Government (District Authorities) Act. (2) The Village Development Committee of each village shall be responsible for the proper management of the environment in respect of the area in which it is established and may perform mutatis mutandis any other functions as are provided for under subparagraphs (i), (ii), (iii) and (iv) of subsection (1). 39. ablished and may perform mutatis mutandis any other functions as are provided for under subparagraphs (i), (ii), (iii) and (iv) of subsection (1). 39. The District Council shall designate for each administrative area of a township, ward, village, mtaa and kitongoji a public officer who in the case of geographical jurisdiction of - (a) a township be known as the Township Environment Management Officer; (b) a Kitongoji, be known as the Kitongoji Environment Management Officer; (c) a Ward, be known as the Ward Environment Management Officer; (d) a Mtaa, be known as the Mtaa Environment Management Officer; and (e) a Village, be known as the Village Environment Management Officer. 40. The functions of the township, ward, village, mtaa and kitongoji Environment Management Officer shall be to coordinate functions and activities geared towards the protection of environment within the area of the township, ward, mtaa, village and kitongoji or as the case may be, within the district to which he is designated. Cap. 287 Designation of township, ward, village, mtaa and kitongoji Environment Management Officer Functions of township, ward, village, mtaa and kitongoji Environment Management Officer rd, village, mtaa and kitongoji Environment Management Officer Functions of township, ward, village, mtaa and kitongoji Environment Management Officer ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.477 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 41. eserved. No part of this book may be reproduced or distributed without permission of OAG.477 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 41. An Environmental Management Committee shall, in relation to an area to which it is established, have powers to- (a) initiate inquiries and investigations about any allegation related to the environment and to the implementation or violation of the provisions of this Act; (b) require any person to provide information or explanation about any matter related to the environment; (c) resolve conflict among individual persons, companies, agencies, on governmental organisations, Government departments or institutions about their respective functions, duties, mandates, obligations or activities under this Act; (d) inspect and examine any premises, street, vehicle, aircraft or any other place or article which it believes or have reasonable cause to believe that pollutant or other articles or substances believed to be pollutant is kept or transported; (e) require any person to remove at own cost any article or substance from any place which it believes such article or substance may be safely kept or destroyed without causing harm to health; and (f) initiate proceedings of civil or criminal nature against any person, company, agency, department or institution that fails or refuses to comply with any directive issued by any of such Committees. re against any person, company, agency, department or institution that fails or refuses to comply with any directive issued by any of such Committees. PART IV ENVIRONMENTAL PLANNING 42.–(1) A local government authority shall, prepare the Environmental Action Plan below the National Environmental Action Plan with respect to its geographical area of jurisdiction. (2) The Environmental Action Plan made by local authorities shall- (a) be in conformity with the National Environmental Action Plan; General powers of city, municipal, district, township, ward, village, mtaa and kitongoji Environmental Management Committees Local government authorities Environmental Action Plan Act No. 13 of 2016 s. 10 ward, village, mtaa and kitongoji Environmental Management Committees Local government authorities Environmental Action Plan Act No. 13 of 2016 s. 10 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 478 (b) identify environmental problems prevalent in the area and recommend measures to mitigate the problems; (c) be prepared in accordance with the provisions of Part XIV; and (d) contain matters as may be prescribed for under this Act. (3) The local government authorities shall submit to the Minister environmental action plans prepared in respect of their areas of jurisdiction. 43.–(1) The Minister shall make rules prescribing for the preparation of periodic environmental plans at sector level. (2) For the purposes of this section, “sector ministry” shall be construed to mean a government ministry or department or agency responsible for a given segment of the environment or any body whose activity may have impact on the environment. (3) At an interval of every five years, each sector ministry shall prepare and submit to the Minister, a Sector Environmental Action Plan. nvironment. (3) At an interval of every five years, each sector ministry shall prepare and submit to the Minister, a Sector Environmental Action Plan. (4) A Sector Environmental Action Plan shall- (a) be in conformity with the National Environmental Action Plan; (b) identify environmental problems prevalent in the area and recommend measures to mitigate the problems; (c) be prepared in accordance with provisions of Part XIV of this Act; and (d) contain matters as may be prescribed for under this Act. 44.–(1) The Director of Environment, in consultation with the Council, appropriate sector ministry or department, or agency of the Government responsible for a segment of the environment and whose nature of activity may have impact on environment, at interval of every five years, shall prepare and submit to the Minister a National Environmental Action Plan. (2) National Environmental Action Plan shall- (a) be the basis for integrating environmental concerns into formulation and implementation of plans and programmes; Environmental plans at sector level Environmental planning at national level tal concerns into formulation and implementation of plans and programmes; Environmental plans at sector level Environmental planning at national level ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.479 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.479 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) provide general guidance for the management and protection of the environment and natural resources; (c) identify key environmental problems facing each sector of the environment; (d) recommend methods for building national awareness on the importance of sustainable use of the environment and natural resources for national development; (e) take into account action plans prepared under the auspices of the local government authorities, sector ministries and any other levels designated by the Minister; (f) contain an analytical profile of the various uses and values of the natural resources incorporating considerations of intergenerational equity; (g) recommend appropriate legal and fiscal incentives that may be used to encourage the business community to incorporate environmental requirements into their planning and operational processes; (h) identify and appraise trends in the development of urban and rural settlement, their impacts on the environment and strategies for the amelioration of their negative impacts; (i) propose guidelines for the integration of standards of environmental protection into development planning and management; (j) prioritise areas of environmental research and outline methods of using the research findings; (k) identify and recommend policy and legislative approaches for preventing, controlling or mitigating specific as well as general adverse impacts on the environment; and (l) provide for any other matter which the Minister may direct. ling or mitigating specific as well as general adverse impacts on the environment; and (l) provide for any other matter which the Minister may direct. 45. The Minister may make regulations prescribing for the procedure and the manner in which Environment Action Plan may be prepared, adopted and implemented. Regulations on preparation, adoption and implementation of action plans ner in which Environment Action Plan may be prepared, adopted and implemented. Regulations on preparation, adoption and implementation of action plans ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 480 46. The Minister shall, in accordance with Part XIV, facilitate participation of the general public in the preparation and dissemination to the public the National Environmental Action Plan. PART V ENVIRONMENTAL MANAGEMENT (a) Environmental Protected Areas 47.–(1) The Minister, on recommendation of the National Environmental Advisory Committee may declare any area of land which is ecologically fragile or sensitive to be an Environmental Protected Area. (2) The powers conferred on the Minister under this section shall not extend to cover areas already declared or which may be declared as protected area under any other written law. e Minister under this section shall not extend to cover areas already declared or which may be declared as protected area under any other written law. (3) In determining whether or not to declare any area as an Environmental Protected Area, the Minister shall have regard to- (a) representations made by any person or non-governmental organisations with sufficient public or private interest in the area; (b) the natural features and beauty of the area; (c) flora and fauna of the area; (d) the unique or special geographical, physiographical, ecological or historic and cultural features of the area; (e) any special scientific feature, cultural feature or biological diversity existing in the area; (f) the interests of the local communities in or around the area; and (g) the need for the Government to comply with any international obligation under any agreement to which Tanzania is a member. (4) The management of the Environmental Protected Area shall be vested to the Council. (5) The Minister shall cause to be Gazetted and declare Environmental Protected Areas to be managed by the Council. Public participation in preparation of National Environmental Action Plan Declaration of Environmental Protected Areas s to be managed by the Council. Public participation in preparation of National Environmental Action Plan Declaration of Environmental Protected Areas ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.481 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 48.–(1) Where an area has been declared to be an Environmental Protected Area, the Council, in consultation with relevant sector shall, prepare an environmental protection plan for that area. (2) The environmental protection plan shall- (a) set out the objectives of protecting and managing the area; (b) set out policies for the protection and management of the area; (c) formulate strategies for protection and management of the area; (d) provide for the development of social amenities and recreational facilities where necessary; (e) facilitate the carrying out of scientific research; and (f) incorporate all necessary requirements for environment management plans. (3) Notwithstanding the provisions of subsections (1) and (2), the Council may prepare an ecosystem management plan for an Environmental Protected Area. ) Notwithstanding the provisions of subsections (1) and (2), the Council may prepare an ecosystem management plan for an Environmental Protected Area. (b) Environmental Management Plans for National Protected Areas 49.–(1) A national protected area shall be governed and managed in accordance with the respective written law under which it is protected. (2) Notwithstanding the provisions of subsection (1), a managing authority of a national protected area shall prepare and implement an environmental management plan which- (a) identifies areas of biological diversity; (b) identifies associated communities, other users and institutions to be involved; (c) describes extension and education work with communities and other users on the establishment of the protected areas; (d) indicates costs and benefits of the area’s protection in a manner considered equitable by the person’s identified under subsection (1) (b); Environmental protection plan and ecosystem management plan for environmental protected areas Environmental management plans for national protected areas ironmental protection plan and ecosystem management plan for environmental protected areas Environmental management plans for national protected areas ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 482 (e) describes the boundaries of the national protected area; (f) defines the management measures to be taken within the national protected area; (g) outlines the regulations applicable to the national protected area; (h) prescribes means to monitor the implementation of the plan; (i) describes any other matter relevant to environmentally sound management of the national protected area; (j) is approved by the relevant authority having mandate and is under the jurisdiction of that protected area; and (k) is published, where appropriate, in the Gazette by the Minister responsible for the national protected areas systems. (3) Management measures that may be taken pursuant to subsection (1) (f) may include- (a) zoning; (b) access restrictions; (c) use restrictions; (d) benefit sharing; (e) entrance fees and permits; and (f) any other measure deemed appropriate for proper and sound use of the area. (c) Conservation and Protection 50. (e) entrance fees and permits; and (f) any other measure deemed appropriate for proper and sound use of the area. (c) Conservation and Protection 50. The Management and utilisation of land shall be in accordance with the prevailing land laws provided that, where there is any conflict on environmental aspect of land management, the provisions of this Act shall prevail. 51.–(1) Where the Minister considers it necessary, he may, declare any area to be environmental sensitive under this Act, by order published in the Gazette. (2) Management of environmental sensitive area under this section shall be done in accordance with procedures prescribed by the Minister. Land utilisation management Environmentally sensitive areas under this section shall be done in accordance with procedures prescribed by the Minister. Land utilisation management Environmentally sensitive areas ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.483 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) A person who fails, neglects or refuses to comply with procedures prescribed to regulate environmentally sensitive areas commits an offence. 52. ] (3) A person who fails, neglects or refuses to comply with procedures prescribed to regulate environmentally sensitive areas commits an offence. 52. Without prejudice to section 51, the following land shall constitute environmentally sensitive areas for the purposes of this Act- (a) swamps; (b) any area declared as environmentally sensitive by any local government authority; (c) area designated by the Council as prone to soil erosion; (d) land designated by the Council as lands where landslides have occurred or are likely to occur; (e) areas that have been closed by the Minister to livestock keeping, occupation, cultivation and other specified activities; (f) area on slopes with a gradient exceeding any angle which the Minister, after taking account of proper scientific advice, shall specify; (g) arid and semi-arid lands; (h) land specified by the Council as land which should not be developed on account of its fragile nature or of its environmental significance; and (i) land declared under any other written law to be environmentally sensitive area or hazardous land. 53. re or of its environmental significance; and (i) land declared under any other written law to be environmentally sensitive area or hazardous land. 53. Apart from the terms and conditions prescribed by of the Village Land Act regarding village lands or on land sharing arrangement between pastoralists and agriculturalists as provided for in the Village Land Act, the Minister may prescribe any other additional environmental protection conditions to be complied with by the grantees of customary rights of occupancy. 54.–(1) Notwithstanding any other written law for the time being regulating rivers, riverbanks, lakes or lakeshores and shoreline, the Minister, in consultation with other relevant Ministries, by notice published in the Gazette may- Identification of environmentally sensitive areas Environmental conditions to village lands Cap. 114 Declaration of protected river, riverbank, lake or lakeshore and shorelines entally sensitive areas Environmental conditions to village lands Cap. 114 Declaration of protected river, riverbank, lake or lakeshore and shorelines ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 484 (a) declare a river, riverbank, lake, or lakeshore and shoreline a protected area for the purposes of this Act; and (b) impose any restrictions as he considers necessary for the protection of the river, riverbank, lake or lakeshore and shorelines from environmental degradation. (2) While exercising powers under subsection (1), the Minister shall have regard to- (a) the geographical size of the river, riverbank, lake or lakeshore and shoreline; (b) the interests of the communities resident around the river, riverbank, lake or lakeshore and shoreline concerned; and (c) any advise that may be given by sector ministries. 55.–(1) Without prejudice to the provisions of any other relevant written law, the Council and local government authorities responsible for environmental matters, shall issue guidelines and prescribe measures for the protection of riverbanks, rivers, lakes or lakeshores and shorelines. for environmental matters, shall issue guidelines and prescribe measures for the protection of riverbanks, rivers, lakes or lakeshores and shorelines. (2) Where guidelines and measures have been prescribed pursuant to subsection (1), it shall be an offence to carry out any of the following activity without prior authorisation or permit issued by the Minister- (a) use, erect, construct, place, alter, extend, remove or demolish a structure in or under the ocean or natural lake shorelines, riverbank or water reservoir; (b) excavate, drill, tunnel or disturb the shoreline of ocean or natural lake, river bank or water reservoir; (c) introduce or plant any part of a plant, plant specimen whether alien or indigenous, dead or alive in an ocean, river, riverbank, lake or lakeshore; (d) deposit a substance in a river, river bank, lake or, lakeshore, shoreline or wetland or in or under its bed, which is likely to have adverse environmental effects on river, river bank, lake or lakeshore, shoreline or wetland; (e) direct or block a river, river bank, lake or lakeshore, shoreline or wetland from its natural course; or Protection and management of river, riverbank, lake or lakeshore and shorelines k, lake or lakeshore, shoreline or wetland from its natural course; or Protection and management of river, riverbank, lake or lakeshore and shorelines ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.485 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) drain a river or lake. (3) A person contravening the provisions of this section commits an offence. (4) The Minister may delegate his powers under this section to the Director of Environment or an officer of the local government authority or an officer in the sector ministry. 56.–(1) The Minister, after consultation with the Minister responsible for land, shall declare any area of land to be a protected wetland. (2) For purposes of management of wetlands declared under subsection (1), sector ministries under whose jurisdiction any area of wetland falls, shall be responsible for the management of wetlands falling under their respective jurisdiction. (3) Sector environmental coordinators shall furnish to the Director of Environment information on the management and status of wetlands falling under their respective jurisdiction. (4) The conditions prescribed under section 55(2) shall apply mutatis mutandis to wetlands. s of wetlands falling under their respective jurisdiction. (4) The conditions prescribed under section 55(2) shall apply mutatis mutandis to wetlands. (5) The Minister in consultation with other sector ministries may make regulations and guidelines on the sustainable management of wetlands protected. 57.–(1) Subject to subsection (2), a human activities of a permanent nature or which may, by their nature, likely to compromise or adversely affect conservation and or the protection of ocean or natural lake shorelines, riverbank, water dam or reservoir, shall not be conducted within sixty metres: Provided that, where an agreement provides for special arrangement relating to the implementation of this provision and the said arrangement has been approved by the Cabinet, the application of the provision of this section shall not prejudice the implementation of such agreement. (2) For the purpose of subsection (1), the computation of sixty metres shall be reckoned- (a) in the case of ocean or a natural lake, from the highest water mark; and Declaration of protected wetlands Prohibition of human activities in certain areas Acts Nos. 13 of 2016 s. 11 4 of 2021 s. 6 e highest water mark; and Declaration of protected wetlands Prohibition of human activities in certain areas Acts Nos. 13 of 2016 s. 11 4 of 2021 s. 6 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 486 (b) in the case of rivers, water dams or reservoirs, from the banks. (3) In this section, “highest water mark” means the level reached by sea or lake water at high tide. (4) The Minister may make guidelines for the conduct of human activities within the areas referred to under subsection (1). 58.–(1) The Council in consultation with local government authorities, within five years of coming into operation of this Act shall, identify hilly or mountainous areas, which are at risk from environmental degradation. (2) A hilly or mountainous area shall be regarded to be at risk from environmental degradation where- (a) it is prone to soil erosion; (b) landslides have occurred or are likely to occur in that area; (c) vegetation cover has been removed or is likely to be removed from the area at a rate faster than it is being replaced; or (d) any other land use activity in that area is likely to lead to environmental degradation. m the area at a rate faster than it is being replaced; or (d) any other land use activity in that area is likely to lead to environmental degradation. (3) The Minister, by Order in the Gazette, shall issue a list of landscapes, mountains and hilly areas regarded to be at risk from environmental degradation. (4) A list of all areas referred to under subsection (3) shall be kept under the custody of Council and be treated as protected area and, in relation therewith, the Council shall prescribe strategies for their management. 59. The Minister, after consultation with the Minister responsible for local government authorities and any other relevant institutions, shall make regulations for the promotion of integrated coastal zone environmental management. 60.–(1) An applicant for water use permit issued under the relevant laws governing management of water resources, abstraction and use of water, shall be required to make a Protection of mountains, hills and landscapes Promotion of coastal zone environmental management Environmental obligations under water laws to make a Protection of mountains, hills and landscapes Promotion of coastal zone environmental management Environmental obligations under water laws ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.487 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] statement on the likely impact on the environment due to the use of water requested. (2) For the purposes of keeping records of matters impacting on the environment by reason of abstraction and use of water, the Basin Water Boards shall file yearly returns to the Sector Environmental Coordinator indicating extent of compliance by water use permit holders of the following conditions- (a) obligation to return water after its use to the body of water from which it was taken; (b) ensuring that, water that is returned to any specified source is not polluted; and (c) taking of the precautions to the satisfaction of the water officer to prevent accumulations in any river, stream or water course of silt, sand, gravel, stones, sawdust refuse, sewerage, sisal waste or any other substances likely to affect injuriously the use of such water by human and other components of environment. refuse, sewerage, sisal waste or any other substances likely to affect injuriously the use of such water by human and other components of environment. (3) Basin Water Boards in prioritising different uses of water shall ensure that, adequate water is made available for environmental purposes. 61. Without prejudice to the powers of the local government authorities on matters relating to the discharge of sewerage, the Minister may advise and where appropriate, issue any direction to a person, officer or authority on the discharge. 62. The Minister shall consult and advise the Minister responsible for water on the making of rules governing issuance of permits for the discharge of effluent. 63.–(1) Forests shall be managed in accordance with the provisions of the Forests Act and matters relating to environment shall conform with the provisions of this Act. (2) Where any matter concerning management of environment undertaken according to the provisions of the Forests Act, is in conflict with this Act, the provision of this Act shall prevail. Minister advise on discharge of sewerage Consultation on discharge Management of forest resources Cap. 323 Cap. 323 ovision of this Act shall prevail. Minister advise on discharge of sewerage Consultation on discharge Management of forest resources Cap. 323 Cap. 323 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 488 (3) The Minister, in relation to the making of rules on environmental management of forest resources, shall consult the Minister responsible for forestry. 64. The Minister, in consultation with Minister responsible for forestry or as the case may be, energy, shall promote the use of renewable sources of energy by- (a) promoting research in appropriate renewal sources of energy; (b) creating incentives for the promotion of renewable sources of energy; (c) promoting policies and measures for the conservation of non-renewable sources of energy; and (d) taking measures to encourage the planting of trees and woodlots by individual users, institutions and community groups. 65.–(1) Fisheries resources shall be managed in accordance with the provisions of the Fisheries Act and the Marine Parks and Reserves Act. (2) Wildlife resources shall be managed in accordance with the provisions of the legislation relating to wildlife matters. ine Parks and Reserves Act. (2) Wildlife resources shall be managed in accordance with the provisions of the legislation relating to wildlife matters. (3) Tourism activities shall be conducted and managed in accordance with the laws related to tourism. (4) Where any matter concerning the management of environment undertaken in accordance with the provision of the Fisheries Act, the Marine Parks and Reserves Act or any law governing conservation of wildlife and tourism laws is in conflict with this Act, this Act shall prevail. 66.–(1) The Minister shall strive to attain the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. (2) The powers of the Minister under this section shall in general include, regulating appropriate access to genetic resources and by appropriate transfer of relevant technologies, Promotion of conservation of energy Promotion of conservation of fisheries and wildlife resources, etc. Cap. 279 Cap. 146 Cap. 279 Cap. 146 Conservation of biological diversity of energy Promotion of conservation of fisheries and wildlife resources, etc. Cap. 279 Cap. 146 Cap. 279 Cap. 146 Conservation of biological diversity ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.489 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] taking into account rights over those resources, indigenous knowledge, technologies and appropriate funding. ENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] taking into account rights over those resources, indigenous knowledge, technologies and appropriate funding. (3) The Minister after consultation with relevant sector ministry and taking into account of any particular conditions and capabilities, may make regulations prescribing- (a) the development of national strategies, programmes or plans for the conservation and sustainable use of biological diversity; (b) adaptation of existing strategies, plans or programmes for the purposes of conservation of biological diversity; (c) integration as far as possible and as appropriate, of the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies; (d) identification of the components of biological diversity important for conservation and sustainable use, having regard to any international standards applicable to Tanzania; (e) monitoring through sampling and other techniques, the components of biological diversity, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use; (f) identifying the processes and categories of activities which have or are likely to have significant adverse impacts on the conservation, equitable sharing and sustainable use of biological diversity, and monitoring their effects through sampling and other techniques; and (g) maintenance and organisation by any mechanism or data derived from identification and monitoring activities pursuant to this section. hniques; and (g) maintenance and organisation by any mechanism or data derived from identification and monitoring activities pursuant to this section. 67.–(1) The Minister, in consultation with relevant sector ministry, may make regulations providing for in-situ conservation of biological diversity. (2) Regulations made under this section may prescribe: Conservation of biological diversity in-situ for in-situ conservation of biological diversity. (2) Regulations made under this section may prescribe: Conservation of biological diversity in-situ ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. . All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 490 (a) procedures for the establishment of systems of protected areas or areas where special measures need to be taken to conserve biological diversity; (b) guidelines for the selection, establishment and management of protected areas or areas where special measures need to be taken to conserve biological diversity; (c) how to regulate or manage biological resources important for the conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use; (d) the promotion of protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings; (e) the promotion of environmentally sound and sustainable development in areas adjacent to protected areas with a view to furthering protection of these areas; (f) rehabilitation and restoration of degraded ecosystems and promotion of the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies; (g) establishment or management of the risks associated with the use and release of living modified organisms resulting from biotechnology which are genetically modified and which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking into account the risks to human health as well as social, economic cultural and ethical concern; (h) prevention of the introduction of, control or eradication of those alien species which threaten ecosystems, habitats or species; (i) furnishing conditions that may be needed for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; ions that may be needed for compatibility between present uses and the conservation of biological diversity and the sustainable use of its components; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.491 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (j) guidelines on methods to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities; (k) adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; (l) promotion and encouragement of the equitable sharing of the benefits arising from the utilisation of knowledge, innovations and practices; and (m) procedures for the establishment of a system or systems of protected areas or areas where special measures need to be taken to conserve biological diversity. 68. for the establishment of a system or systems of protected areas or areas where special measures need to be taken to conserve biological diversity. 68. The Minister, in consultation with relevant Ministries, may make rules with respect to ex-situ conservation prescribing the following measures: (a) adopt measures for the ex-situ conservation of components of biological diversity originating in Tanzania; (b) establish and maintain facilities for ex-situ conservation and research on plants, animals and micro-organisms, preferably in the country of origin of genetic resources; (c) adopt measures for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats under appropriate conditions; (d) regulate and manage collection of biological resources from natural habitats for ex-situ conservation purposes so as not to threaten ecosystems and in-situ populations of species; (e) adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity; and (f) cooperate in providing financial and other support for ex-situ conservation. Conservation of biological diversity ex-situ iological diversity; and (f) cooperate in providing financial and other support for ex-situ conservation. Conservation of biological diversity ex-situ ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 492 69.–(1) Without prejudice to any law governing biosafety and biotechnology, a person who develops, handles, uses, import or export Genetically Modified Organisms (GMO) and, or their product shall be under general obligation to ensure that, such organisms do not harm, cause injury or loss to the environment and human health including socio-economic, cultural and ethical concerns. (2) The “harm”, “injury” or “loss” include personal injury, damage to property, financial loss, and damage to environment or to biological diversity. (3) In this section “organisms” means any active, ineffective or dormant stage of life form of an entity characterised as living, including plants, bacteria, fungi, mycoplasmas like entities, vertebrate and invertebrate animals, as well as entities such as various viruses or any living entity related to it. fungi, mycoplasmas like entities, vertebrate and invertebrate animals, as well as entities such as various viruses or any living entity related to it. 70.–(1) The Minister, in consultation with relevant sector ministries, may issue guidelines and prescribe measures for the sustainable management and utilisation of rangelands. (2) The Minister in issuing the guidelines and prescribing measures referred to in subsection (1), shall be guided by- (a) the carrying capacity of the land; (b) the conservation of the soil; (c) the risk to desertification faced by rangeland; and (d) any other factor, which the Minister may in consultation with relevant sector ministries, consider appropriate. 71. The Minister, in consultation with the Minister responsible for land, may give general and specific environmental and land use planning directives which shall be incorporated or taken into account by- (a) the National Land Use Planning Commission; (b) the Area Planning Committees established under any law regulating urban planning; (c) sewerage authorities; Regulation for development, handling, and use of Genetically Modified Organisms and their products Management of rangelands Environmental land use planning directives evelopment, handling, and use of Genetically Modified Organisms and their products Management of rangelands Environmental land use planning directives ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.493 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) local government authorities responsible for any rural or urban planning functions; (e) relevant local government authorities when preparing, any land use regulations designating areas set aside for residential, commercial, industrial, pastoral and agricultural purposes; and (f) any other institution carrying on responsibility touching on land use. 72. Land users and occupiers shall be responsible for the protection, improvement and nourishment of the land, and for using it in an environmentally sustainable manner as may be prescribed by the Minister. 73.–(1) A matter or activity relating to protection and conservation of natural and cultural heritage shall take into account necessary requirements for the protection of environment as provided for under this Act. (2) Where any matter concerning management of the environment undertaken according to any written law is in conflict with this Act, this Act shall prevail. here any matter concerning management of the environment undertaken according to any written law is in conflict with this Act, this Act shall prevail. 74.–(1) The Minister, in consultation with the relevant sector ministry shall- (a) undertake or commission other persons to undertake national studies and give due recognition to development in scientific knowledge relating to substances, activities and practices that deplete the stratospheric ozone layer and other components of the stratosphere to the detriment of public health and the environment; (b) issue guidelines and institute programmes relating to- (i) the elimination of substances that deplete the ozone layer; (ii) management practices and activities likely to lead to the degradation of the ozone layer and the stratosphere; or Obligation to use land sustainably Protection of natural and cultural heritage Protection of atmosphere on of the ozone layer and the stratosphere; or Obligation to use land sustainably Protection of natural and cultural heritage Protection of atmosphere ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 494 (iii) the reduction and minimisation of risks to human health created by the degradation of the ozone layer and the stratosphere. (2) The Minister may make regulations for control of importation, exportation and consumption of ozone depleting substances or related equipment. 75. (2) The Minister may make regulations for control of importation, exportation and consumption of ozone depleting substances or related equipment. 75. The Minister, in consultations with relevant sector Ministries shall- (a) take measures to address climate change, particularly the impacts of climate change and adaptation measures; (b) issue guidelines periodically to Ministries and any other institutions in order to address climate change and its impacts as a result of global warming; (c) require Ministries and independent Government departments to put in place strategies and action plans to deal with climate change and to advise schools and higher learning institutions to include matters relating to climate change in their curricula; (d) review and approve any measures undertaken to address climate change by any institution, firm, sector or individuals be it foreign or local, including those related to the use of land, water, forests or any other ecosystems within the United Republic to sequester greenhouse gases; and (e) project national positions at global level on how to deal with the problems of climate change in the context of the United Nations Framework Convention on Climate Change and its related protocol(s). w to deal with the problems of climate change in the context of the United Nations Framework Convention on Climate Change and its related protocol(s). 76.–(1) The Minister, in consultation with relevant Ministries, may prescribe measures for the improvement of the working environment. (2) The Minister may, prescribe in the regulations any description of process of substance to be dangerous process, the carrying on of which or the release from it of dangerous Measure on climate change Management of working environment and dangerous materials and processes ying on of which or the release from it of dangerous Measure on climate change Management of working environment and dangerous materials and processes ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.495 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] materials into the environment, is subject to control under this Act. (3) Regulations made by the Minister pursuant to subsection (2) may- (a) prescribe separately for each environmental medium, the substances the release of which into that medium shall be subject to control; (b) provide that, a description of substance is only prescribed for any environmental medium so far as it is released into that medium in the amounts over periods in concentrations or other circumstances as may be specified in the regulations; and (c) prescribe conditions of authorisation and matters implied in the authorisation of application of the process and release of substances into the environment. ibe conditions of authorisation and matters implied in the authorisation of application of the process and release of substances into the environment. 77.–(1) For the purpose of eliminating releases of persistent organic pollutants- (a) each sector Ministry shall take the legal and administrative measures necessary to reduce or eliminate releases of intentionally produced persistent organic pollutants in its production, use, import and export in accordance with the provisions of the Stockholm Convention; (b) the Director of Environment in consultation with respective sector Ministries may establish a list of chemicals for which the Government shall request specific exemption under the Convention; and (c) each sector Ministry shall take measures to reduce the total releases derived from anthropogenic sources of unintentionally produced persistent organic pollutants (2) The Minister shall by regulations in the Gazette, prescribe persistent organic pollutants which shall not be used. (3) The Director of Environment shall prepare and oversee a National Implementation Plan for the Stockholm Convention as provided in the Convention. Powers of Minister to make regulation on persistent organic pollutants Implementation Plan for the Stockholm Convention as provided in the Convention. Powers of Minister to make regulation on persistent organic pollutants ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 496 (4) The relevant sector Ministries and local government authorities shall mainstream respective parts of the National Implementation Plan and into their policies, legislations, plans and programmes and submit annual reports to the Minister on progress made in implementation of the National Implementation Plan. , legislations, plans and programmes and submit annual reports to the Minister on progress made in implementation of the National Implementation Plan. (5) Without prejudice to any applicable written law, the Minister shall have the power to make regulations prescribing the following matters pertaining to persistent organic pollutants- (a) compliance with international obligations on persistent organic pollutants and pesticides issues; (b) compliance with the Stockholm Convention on Persistent Organic Pollutants of 2001; (c) raising of awareness of sustainable alternative approaches in the replacement of persistent organic pollutants; (d) carrying out of inventory of stocks of persistent organic pollutants; (e) disposal of existing stocks of persistent organic pollutants; (f) involvement of industry, particularly with reference to sharing the costs for disposal and taking responsibility of disposal of persistent organic pollutants; (g) promotion of appropriate pesticide and chemicals management practices; (h) preparation of appropriate data-base system for better knowledge of problems of stocks; (i) regulate imports and exports of persistent organic pollutants; (j) proper packages as basic requirements to avoid leakage and contamination of the environment both during transportation and storage; (k) safe transportation of toxic waste or dangerous chemicals, obsolete stocks or related chemicals as a way of protecting the environment and human health; (l) compliance with international agreements on movement and harmonisation of transportation of hazardous materials; the environment and human health; (l) compliance with international agreements on movement and harmonisation of transportation of hazardous materials; ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.497 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.497 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (m) designing the best way to strengthen national capabilities and capacities for the management of chemicals, including transfer of technology, providing financial and technical assistance and promoting cooperation with other states; (n) regulating the import and use of chemicals, the use of which has been prohibited or refused approval or has been withdrawn under any written law in order to protect human health or the environment; (o) designation of severely hazardous pesticide formulations and severely restricted chemicals in Tanzania; (p) environmental safety aspects of liquid gas pipelines, natural gas pipelines and the transportation of designated dangerous materials; (q) compensations, clean-ups and emergency response to hazardous substances released into the environment and clean-up of inactive hazardous waste disposal sites; (r) national, city, municipal, town and village contingency plans incase of release of hazardous substances into the environment; (s) emergency planning, notification, reporting and training requirements; and (t) contingency plans in case of major industrial accidents, control of hazardous fires, explosives and hazardous toxic emissions. g requirements; and (t) contingency plans in case of major industrial accidents, control of hazardous fires, explosives and hazardous toxic emissions. 78.–(1) The Minister, in relation to management of Prior Informed Consent (PIC) chemicals, may designate an institution which shall have the duty to- (a) recommend new entries of PIC chemicals of interest to Tanzania; (b) take adequate legal and administrative measures to prevent or minimise adverse effects of PIC chemicals to human health, life and the environment; (c) conduct research on alternatives of PIC chemicals; Prior informed consent procedures for certain hazardous chemicals and pesticides e environment; (c) conduct research on alternatives of PIC chemicals; Prior informed consent procedures for certain hazardous chemicals and pesticides ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 498 (d) internalise procedures in import and export of PIC chemicals; (e) promote awareness on PIC chemicals and their effects to human health, life and the environment; (f) undertake risk assessment of PIC chemicals and build capacity in risk management; (g) carry on any other activities in accordance with obligations of the Rotterdam Convention in their geographical areas of jurisdiction; and (h) submit an annual implementation report of the Rotterdam Convention of 1998 in their geographical areas of jurisdiction. (2) The Minister, in consultation with the Ministries responsible for agriculture and for health shall make regulations and guidelines on import, export, transportation and disposal of stocks of PIC chemicals and their wastes. 79.–(1) The Minister, in collaboration with other agencies, shall promote cleaner production technologies and techniques and foster sustainable consumption of goods and services. laboration with other agencies, shall promote cleaner production technologies and techniques and foster sustainable consumption of goods and services. (2) The Minister may prescribe guidelines relating to- (a) handbook on cleaner production technologies and techniques and on sustainable consumption to guide industrial, tourism, trade, mining, agriculture and service oriented activities; (b) monitoring of the impact of cleaner production; (c) mainstreaming of cleaner production in financing procedures of the financial institutions in order to achieve sustainable financing mechanism of cleaner production initiatives; and (d) mainstreaming of cleaner production and sustainable consumption approaches in relevant policies at Government and company level. Promotion of cleaner production and sustainable consumption of goods and services ion approaches in relevant policies at Government and company level. Promotion of cleaner production and sustainable consumption of goods and services ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.499 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) Economic Instruments 80.–(1) For purposes of minimising environmental damage, the Director of Environment shall periodically prepare proposals on packages of economic instruments and financial incentives and forward the same to the Minister. of Environment shall periodically prepare proposals on packages of economic instruments and financial incentives and forward the same to the Minister. (2) The Minister, in consultation with the Minister responsible for finance may make regulations and rules on economic instruments thereby prescribing- (a) how best to oblige individuals or firms when making decisions about production, consumption and investment, to consider the environmental consequences; (b) measures to be adopted to internalise environmental costs without relying on the pricing mechanism; (c) price-based measures, user charges and subsidies to internalise environmental costs and benefits; (d) subsidies, tax deductions and rebates to be paid to advance environmental protection; (e) special grants for particular programmes and projects, including environmental projects; (f) encourage return of bottles, plastics and metals for recycling and proper disposal; and (g) any other measure the Minister may impose on an economic instrument. return of bottles, plastics and metals for recycling and proper disposal; and (g) any other measure the Minister may impose on an economic instrument. (3) The Minister may, on approval of the Minister responsible for finance, further prescribe the following incentives and financial measures for the protection of the environment- (a) effluent charges, based on the content and quantity of discharges into the air, water or sewerage system; (b) user charge fee for using natural resource and for others being provided with a service such as garbage collection; (c) product charges, such as charges on plastic or bottle packaging that are used to discourage disposal of or encourage recycling; and (d) sales and excise taxes that give environmentally friendly products a price advantage over polluting products. Economic incentives and instruments for protection of environment at give environmentally friendly products a price advantage over polluting products. Economic incentives and instruments for protection of environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 500 PART VI ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER ASSESSMENTS 81.–(1) A person, being a proponent or a developer of a project or undertaking of a type specified in the Third Schedule, to which Environmental Impact Assessment is required to be made by the law governing such project or undertaking or in the absence of the law, by regulations made by the Minister, shall undertake or cause to be undertaken, at his own cost, an Environmental Impact Assessment study. (2) An Environmental Impact Assessment study shall be carried out prior to the commencement or financing of a project or undertaking. (3) A permit or licence for the carrying out of any project or undertaking in accordance with any written law shall not entitle the proponent or developer to undertake or to cause to be undertaken a project or activity without an Environmental Impact Assessment Certificate issued under this Act. (4) A person who contravenes subsection (3), commits an offence. ctivity without an Environmental Impact Assessment Certificate issued under this Act. (4) A person who contravenes subsection (3), commits an offence. 82.–(1) Subject to the provisions of subsection (2), the Minister shall make regulations and guidelines on how Environmental Impact Assessment shall be conducted under this Act and under any other written law. (2) Where the law requires Environmental Impact Assessment to be done in respect of any project or undertaking and the manner in which the Environmental Impact Assessment is to be done, it shall not be necessary to apply standards stipulated in the regulations made under this Act unless the standard prescribed under the law does not meet minimum standards necessary for the conduct of such Environmental Impact Assessment. Obligation to undertake Environmental Impact Assessment Environmental Impact Assessment regulations and guidelines ch Environmental Impact Assessment. Obligation to undertake Environmental Impact Assessment Environmental Impact Assessment regulations and guidelines ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.501 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 83.–(1) Notwithstanding the provisions of subsection (2) of section 82, Environmental Impact Assessments shall be conducted by experts or firms of experts whose names and qualifications are registered by the Council. (2) The Minister shall prescribe in the regulations qualifications of a person who may conduct Environmental Impact Assessment. (3) The Council shall maintain a register of experts and firms of experts authorised to conduct Environmental Impact Assessment. (4) The register of experts and firms of experts shall be maintained in a public registry and its entries may be searched by the public upon payment of a prescribed fee. (5) A proponent of a project shall select experts amongst the persons possessing qualifications prescribed pursuant to the provisions of subsection (2), to conduct the Environmental Impact Assessment. amongst the persons possessing qualifications prescribed pursuant to the provisions of subsection (2), to conduct the Environmental Impact Assessment. 84.–(1) The issuance of an Environmental Impact Assessment Certificate in respect of any project shall not be a defence in any legal proceedings brought against a proponent of a project or undertaking in respect of the manner in which the project or undertaking is being executed, managed or operated. (2) The Environmental Impact Assessment Certificate may be transferred from one holder to another in the event the project changes ownership and not otherwise and only upon notification in writing to the Minister within thirty days of the transfer. 85.–(1) Upon requiring an Environmental Impact Statement, the Council shall determine the scope of the Environmental Impact Statement by agreeing with the proponent on- (a) the prescribed issues that must be addressed by the Environmental Impact Statement; (b) persons and institutions that must be consulted during the preparation of the Environmental Impact Statement; Environmental Impact Assessment to be conducted by experts Issuance of certificate not defence in legal proceedings Determination of scope of Environmental Impact Statement ssessment to be conducted by experts Issuance of certificate not defence in legal proceedings Determination of scope of Environmental Impact Statement ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 502 (c) methodologies and approaches in the collecting, collating and analysing the required data; and (d) any other matter determining the scope of the Environmental Impact Statement. (2) The Environmental Impact Statements shall be kept and maintained by the Council in a public registry and their contents, may be searched upon payment of a prescribed fee. 86.–(1) The Council shall, upon examination of a project brief, require the proponent of a project or undertaking to carry out an Environmental Impact Assessment study and prepare an Environmental Impact Statement. (2) The Environmental Impact Statement prepared under subsection (1) shall be submitted to the Council for review. (3) The Environmental Impact Statement shall be prepared in accordance with regulations made by the Minister. 87.–(1) The Council, within sixty days following submission of Environmental Impact Statement, shall carry out its review. tions made by the Minister. 87.–(1) The Council, within sixty days following submission of Environmental Impact Statement, shall carry out its review. (2) The Council, for purposes of carrying out reviews under subsection (1), may set up a cross-sectoral technical advisory committee to advise it on reviews of Environmental Impact Statement. (3) The proponent shall comply with requests for additional information necessary to enable the Council to complete the review and shall do so within the time specified in the request. (4) The information requested by the Council for purposes of the Environmental Impact Statement review may include but not limited to site and design maps, project documents, reports, materials, technical details, sectoral advice and any other matters it may deem necessary. 88.–(1) The Council, during the review process, may visit for purposes of inspection or verification any site or place associated with the proposed project or undertaking at the proponent’s cost. Environmental Impact Statement Review of Environmental Impact Statement Inspection visit for purpose of Environmental Impact Statement review ’s cost. Environmental Impact Statement Review of Environmental Impact Statement Inspection visit for purpose of Environmental Impact Statement review ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.503 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) The Environmental Impact Statement review process shall be based on the following criteria: (a) the balance between short and long term socio- economic benefits of the project and the detriment to the human and physical environment; (b) the nature of the project or undertaking and how it is likely to meet environmental standards; (c) the possible mitigation alternatives or other remedial measures; (d) comments received during public hearings and other consultative processes under this Part; and (e) any other review criteria as prescribed in the regulations. 89.–(1) Without prejudice to Part XIV, the Council shall adopt guidelines on public participation, especially those likely to be affected by the project being the subject of an Environmental Impact Assessment study or review. n public participation, especially those likely to be affected by the project being the subject of an Environmental Impact Assessment study or review. (2) Without prejudice to subsection (1), upon receipt of the Environmental Impact Statement, the Council shall- (a) circulate it for written comments from various institutions and government agencies; (b) notify the public by any appropriate means of the place and time for reviewing the Environmental Impact Statement and submitting written comments in a prescribed manner; and (c) solicit oral or written comments by any appropriate means of the people who will be affected. 90.–(1) Notwithstanding the provisions of section 87 and other provisions of this Act, the review of the Environmental Impact Statement shall be conducted, inter alia, through public hearings. (2) The Council, within thirty days of receipt of an Environmental Impact Statement, shall decide whether or not to convene a public hearing for purposes of collecting submissions or comments on the proposed project or undertaking. Public participation in Environmental Impact Assessment Public hearing and information disclosure or comments on the proposed project or undertaking. Public participation in Environmental Impact Assessment Public hearing and information disclosure ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 504 (3) Where the Council decides or is requested to convene a public hearing, it shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalised. 91. The Council shall submit recommendations to the Minister upon completion of the review of the Environmental Impact Statement,. 92.–(1) The Minister, within thirty days, upon receipt of recommendations of the Council may- (a) approve the Environmental Impact Statement and issue an Environmental Impact Assessment Certificate; (b) disapprove the Environmental Impact Statement; or (c) approve an Environmental Impact Statement subject to conditions as he may determine and issue an Environmental Impact Assessment Certificate. ; or (c) approve an Environmental Impact Statement subject to conditions as he may determine and issue an Environmental Impact Assessment Certificate. (2) Where the Minister disapproves an Environmental Impact Statement, he shall- (a) notify the proponent in writing stating reasons for disapproval; or (b) recommend to the licencing authority that, the activity should not be licenced. 93. The Minister shall disapprove and recommend to the licensing authority that the project should not be licenced or, where the licence has been issued, be cancelled where- (a) the project or undertaking is likely to cause significant adverse impact on the environment; (b) there are no alternatives which can mitigate or remedy the significant likely harm to the environment; (c) the proponent has failed to abide to the mitigation measures stated in the Environmental Impact Statement or conditions issued by the Minister; or Recommendations on Environmental Impact Statement by Council Approval or disapproval of Environmental Impact Statement by Minister Cancellation of licence upon disapproval of Environmental Impact Assessment ncil Approval or disapproval of Environmental Impact Statement by Minister Cancellation of licence upon disapproval of Environmental Impact Assessment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.505 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) there are compelling social, economic, health, cultural or religious reasons which may or are likely to lead to irreversible impact on the society. 94. The Minister, by an instrument published in the Gazette, may delegate power of approval of Environmental Impact Statement to the Director of Environment, local government authorities or sector ministries. 95. A person who is aggrieved by the decision of the Minister to approve or disapprove an Environmental Impact Statement may appeal to the Environmental Appeals Tribunal. 96.–(1) The Director General shall maintain records of decisions on approvals or disapprovals of Environmental Impact Statement. (2) The record referred under subsection (1) shall be kept in a public registry and be accessible to the public upon payment of a prescribed fee. 97. (2) The record referred under subsection (1) shall be kept in a public registry and be accessible to the public upon payment of a prescribed fee. 97. The Council, at any time after the issuance of an Environmental Impact Assessment Certificate, may require the holder of certificate to conduct a fresh Environmental Impact Assessment study at his own cost and submit an Environmental Impact Statement within such time as the Council may prescribe where- (a) there is substantial change or modification in the project or undertaking or in the manner in which the project is being operated; (b) the project or undertaking poses environmental threats which could not be reasonably foreseen at the time of the study or review; or (c) in due course it is established that, the information or data given by the proponent or undertaking in previous Environmental Impact Assessment process was inaccurate, false or intended to mislead the Council. Delegation of powers to approve Environmental Impact Assessment Appeal against decision of Minister on Environmental Impact Assessment Maintenance of records of decisions on Environmental Impact Assessment Requirement of fresh Environmental Impact Assessment study al Impact Assessment Maintenance of records of decisions on Environmental Impact Assessment Requirement of fresh Environmental Impact Assessment study ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 506 98. A person who fails or neglects to comply with the directions of the Council issued under section 97 commits an offence. 99.–(1) The Council, in consultation with the relevant sector ministry or government agency, shall monitor- (a) environmental criteria and phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; and (b) the operation of any project or undertaking with a view to determining its immediate and long term effects on the environment. (2) An environmental inspector or any other authorised officer may, upon giving due notice, enter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried out on that land or premises. nter upon any land or premises for the purposes of monitoring the effects upon the environment of any activities carried out on that land or premises. 100.–(1) Where the results of monitoring indicate non- compliance with the Environmental Impact Assessment, the holder of the Environmental Impact Assessment Certificate may be required- (a) to take reasonable measures to mitigate the impact of non compliance and report the measures to the Council; or (b) to pay a fine imposed by way of administrative measure by the Council for the non-compliance. (2) The Council may recommend to the Minister for revocation of Environmental Impact Assessment Certificate where the results of an additional monitoring indicate persistent non-compliance with the conditions stipulated in the Environmental Impact Assessment Certificate and the Council may institute proceedings in a court of law for damages or any injury that may have occurred as a result of non compliance. Offence for contravening Environmental Impact Assessment Environmental monitoring Monitoring compliance with Environmental Impact Statement ompliance. Offence for contravening Environmental Impact Assessment Environmental monitoring Monitoring compliance with Environmental Impact Statement ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.507 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 101.–(1) The Council shall be responsible for carrying out an environmental audit in respect of any project or undertaking that is likely to have significant impact on the environment. (2) An environmental inspector or any other authorised officer may upon giving due notice, enter into any land or premises for purposes of determining how far the activities carried out on that land or premises conform with the Environmental Impact Statement. (3) Notwithstanding the provisions of subsections (1) and (2), the proponent or operator of a project or undertaking for which an Environmental Impact Statement has been made shall keep accurate records and make annual reports to the Council describing how far the projects conforms in operation with the statements made in the Environmental Impact Statement. ke annual reports to the Council describing how far the projects conforms in operation with the statements made in the Environmental Impact Statement. (4) The proponent or the operator of a project or undertaking shall take reasonable measures to mitigate any undesirable effects not previously anticipated in the Environmental Impact Statement and shall prepare, for submission to the Council, a comprehensive report of those measures, on an annual basis or as the Council may, in writing, direct. 102.–(1) Upon expiry of a project or undertaking stipulated under the Third Schedule, the proponent or operator shall, at his own cost, undertake safe decommissioning, site rehabilitation and ecosystem restoration before the closure of the project or undertaking. (2) The Director of Environment shall not discharge an environmental performance bond deposited under section 227 of this Act until the holder fulfils the conditions stipulated under subsection (1). 103. Notwithstanding the provisions of this Part, the Minister may require any person whose activities are likely to have an impact on the environment to make a statement on the social, health, biotechnological or any other risk impact assessment he may determine. Environmental audit Undertaking of safe decommissioning and site rehabilitation Other assessments r any other risk impact assessment he may determine. Environmental audit Undertaking of safe decommissioning and site rehabilitation Other assessments ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 508 PART VII STRATEGIC ENVIRONMENTAL ASSESSMENT 104.–(1) It shall be a requirement when preparing a bill for enactment of any law that is likely to have effect on- (a) the management, conservation and enhancement of the environment; or (b) sustainable management of natural resources, to conduct and submit to the Minister a detailed statement regarding Strategic Environmental Assessment of the effect likely to be caused on the environment in the implementation of the provisions of that law. (2) Without prejudice to subsection (1), when promulgating regulations, public policies, programmes and development plans shall include a Strategic Environmental Assessment Statement on the likely effects of such regulations, public policies, programmes or development plans may have on the environment. onmental Assessment Statement on the likely effects of such regulations, public policies, programmes or development plans may have on the environment. (3) A Strategic Environmental Assessment Statement made under this section shall include- (a) a full description of a policy, bill, legislation, strategy, programme, plan and the objectives it intends to achieve; (b) an identification, description and assessment of the positive and adverse effects that implementation of the proposed policy bills, strategy, programme, plan or legislation is likely to have on the environment and to the sustainable management of natural resources; (c) an identification, description and assessment of likely effects of alternative means to achieve the objectives of the policy, bill, legislation, strategy, programme and plan; (d) an identification, description and assessment of a range of practicable measures that could be taken to avoid, mitigate or remedy any adverse effect that may occur Strategic environmental assessment of bills, regulations, policies, strategies, programmes and plans igate or remedy any adverse effect that may occur Strategic environmental assessment of bills, regulations, policies, strategies, programmes and plans ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.509 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] as a result of the implementation of the policy, bill, legislation, strategy, programme, or plan; and (e) any other information that the Minister may by regulations prescribe. (4) Where a person responsible for the bill, regulations, public policy, strategy, programme, or plan, does not require a Strategic Environmental Assessment under this section, he shall submit a draft of the relevant document to the Minister who shall, as soon as practicable, determine whether or not an assessment is required and shall furnish his decision and the reasons for it. (5) Upon receipt of the strategic environmental assessment report, the Minister shall direct the Director of Environment to review the policy, bill, legislation, strategy, programme or plan and furnish his opinion to the Minister who shall thereafter give his opinion to the person concerned. bill, legislation, strategy, programme or plan and furnish his opinion to the Minister who shall thereafter give his opinion to the person concerned. (6) A person to whom the Minister has given opinion shall be required to comply with recommendations made and be required to submit a fresh report to him indicating: (a) the revisions that have been made to the original document in order to promote environmental management and the sustainable management of natural resources or to avoid, mitigate or remedy any adverse effects which implementation of the origin legislation, policy, programme or plan, may have had; (b) any other measures that have to be taken to avoid, mitigate or remedy any adverse effects on the environment and when these were or shall be taken, and if any measures recommended by the assessment report have or shall not be taken, the reasons for not doing so; and (c) a revised version of the policy, bill, legislation, strategy, programme or plan. (7) Where the Minister is of the opinion that, the environmental concerns raised during the strategic environmental assessment process are not adequately addressed by the revised bill, regulation, policy, strategy, programme or plan, and that strategic environmental assessment process are not adequately addressed by the revised bill, regulation, policy, strategy, programme or plan, and that ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 510 additional cost-effective measures to avoid or mitigate against these adverse effects should be taken, he shall within thirty days of receipt of the documents referred to in subsection (5), lodge an objection with the person concerned with a view to reaching agreement on the amendments to be made to the revised policy, bill, legislation, strategy, programme or plan in order to give effect to the purpose and principles of this Act. (8) Where, upon direction by the Minister, the Director of Environment and the person concerned are unable to reach agreement on the amendments to be made to the revised policy, bill, legislation, strategy, programme or plan on the measures to be taken, the Director of Environment or the person concerned may lodge a notice of objection to the Minister. (9) The Minister may, upon receipt of the notice of objection, order the documents referred to in subsection (6) to be subjected to public review or to a public hearing before making a final determination. ection, order the documents referred to in subsection (6) to be subjected to public review or to a public hearing before making a final determination. 105.–(1) Where a mineral or petroleum resource is identified and before specific details are planned or a hydro-electric power station is planned or a major water project is planned, the Ministry responsible for mining, energy or water shall carry out a Strategic Environmental Assessment. (2) The Strategic Environmental Assessment provided for under subsection (1), shall assess the area marked for development including the following- (a) baseline environmental conditions and status of natural resources; (b) identification of ecologically sensitive and protected areas; (c) identification and description of communities around the area; (d) existing socio-economic conditions; (e) existing economic activities and infrastructure; (f) proposed developments, including long term scenarios and the cumulative development of a number of different mine or oil and gas site or hydro-electric power stations; Strategic environmental assessment for mineral, petroleum, hydro-electric power and major water project plans s site or hydro-electric power stations; Strategic environmental assessment for mineral, petroleum, hydro-electric power and major water project plans ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.511 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) infrastructure and resources required to service these development; (h) potential environmental and social impacts of mining or petroleum development or hydro-electric power or any major water projects; and (i) recommendations for land reclamation and limitations on development in different areas. (3) The Minister shall direct the Director of Environment to review the Strategic Environmental Assessment Statement and prepare a report on adequacy or inadequacy of the statement and areas which need to be improved and make recommendations to the Minister accordingly. (4) The Director of Environment shall submit a review report to the Minister for approval. (5) On receipt of recommendations, the Minister shall approve the report and make recommendations to the Ministry responsible for mining, energy or water regarding the best way environment can be preserved within the context of the project that is to be undertaken. esponsible for mining, energy or water regarding the best way environment can be preserved within the context of the project that is to be undertaken. (6) The Ministry responsible for mining, energy or water project shall be required to comply with recommendations made by the Minister. PART VIII POLLUTION PREVENTION AND CONTROL 106.–(1) It shall be an offence for a person to pollute or permit any other person to pollute the environment in violation of any standards prescribed under this Act or any other written law regulating a segment of the environment. (2) In determining whether or not to issue a licence, permit or other authorisation to discharge contaminant, and the terms and conditions of the licence, permit or authorisation, the Council or any other person empowered to make the decision shall seek to ensure that, the prescribed best practicable option is adopted. General prohibition of pollution r person empowered to make the decision shall seek to ensure that, the prescribed best practicable option is adopted. General prohibition of pollution ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 512 (3) For purposes of this section, “the best practicable option,” in relation to the discharge of a contaminant or an emission of noise, means the best method for preventing or minimising adverse effects on human health, life or the environment. (4) A person shall not emit any pollutants which cause air pollution in contravention of standards prescribed or that may be prescribed under this Act. (5) A person shall not emit or cause to be emitted noise in excess of standards prescribed or that may be prescribed in relation to emission of noise. (6) It shall be an offence for any person to discharge contaminants or to emit noise without taking into account practicable measures prescribed in the regulations that may be made by the Minister. 107. ge contaminants or to emit noise without taking into account practicable measures prescribed in the regulations that may be made by the Minister. 107. The Minister, in consultation with the Minister responsible for local government authorities, may make further regulations- (a) preventing and controlling any specified activities that result in adverse effects on the environment; (b) requiring any person to monitor discharges of contaminants and to keep records of the results of the monitoring; (c) creating systems of integrated pollution prevention and control; (d) imposing substantive and procedural requirements on persons issuing licences and permits under this Act or regulations; (e) establishing requirements, standards and guidelines for preventing and controlling discharges or emission into the environment and for activities and the operation of facilities which may cause discharges or emissions into the environment; (f) requiring persons applying for discharge licences to pay for the administrative costs of dealing with applications, including the reasonable costs of obtaining expert assistance in dealing with the applications; Powers of Minister to make regulations to prevent and control pollution sonable costs of obtaining expert assistance in dealing with the applications; Powers of Minister to make regulations to prevent and control pollution ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.513 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.513 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) classifying discharges, emissions, disposal, facilities, mobile and stationery sources of pollution and dangerous goods; (h) classifying any new hazardous substances, toxic substances, potentially toxic substances, environmentally harmful substances and other types of controlled substances; (i) preventing, prohibiting and regulating by using other methods as by licensing, guidelines, imports, exports, manufacture, transportation, handling, sale, possession, use, storage or disposal of any class of controlled substance or substance or product containing a controlled substance; (j) incorporate into domestic regulations latest developments on international environmental laws and practices; (k) requiring monitoring of discharges of contaminants into the environment in areas surrounding the discharges; (l) establishing standards in relation to the manufacture, distribution, sale or offering for sale of products the manufacture, use or disposal of which may have resulted or may result in the discharge of a contaminant into the environment; (m) in respect of motor vehicles- (i) requiring, regulating and prohibiting the installation, maintenance and use of equipment and devices; (ii) establishing mandatory emission standards and testing programmes; (iii) prohibiting the use of any motor vehicle that fails to comply with an emission standard; and (iv) prohibiting or regulating the use of motor vehicles in certain lanes of designated roads or in certain parts of urban areas; (n) requiring, regulating and restricting the use of notices, marks and labels on products, packaging and containers; (o) prohibiting or regulating in certain areas, on certain days of the year or both, the carrying out and manner of carrying out of activities that may result in the discharge of a contaminant; and on certain days of the year or both, the carrying out and manner of carrying out of activities that may result in the discharge of a contaminant; and ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 514 (p) requesting any person to provide information relevant to the control or prevention of discharge of a contaminant or an emission of noise. 108. The Council, in order to achieve integrated pollution prevention and control, may prescribe appropriate guidelines on the best methods for preventing or minimising adverse effects on the environment having regard to such matters as- (a) the nature of the discharge or emission and the sensitivity of receiving environment to the adverse effects; (b) the financial implications and the effect on the environment of an option when compared with other options; and (c) the current state of technical knowledge and the likelihood that the option can be successfully applied. ion when compared with other options; and (c) the current state of technical knowledge and the likelihood that the option can be successfully applied. 109.–(1) A person who knowingly puts or permits to be put or to fall or to be carried into any stream so as either singly or in combination with other similar acts of the same nature or interfere with its due flow or pollute its waters or puts solid refuse of any manufactory or manufacturing process or puts any rubbish or any other waste or any putrid solid matter into such stream, commits an offence. (2) A person who causes to fall, flow or knowingly permits to fall or flow or to be carried into any stream any poisonous, noxious or polluting liquid proceeding from any factory or manufacturing process, commits an offence. 110.–(1) A person shall not discharge any hazardous substance, chemical, oil or mixture containing oil in any waters or any other segment of the environment except in accordance with guidelines prescribed under this Act or any other written law. (2) A person who discharges any hazardous substance, chemical, oil or mixture containing oil in any waters or any other segment of the environment, commits an offence. Integrated pollution prevention and control Prohibition of water pollution Prohibition to discharge hazardous substances, chemicals materials, oil, etc. tegrated pollution prevention and control Prohibition of water pollution Prohibition to discharge hazardous substances, chemicals materials, oil, etc. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.515 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (3) Apart from the general punishment provided for under this Act, the person convicted of an offence under this section may be ordered by the court- (a) to pay the cost of removal, including any costs which may be incurred by the Government or Government agency in the restoration of the environment damaged or destroyed as a result of the discharge; and (b) to pay the cost of third parties in the form of reparation, restoration, restitution or the compensation as may be determined by the court. (4) It shall be the duty of organisation and individual producing, transporting, trading, using, storing or disposing of chemicals, oil, toxic substances, inflammable or explosive substances, to comply with regulations prescribed by the Minister on safety for human and other living beings and avoid causing environmental degradation. tances, to comply with regulations prescribed by the Minister on safety for human and other living beings and avoid causing environmental degradation. (5) Without prejudice to any other applicable written law, the Minister may, in consultation with an appropriate authority stipulate in the regulations a list of toxic, inflammable or explosives substances which are the subject of prohibition under this Act. (6) For purposes of regulating the production, storage or transportation of listed toxic, inflammable or explosive substances subject of prohibition under subsection (5), the Minister may require owners or operators of production, storage or transportation thereof to mitigate the impact of their activities by- (a) giving immediate notice of the discharge to the Council and other relevant sector ministries; (b) immediately commencing clean-up operations using the best available clean-up methods; (c) complying with directions as the Council may prescribe. (7) The Council may seize the production, storage and transporting facility or motor vehicle or vessel until the time the owner or operator takes mitigating measures. may seize the production, storage and transporting facility or motor vehicle or vessel until the time the owner or operator takes mitigating measures. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 516 (8) The Council shall seek an order of the court for the disposal of production, storage, transporting facility, motor vehicle or vessel where the owner or operator fails, within prescribed reasonable time, to take mitigating measures. (9) Without prejudice to any other written law, the Council shall ensure that- (a) location, design, construction and operation of plants in the atomic energy; (b) industries, production, transportation, utilisation and storage of radioactive materials; (c) disposal of radioactive wastes; and (d) organisations, individuals making use of machinery, equipment, materials with harmful electro-magnetic radiation or ionizing radiation, complies with the provisions of any law or regulations that may be prescribed for environmental protection, regular check and Environmental Impact Assessment of their facilities and report periodically to the Council. prescribed for environmental protection, regular check and Environmental Impact Assessment of their facilities and report periodically to the Council. 111.–(1) It shall be the duty of the Council in collaboration with any other organ, to closely follow developments in technology and techniques for preventing or reducing pollution of the environment, due to releases of substances from prescribed processes. (2) A person carrying out activity impacting on the environment shall be required to follow a directive that may be issued by the Council on adaptation of any developments in technology and techniques to prevent or reduce pollution of the environment. 112.–(1) For purposes of facilitating pollution prevention and control measures, the Minister may prescribe rules obliging submission of information to either the Council or any designated person, by- (a) a person who owns or operates an irrigation project scheme, sewerage system, industrial production plant, Duty to keep abreast with technological changes Duty to disclose information to prevent pollution cheme, sewerage system, industrial production plant, Duty to keep abreast with technological changes Duty to disclose information to prevent pollution ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.517 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] industrial wastes treatment plant, solid waste disposal site or facility, trading and storage facility for petroleum products, workshop or any other undertaking which discharges or is likely to discharge effluents or other pollutants into the environment; or (b) any other institution or organ which is required by any other written law to take measures to prevent pollution within areas to which it has administrative control or any other institution or organ that maybe identified. (2) The provisions of subsection (1) shall not derogate powers of the Minister responsible for shipping to make regulation for prevention of marine pollution pursuant to the provisions of Part XIX of the Merchant Shipping Act. (3) A person who contravenes the requirement to furnish information to the Council or any designated person, commits an offence. erchant Shipping Act. (3) A person who contravenes the requirement to furnish information to the Council or any designated person, commits an offence. 113.–(1) Where the Council is of the opinion that, the carrying on of a prescribed activity, process or the continuing carrying on of any process or activity involves an imminent risk of serious pollution of the environment, the Council may serve a prohibition notice on the person carrying on the process or activity. (2) A prohibition notice issued under subsection (1) shall- (a) specify the environmental risk involved in the activity or process; (b) specify the steps that may be taken to the process or activity to remove it and the period within which such steps shall be taken; (c) direct that, the authorisation shall, until the notice is withdrawn partly or wholly to the extent specified in the notice ceases, to have effect to authorise the carrying on of the process or activity; and (d) where, it applies only to a part of the process or activity, it imposes conditions to be observed in carrying on that other process or activity which is authorised to be carried on. Cap. 165 Prohibition notices on prescribed process or activity ved in carrying on that other process or activity which is authorised to be carried on. Cap. 165 Prohibition notices on prescribed process or activity ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 518 PART IX WASTE MANAGEMENT (a) Management of Solid Waste 114.–(1) For the purposes of ensuring minimisation of the solid waste in their respective geographical areas of jurisdiction, local government authorities shall prescribe- (a) for different types or kinds of waste, refuse or garbage to be separated at the source; (b) for standards to guide the type, size, shape, colour and other specifications for refuse containers used; and (c) for mechanisms to be put in place to involve the private sector and Non-Governmental Organisations on planning, raising awareness among producers, vendors, transporters, manufacturers and others on the need to have appropriate containers and enhance separation of waste at source. among producers, vendors, transporters, manufacturers and others on the need to have appropriate containers and enhance separation of waste at source. (2) The local government authorities in respect to their geographical areas of jurisdiction shall- (a) cause to be conducted appropriate Environmental Impact Assessment for new major activities leading to proper management of solid waste; (b) manage solid waste generated in accordance with sustainable plans produced by respective local government authority; and (c) ensure the appropriate sorting of waste is made right at the source and in accordance with standards or specifications prescribed by the local government authority concerned. (3) For the purposes of making decisions on suitability of any specific method of collection, treatment or disposal of solid waste, local government authorities shall undertake studies within their respective geographical areas of jurisdiction with a view to instill knowledge of the rate of local solid waste generation and its composition. Duty of local government to manage and minimise solid waste view to instill knowledge of the rate of local solid waste generation and its composition. Duty of local government to manage and minimise solid waste ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.519 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 115.–(1) The local government authority shall undertake periodic studies to determine the type of solid wastes generated from markets, business areas and institutions and determine appropriate methods for sorting, storage or disposal of waste. (2) In the determination of the appropriate storage or disposal for solid waste generated by different types of markets, business centres or areas and institutions within their respective areas, local government authorities shall ensure that, the solid waste is classified and appropriately stored depending on whether it is organic waste, plastics, glass or metals. (3) The Minister may prescribe national classifications of solid waste which local government authorities may adopt for their respective geographical areas of jurisdictions. escribe national classifications of solid waste which local government authorities may adopt for their respective geographical areas of jurisdictions. (4) For the purposes of this section, “institution” includes schools, offices, hospitals, police, army barracks, religious buildings, camps, convents and any other organisation or entity which the Minister may declare to be an institution for the purposes of solid waste management. 116.–(1) The local government authorities shall ensure that, industries located within their geographical respective areas of jurisdiction provide adequate space and facilities for managing solid waste generated from industries before they are collected for disposal at designated places. (2) The local government authorities shall ensure that refuse bays or areas set aside by industries for the collection of solid waste are clean and protected from flies, animals and scavengers. (3) The Minister, after consultation with the Ministers responsible for industries, land, health and the local government authorities, shall prescribe rules on solid wastes to be complied with by various categories of industries. 117. land, health and the local government authorities, shall prescribe rules on solid wastes to be complied with by various categories of industries. 117. The local government authorities in respect to urban and rural areas, shall prescribe- (a) the best ways possible for the collection of various classifications of solid waste from generation sources Disposal of solid waste from markets, business areas and institutions Storage of solid waste from industries Solid waste collection in urban and rural areas al of solid waste from markets, business areas and institutions Storage of solid waste from industries Solid waste collection in urban and rural areas ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 520 and shall, on its own or with any commercial or private sector arrange ways to recover the cost incurred in collection of the solid waste; and (b) appropriate equipment, time and routes for solid waste collection. 118.–(1) The local government authorities may designate transfer stations to serve as collection centres of solid wastes to cities, municipalities, towns or other areas where large amounts of solid waste are generated. (2) Before a local government authority designates an area to be a waste transfer station for the purposes of collection of solid waste it shall- (a) carry out social, health and Environmental Impact Assessment; (b) ensure that the selected area is adequate in size and situated away from residential area; (c) ensure regular removal of solid waste to avoid any possible nuisance; and (d) ensure the area is fenced off and secured to prevent unauthorised persons from entering. 119. l of solid waste to avoid any possible nuisance; and (d) ensure the area is fenced off and secured to prevent unauthorised persons from entering. 119. The local government authorities, in choosing the best method of solid waste disposal for their geographical areas of jurisdiction, shall consider the following matters- (a) climatic conditions; (b) economic ability; (c) interest of the community; (d) environmental, hygienic and social benefits; and (e) availability of tipping sites. (b) Management of Litter 120. For the purposes of sections 121 and 122, unless the context otherwise requires- “public land” means land entrusted to the President as trustee and includes general land or privately occupied land; “deposit”, in relation to litter; include- Waste transfer stations Final disposal of solid waste Interpretation with regard to management of litter d; “deposit”, in relation to litter; include- Waste transfer stations Final disposal of solid waste Interpretation with regard to management of litter ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.521 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.521 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) cast, place, throw or drop litter; or (b) allow litter to be cast, thrown, dropped, or to escape from any conveyance; “litter” includes any refuse, rubbish, animal remains, glass, metal, plastics, garbage, debris, dirt, filth, urine, rubble, ballasts, stones, earth, sewage, or waste matter or any other thing of a like nature; “private land” means every place other than a public place; and “public place”- (a) includes the following- (i) every road, street, private street, footpath, access way, storm water drain, service lane, court, mall, thoroughfare, wharf and airport to which the public generally has access, whether with or without payment of any fee, and includes any national park or reserve; (ii) any park, garden or other place of public recreation to which the public has access, whether with or without payment of any fee; (iii) any beach or foreshore or the bank of any river stream or the margin of any lake to which the public traditionally has access, whether with or without payment of fee; (iv) any waters to which the public traditionally has access, whether with or without payment of any fee, for bathing or other recreational purposes; (v) wharf, pier or jetty to which the public has access; (vi) any airport; (vii) any general land vested in or controlled by the President being land that is not occupied pursuant to any lease, licence, or other authority or by any private person; and (viii) any other place whether public or private in the open air to which the public has access, whether with or without payment of any fee; and ; and (viii) any other place whether public or private in the open air to which the public has access, whether with or without payment of any fee; and ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 522 (b) excludes any site designated or approved for the disposal of waste pursuant to this or any other Act or any receptacle installed in a public place. 121.–(1) A person who has a public place under that person’s control or management shall, at all times provide and maintain in that place, where litter is likely to be deposited, such number of litter receptacles of suitable construction and design for the temporary deposit of litter as may reasonably be necessary to keep that place free from litter. (2) Where litter generated on or attributable to any particular premises is likely to be carried from or to otherwise escape from those premises onto a public place, an environment inspector may require the occupier of the premises to take reasonable steps to prevent such litter being carried to or escaping onto the public place. inspector may require the occupier of the premises to take reasonable steps to prevent such litter being carried to or escaping onto the public place. (3) Where it is shown that, excessive litter is attributable to or emanates from any particular premises, an environment inspector may require the occupier of the premises to provide and maintain such number of litter receptacles of suitable construction or designing any public place adjacent to or within the vicinity of the land or premises for the temporary deposit of litter, as may reasonably be necessary to ensure that the public place be kept free of that litter. (4) Where any occupier fails to comply within a reasonable time with a requirement of an environment inspector made under subsection (2) or (3), the officer may take any reasonable steps to remedy that default and shall recover the cost of so doing from the occupiers as debt due to the service. (5) A person to whom this section applies shall also make appropriate provision for emptying the contents of litter receptacles provided within the public places under that person’s control or management, and for the removal and disposal of those contents promptly, efficiently and at regular intervals. 122. ces under that person’s control or management, and for the removal and disposal of those contents promptly, efficiently and at regular intervals. 122. An environment inspector may serve on the occupier of any private land or any land vested in or controlled by Control of litter in public places Occupiers of private land to clear litter n the occupier of any private land or any land vested in or controlled by Control of litter in public places Occupiers of private land to clear litter ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.523 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] any person, a notice in writing requiring the occupier, to the satisfaction of the inspector to- (a) clear away or remove from the land; (b) clean up; (c) screen, cover, or otherwise obscure from view; and (d) such litter as may be specified in the notice, within such time as may be so specified. (c) Management of Liquid Waste 123.–(1) The local government authorities may prescribe and issue guidelines on how liquid waste from domestic and commercial premises is to be treated and finally disposed of both within the site and outside the premises. (2) Without prejudice to subsection (1), the Minister may prescribe specific guidelines to be followed by local government authorities or sewerage authorities in their disposal of general or specific types of liquid wastes. 124. uidelines to be followed by local government authorities or sewerage authorities in their disposal of general or specific types of liquid wastes. 124. The local government authorities in respect to their areas of jurisdictions shall issue guidelines and standards on how sewage from cesspool and sludge from septic tanks is to be collected and transported by specified vehicles for disposal. 125. The local government authorities shall ensure that, sewage is appropriately treated before it is finally discharged into water bodies or open land, and that it does not increase the risk of infections or ecological disturbance and environmental degradation. 126. The local government authorities shall designate and ensure compliance with designated disposal ponds, sewage treatment facilities and sewer points. 127. Upon completion of construction of a sewerage system, local government authorities shall facilitate the carrying out of initial and subsequent periodic tests to ascertain that, the On site disposal of liquid waste Transportation and disposal of liquid waste Treatment of liquid waste Liquid waste disposal Control and monitoring of sewerage system of liquid waste Transportation and disposal of liquid waste Treatment of liquid waste Liquid waste disposal Control and monitoring of sewerage system ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 524 effluent meant for final disposal meets the standards as may be prescribed by the Minister. 128. The Minister shall make regulations prescribing the best method for the treatment of hazardous and non-hazardous liquid wastes from industries. 129.–(1) A local government authority within its area of jurisdiction, shall build or prepare storm water drains. (2) The storm water drains shall remain clean for the purposes for which they have been made. (3) The Minister may make rules providing for- (a) standard gradient for storm water drains to prevent water stagnation; (b) the periodic cleaning of storm water drains to remove deposit; and (c) covered storm water drains, inspection covers and appropriate trap chambers for inspection and removal of deposits. (d) Management of Gaseous Waste 130. vered storm water drains, inspection covers and appropriate trap chambers for inspection and removal of deposits. (d) Management of Gaseous Waste 130. The local government authorities shall ensure that habitable buildings- (a) have adequate openings to provide through or cross ventilation; (b) provide adequate means of smoke escape in kitchen and other indoor places as may be appropriate; and (c) do not provide for cooking in dwelling houses or use of animal dung as fuel in confined unventilated dwellings. 131.–(1) The local government authorities taking into consideration of the wind direction and Environmental Impact Assessment recommendations, shall ensure that, industries producing gas emissions are located far away from residential areas. Industrial liquid waste Storm water management Gaseous wastes from dwelling houses Control of industrial gaseous waste ar away from residential areas. Industrial liquid waste Storm water management Gaseous wastes from dwelling houses Control of industrial gaseous waste ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.525 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) A local government authority shall prescribe rules, procedures and penalties governing- (a) regularity of checks of the machinery to ensure that they function efficiently and do not produce gas emissions; and (b) specifications of chimneys and gas controlling devices to be fitted to factories and industries. 132.–(1) The local government authorities shall prescribe rules specifying emission of carbon monoxide, hydrocarbons, other noxious emissions and standards for exhaust emissions applicable in areas of jurisdiction of a local government authority concerned. (2) Where national standards have been prescribed, the local government authorities shall adopt the national exhaust emissions standards. (e) Management of Hazardous Waste 133.–(1) It shall be an offence to import into or export from Tanzania, hazardous waste without a permit granted by the Minister. t of Hazardous Waste 133.–(1) It shall be an offence to import into or export from Tanzania, hazardous waste without a permit granted by the Minister. (2) Where hazardous waste is to be exported from Tanzania, it shall be necessary for a person intending to export such waste to obtain a written permit issued by a competent authority of the receiving country. (3) A person shall not transport hazardous waste within or through Tanzania without a permit granted by the Minister. (4) The Minister may make regulations prescribing the following- (a) best possible ways to manage various types of hazardous wastes and appropriate penalties to any contravention; (b) responsibility and liability of person involved in any generation, transportation, export and disposal of hazardous wastes; (c) notification procedures in transportation and disposal of hazardous wastes; Gaseous and particulate wastes from vehicles Importation of hazardous waste otification procedures in transportation and disposal of hazardous wastes; Gaseous and particulate wastes from vehicles Importation of hazardous waste ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 526 (d) any reporting requirement in implementation of international conventions on hazardous waste and in cases of incidents that may have potential to cause damage to human health, living beings and the environment; (e) licensed disposal facilities for hazardous wastes; (f) responsibility and liability of person or group of persons that have caused contamination of the environmental ecosystem or owners of such sites; (g) criteria for classification of sites contaminated with hazardous wastes; and (h) clean up sites contaminated with hazardous waste. (5) The Minister may prescribe criteria for the classification of hazardous wastes with regard to determining their- (a) hazardous nature; (b) corrosive nature; (c) carcinogenic nature; (d) flammable nature; (e) persistent nature; (f) toxic nature; (g) explosive nature; and (h) radioactive nature. sive nature; (c) carcinogenic nature; (d) flammable nature; (e) persistent nature; (f) toxic nature; (g) explosive nature; and (h) radioactive nature. 134.–(1) A local government authority in respect to its area of jurisdiction, shall ensure that- (a) standards prescribed for the hazardous waste management are in place and operational at all the time; (b) premises producing hazardous wastes are adequately ventilated and are in compliance with prescribed standards; (c) waste effluents are treated or are so modified as to comply with prescribed standards before final disposal; and (d) hazardous liquid wastes are treated to conform with prescribed environmental standards at factory or on site before their discharge into public sewers or Duty of local government authority in relation to hazardous waste nmental standards at factory or on site before their discharge into public sewers or Duty of local government authority in relation to hazardous waste ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.527 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] municipal oxidation ponds or in an open land or into receiving water bodies. (2) The standards and guidelines set by the local government for the purposes of this Act, shall conform to standards set under this Act. 135.–(1) The Minister shall ensure that, any movement of hazardous waste within and through Tanzania shall be conducted in a manner that prevents or minimises adverse effects to human health and the environment and conform to movement procedures as may be prescribed in the regulations. (2) A generator of hazardous waste shall take measures to minimise the generation of such waste. (3) A generator of hazardous waste shall be responsible for its disposal and shall be liable for any damage to human health, living beings and the environment. 136.–(1) Subject to the provisions of subsection (2), disposal of any hazardous wastes shall be done in an environmentally sound manner. environment. 136.–(1) Subject to the provisions of subsection (2), disposal of any hazardous wastes shall be done in an environmentally sound manner. (2) Environmental Impact Assessment shall be carried out before hazardous waste is disposed of into soil, land, air or body of water. 137.–(1) The Minister, in collaboration with the Minister responsible for health, shall ensure that, healthcare wastes are sorted and stored in prescribed coded containers and transported in refuse trucks designed and registered for that purpose. (2) The Minister, in collaboration with the Minister responsible for health, shall prescribe the best possible method for final disposal of various types of health care wastes. (3) In this section, “health care wastes” includes but not limited to the infectious wastes, pathological wastes, sharps, pharmaceutical, genetoxic, radioactive wastes, coagulated blood wastes and drugs. Movement of hazardous waste Environmental Impact Assessment for hazardous waste Final disposal of health care wastes oagulated blood wastes and drugs. Movement of hazardous waste Environmental Impact Assessment for hazardous waste Final disposal of health care wastes ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 528 138. The Minister, in collaboration with other sector ministries and other authorities, shall prescribe the best possible methods for handling and for disposal of- (a) veterinary wastes arising from abattoirs; (b) veterinary drugs; (c) waste emanating from agricultural activities; (d) agro-chemical wastes; (e) chemical wastes; and (f) any other type of waste as the Minister may determine. 139.–(1) Without prejudice to the powers of the local government authority granted under any written law in relation to management of waste, the local government authority shall have powers necessary for purposes of preventing or minimising solid, liquid, gaseous and hazardous waste. (2) For the purpose of waste management, the Minister may advise the Minister responsible for local government authorities to direct or assign any person powers vested in the local government authority which has failed to meet its obligation or to exercise power in relation to any matter which is prescribed under this Part. local government authority which has failed to meet its obligation or to exercise power in relation to any matter which is prescribed under this Part. (3) Without prejudice to the provisions of subsection (2), the Minister, in a fitting case, may direct or assign to any person powers vested in the local government authority which has failed to meet its obligation or to exercise powers in relation to any matter which is prescribed pursuant to the provisions of this Part. PART X ENVIRONMENTAL QUALITY STANDARDS 140.–(1) The National Environmental Standards Committee of the Tanzania Bureau of Standards established under the Standards Act, shall develop, review and submit to the Minister proposal for environmental standards and criteria in relation to- (a) water quality; Disposal of other wastes General power of local government authorities to minimise waste Formulation and approval of environmental quality standards Cap. 130 l of other wastes General power of local government authorities to minimise waste Formulation and approval of environmental quality standards Cap. 130 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.529 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) discharge of effluent into water; (c) air quality; (d) control of noise and vibration pollution; (e) sub-sonic vibrations; (f) soil quality; (g) control of noxious smells; (h) light pollution; (i) electromagnetic waves and microwaves; and (j) any other environmental quality standard. (2) The National Environmental Standards Committee shall cause the standards to be published in the Gazette and in at least two daily newspapers one of which shall be in Kiswahili and one in English language with a view to invite comments to be made in writing on the proposed standards within the period as may be prescribed. (3) Upon approval of environmental quality standards and criteria, the Minister shall publish them in the Gazette. 141. A person undertaking any activity shall be required to comply with environmental quality standards and criteria. all publish them in the Gazette. 141. A person undertaking any activity shall be required to comply with environmental quality standards and criteria. 142.–(1) In enforcing environmental quality standards and criteria the Council may- (a) order or carry out investigations of actual or suspected environmental pollution including the collection of samples, records and data; (b) upon reasonable notice served on the occupier enter, inspect and examine any place, area, premise or any vehicle, vessel, boat, aircraft or any carriage of any description on which it has reasonable grounds to believe that the activity is or is likely to lead to violation of environmental standards; (c) take necessary measures to ensure that industry and other facilities adopt cleaner technology to meet the requirements of standards established under this Act; Compliance with standards, etc. Enforcement of environmental quality standards ology to meet the requirements of standards established under this Act; Compliance with standards, etc. Enforcement of environmental quality standards ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 530 (d) monitor emission concentration and nature of pollutants emitted; (e) make guidelines to minimise greenhouse gases and other emissions and identify suitable technologies for minimisation of air pollution; or (f) do or perform anything or act that is necessary for the monitoring and control of environmental pollution. (2) Subject to the provisions of any other law, a person who permits or causes to permit pollution or emission in excess of environmental quality standards and criteria stipulated pursuant to this Act, commits an offence. (3) The Council shall maintain close collaboration with local government authorities, Public Health Department, Occupational Health and Safety Agency, Tanzania Bureau of Standards, Tanzania Atomic Agency, Government Chemist Laboratory Authority, Tanzania Medicines and Medical Devices Authority and other institutions for the purposes of enforcement of environmental quality standards. 143. rity, Tanzania Medicines and Medical Devices Authority and other institutions for the purposes of enforcement of environmental quality standards. 143. The National Environmental Standards Committee shall- (a) prescribe criteria and procedure for measuring standards for water quality; (b) establish the minimum quality standards for waters of Tanzania; and (c) establish minimum quality standards for different uses of water including- (i) drinking water; (ii) water for agricultural purposes; (iii) water for recreational purposes; (iv) water for fisheries and wildlife; (v) water for industry; (vi) water for environment; and (vii) water for any other purposes. 144. The National Environmental Standards Committee shall- (a) establish standards for the discharge of any effluent into the waters of Tanzania; Water quality standards Standards for discharge of effluent into water ablish standards for the discharge of any effluent into the waters of Tanzania; Water quality standards Standards for discharge of effluent into water ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.531 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) establish measures for the treatment of effluent before their final discharge into sewage systems; and (c) prescribe requirements for the operator of any plant or undertaking to undertake such works as it considers necessary for the treatment of effluent before it is finally discharged into water. 145. The National Environmental Standards Committee shall- (a) prescribe criteria and procedure for measurement of air quality; (b) establish ambient air quality standards; (c) establish occupational air quality standards; (d) establish emission standards for various sources; (e) prescribe criteria and guidelines for air pollution control for both mobile and stationary sources; and (f) any other air emission quality standards. 146. cribe criteria and guidelines for air pollution control for both mobile and stationary sources; and (f) any other air emission quality standards. 146. The National Environmental Standards Committee shall- (a) prescribe procedures for the measurement and determination of noxious smells; (b) set minimum standards for the control of pollution of the environment by noxious smells; and (c) prescribe guidelines for measurements and the abatement of noxious smells, whether from human activities or natural phenomenon. 147. The National Environmental Standards Committee shall- (a) prescribe procedures for the measurement and determination of noise and vibrations standards; (b) set minimum standards for emissions of noise and vibrations pollution into the environment; (c) establish criteria and procedures for the measurement of noise and vibration pollution into the environment from existing and future sources; (d) prescribe guidelines for the abatement of unreasonable noise or vibration pollution emitted to the environment; (e) establish noise levels and noise emission standards applicable to construction sites, plants, machinery, motor Air quality standards Standards for control of noxious smells Standards for control of noise and vibration pollution n sites, plants, machinery, motor Air quality standards Standards for control of noxious smells Standards for control of noise and vibration pollution ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 532 vehicles, aircrafts, including sonic booms, industrial and commercial activities; (f) establish appropriate measures to ensure the abatement and control of noise from sources referred to in paragraph (e); and (g) measure the levels of noise emanating from sources referred to in paragraph (e). 148. The National Environmental Standards Committee shall- (a) prescribe procedures for the measurement and determination for emission of sub-sonic vibrations standards; (b) set minimum standards for emissions of sub-sonic vibrations into the environment from existing and future sources; (c) establish criteria and procedures for the measurement of sub-sonic vibrations; and (d) issue guidelines for the minimisation of sub-sonic vibrations referred to in paragraph (b). 149. for the measurement of sub-sonic vibrations; and (d) issue guidelines for the minimisation of sub-sonic vibrations referred to in paragraph (b). 149. The National Environmental Standards Committee shall- (a) establish standards for the minimisation of ionizing and other radiation in the environment; (b) establish criteria and procedures for the measurement of ionizing and other radiation; (c) provide information aimed at warning and protecting the public and the environment against actual or potential exposure to radioactive material or ionizing radiation and prescribe safe practices to protect persons involved in activities prone to radiation exposure; and (d) do any other things necessary for the monitoring and control of pollution from radiation. 150. The National Environmental Standards Committee shall- (a) establish criteria and procedures for the measurement and determination of the quality of soil; Standards for sub-sonic vibrations Standards for minimisation of radiation Soil quality standards easurement and determination of the quality of soil; Standards for sub-sonic vibrations Standards for minimisation of radiation Soil quality standards ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.533 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) set minimum standards for the management of the quality of soil; (c) prescribe guidelines for the disposal of any waste in the soil, the optimal utilisation of any soil, identification of the various soils and practices that are necessary in order to conserve soil and prohibition of activities that may degrade the soil; and (d) do any other thing necessary for the monitoring and control of soil degradation. PART XI ENVIRONMENTAL RESTORATION, EASEMENTS AND CONSERVATION ORDERS (a) Restoration Orders 151.–(1) Subject to any other provisions in this Act, the Council may issue, an order known as environmental restoration order on a person in respect to any matter relating to the management of the environment. uncil may issue, an order known as environmental restoration order on a person in respect to any matter relating to the management of the environment. (2) An environmental restoration order shall be issued to- (a) require the person on whom it relates to restore the environment as near as it may be to a state in which it was before the taking of the action which is the subject of the order; (b) prevent the person on whom it relates from taking any action which would or is reasonably likely to cause harm to the environment; (c) award compensation to be paid by the person on whom it relates or to other persons whose environment or livelihood has been harmed by the action which is the subject matter of the order; and (d) levy a charge on the person on whom it relates which, in the opinion of the Council, represents a reasonable estimate of the costs of any action taken by an authorised person or organisation to restore the environment to Environmental restoration order onable estimate of the costs of any action taken by an authorised person or organisation to restore the environment to Environmental restoration order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 534 a state in which it was before the taking of the action which is the subject matter of the order. (3) An environmental restoration order may contain terms and conditions and may impose obligations on the persons on whom it relates as may, enable the order to achieve all or any of the purposes set under subsection (2). and may impose obligations on the persons on whom it relates as may, enable the order to achieve all or any of the purposes set under subsection (2). (4) Without prejudice to the general effect of the purposes set out in subsection (3), an environmental restoration order may require a person on whom it relates to- (a) take action as shall prevent the commencement, continuation or cause of pollution; (b) restore land, including the replacement of soil, replanting of trees and other flora and the restoration as far as may be, of outstanding geological, archaeological or historical features of the land or the area contiguous to the land or sea as may be specified in the order; (c) take action to prevent the commencement, continuation or cause of environmental hazard; (d) cease to take any action which is causing or may contribute to pollution or an environmental hazard; (e) remove or alleviate any injury to land, the environment or to the amenities of the area; (f) prevent damage to the land or the environment, aquifers beneath the land and flora and fauna in, on or under or above the land or sea specified in the order or land or the environment contiguous to the land or sea specified in the order; (g) remove any waste or refuse deposited on the land or sea specified in the order and dispose of the same in accordance with the provisions of the order; and (h) pay any compensation specified in the order. ea specified in the order and dispose of the same in accordance with the provisions of the order; and (h) pay any compensation specified in the order. (5) In exercising the powers under this section, the Council shall- (a) be guided by the principles of good environmental management in accordance with the provisions of this Act; and r this section, the Council shall- (a) be guided by the principles of good environmental management in accordance with the provisions of this Act; and ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.535 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) explain to the persons against whom the order relates, the right of appeal to specified appellate organs. NTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) explain to the persons against whom the order relates, the right of appeal to specified appellate organs. 152.–(1) An environmental restoration order shall specify clearly and in a manner, which may be easily understood- (a) activity to which it relates; (b) person or persons to whom it is addressed; (c) time at which it comes into effect; (d) action which must be taken to remedy the harm to the environment and the time, being not more than thirty days or further period as may be prescribed in the order, within which the action must be taken; (e) powers of the Council to enter any land and undertake the action specified in paragraph (d); (f) penalties which may be imposed where the action specified in paragraph (d) is not undertaken; and (g) right of the person served with an environmental restoration order to appeal to any prescribed tribunal or organ against that order, except where the order is issued by a court of competent jurisdiction, in which case the right of appeal shall lie to superior courts. nst that order, except where the order is issued by a court of competent jurisdiction, in which case the right of appeal shall lie to superior courts. (2) An environmental inspector may inspect or cause to be inspected any activity in order to determine whether that activity is harmful to the environment and may take into account the evidence obtained from that inspection in any decision on whether or not to serve an environmental restoration order. 153. Where the Council reasonably suspects that harm has been or is likely to be caused to the environment by any person’s activity, it may serve on that person an order requiring that person to take action within thirty days of the service of the order, to remedy or prevent the harm on the environment as may be specified in the order. Contents of environmental restoration order Service of environmental restoration order t the harm on the environment as may be specified in the order. Contents of environmental restoration order Service of environmental restoration order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 536 154. The Council may seek and take into account any technical, professional and scientific advice which it considers to be desirable for a satisfactory decision to be made on an environmental restoration order. 155.–(1) An environmental restoration order shall continue to apply to an activity in respect of which it was issued notwithstanding that it has initially been complied with. (2) A person served with an environmental restoration order shall, subject to the provisions of this Act, comply with all the terms and conditions of the order. (b) Easements Orders 156.–(1) The object of an environmental easement shall be to further the principles of environmental management set out in this Act by facilitating the conservation and enhancement of the environment through the imposition of one or more obligations in respect of the use of that land. facilitating the conservation and enhancement of the environment through the imposition of one or more obligations in respect of the use of that land. (2) Notwithstanding the nature of easements that maybe created in accordance with the provisions of Part XI of the Land Act, a court may, on an application made under this Part, grant an environmental easement or an environmental conservation order subject to the provisions of this Act. (3) The Council may recommend to the Minister for the creation of an easement for the purposes of environmental protection. (4) Where the Minister is satisfied that, the recommendation of the Council is workable, he shall recommend to the Minister responsible for land for purposes of the creation of right of way in accordance with Sub-Part 3 of Part XI of the Land Act. (5) An instrument or a court order creating an easement for environmental protection shall clearly specify- (a) the nature of the easement and any conditions, limitations, and restrictions subject to which it is granted; (b) the period of time for which it is granted; Advice before issuing environmental restoration order Duration of environmental restoration order Environmental easements and conservation orders Cap. 113 Cap. 113 issuing environmental restoration order Duration of environmental restoration order Environmental easements and conservation orders Cap. 113 Cap. 113 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.537 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) the land or particular part of it which is burdened by the easement; (d) the land benefited by the easement; and (e) a plan sufficient to define easement. (6) An environmental easement may be imposed on and shall thereafter attach to the burdened land in perpetuity or for a term of years or for an equivalent interest under customary law as the court may determine. (7) Notwithstanding the provisions of any written law, easements created for the purposes of environmental protection shall, subsist beyond the tenure of the right of occupancy or lease unless rescinded earlier by court order. 157.–(1) A person or a group of persons may make an application to the court for the grant of one or more environmental easements. (2) The Court may impose conditions on the grant of an environmental easement as it considers to be best suited to advance the object of an environmental easement. may impose conditions on the grant of an environmental easement as it considers to be best suited to advance the object of an environmental easement. 158.–(1) Proceedings to enforce an environmental easement may be commenced only by the person in whose name the environmental easement has been issued. (2) Proceedings in relation to environmental easement may request the court to- (a) grant an environmental restoration order; or (b) grant any remedy available under the law relating to easements in respect of land. (3) The court may adjust, so far as it deems necessary, procedures relating to the enforcement of the requirements of an environmental easement. 159.–(1) Where an environmental easement is imposed on land, the title of which is registered under any written law, the environmental easement shall be registered in accordance with the law prescribing that system of registration of easements. Application for environmental easements Enforcement of environmental easements Registration of environmental easements m of registration of easements. Application for environmental easements Enforcement of environmental easements Registration of environmental easements ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 538 (2) In addition to any matter which may be required by any written law generally prescribing registration of easements, registration of environmental easements shall include- (a) the name of the applicant for the environmental easement as the person in whose name the environmental easement is registered; (b) the nature of the easement and any conditions, limitations, and restrictions subject to which it is granted; (c) the period of time for which it is granted; (d) the land, or particular part of it which is burdened by the easement; (e) the land benefited by the easement; and (f) the plan sufficient to define the easement. 160.–(1) A person who has a legal interest in the land, which is subject of an environmental easement, shall, be entitled to compensation commensurate with the lost value of the land in accordance with this Act. is subject of an environmental easement, shall, be entitled to compensation commensurate with the lost value of the land in accordance with this Act. (2) Compensation to any value of the land referred to under subsection (1) shall be made in accordance with the provisions of the Land Acquisition Act and the Land Act. (c) Conservation Orders 161. For the purpose of environmental management where the need arise for the creation of easement on a burdened land, the authority to which that land is subject, may request the Minister to issue environmental conservation order so as to- (a) preserve flora and fauna; (b) preserve the quality and flow of water in a dam, lake, river or aquifer; (c) preserve any outstanding geological, physiographical, ecological, archaeological, or historical features of the burdened land; (d) preserve scenic view; (e) preserve open space; Compensation for environmental easements Cap. 118 Cap. 113 Imposition of environmental conservation order eserve scenic view; (e) preserve open space; Compensation for environmental easements Cap. 118 Cap. 113 Imposition of environmental conservation order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.539 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) permit persons to walk in a defined path across the burdened land; (g) preserve the natural contours and features of the burdened land; (h) prevent or restrict the scope of any activity on the burdened land which has its object in mining and working of minerals or aggregates; (i) prevent or restrict the scope of any agricultural activity on the burdened land; (j) create and maintain works on burdened land so as to limit or prevent harm to the environment; or (k) create or maintain migration corridors for wildlife. PART XII ANALYSIS AND RECORDS 162. The Council by order published in the Gazette, shall designate- (a) the Government Chemist Laboratory Authority; (b) any of the accredited laboratories of public universities; (c) accredited public laboratories established under or in pursuance of any written law; and (d) any accredited private laboratories, to be laboratories which may, among other things, be used for analytical and reference for purposes of this Act. any accredited private laboratories, to be laboratories which may, among other things, be used for analytical and reference for purposes of this Act. 163.–(1) An order designating laboratories for purposes of analysis may also designate analysts or reference analysts from amongst the persons affiliated or working within the designated laboratories. (2) An order designating any laboratories for purposes of this Act shall state specific environmental functions of the laboratories, local limits or subject matter that laboratory shall serve and the person appointed as analysts in respect of that laboratory. Designation of laboratories for analysis and taking of samples Designation of analysts and reference analysts analysts in respect of that laboratory. Designation of laboratories for analysis and taking of samples Designation of analysts and reference analysts ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 540 164.–(1) A laboratory that has been designated as an analytical or reference laboratory under this Act shall issue a certificate of analysis of any substance submitted to it pursuant to this Act. (2) A certificate of analysis shall state the methods of analysis followed and shall be signed by the analyst or reference analyst, as the case may be. (3) When made in accordance with this section, a certificate issued by the analyst or reference analyst shall be sufficient evidence of the facts stated in the certificate for the purposes of this Act. (4) The results of any analysis made by the laboratory shall be open for inspection by interested parties upon payment of a prescribed fee. 165. Act. (4) The results of any analysis made by the laboratory shall be open for inspection by interested parties upon payment of a prescribed fee. 165. The Council by notice published in the Gazette, shall prescribe- (a) the activities impacting on the environment for which records shall be kept for the purposes of this Act; (b) contents of records and the manner in which they shall be kept and made available; and (c) availability at reasonable costs of records so kept for environmental audit, environmental monitoring and evaluation, pollution control, inspection and for any other purposes that may be prescribed. 166.–(1) Records kept in pursuance of section 165 shall be submitted annually to the Council. (2) The Council shall keep and maintain records submitted to it in a manner that maintains the confidentiality of the records. 167. Subject to the needs of confidentiality as circumstances may require and any fees which may be prescribed, a person may have access to any records submitted to the Council under this Act. Certificate of analysis and its effect Record keeping of matters impacting on environment Annual submission of records Disclosure of analytical results ertificate of analysis and its effect Record keeping of matters impacting on environment Annual submission of records Disclosure of analytical results ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.541 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 168. The Ministerial Advisory Board of the Government Chemist Laboratory Authority shall keep the Council updated on any advice it receives from the Industrial and Consumer Chemicals Management and Control Technical Committee established under the Industrial Consumer (Management and Control) Act, on matters likely to adversely affect the environment. 169. The Minister after consultation with Ministers responsible for health, industry, agriculture, science and technology, may make rules prescribing the mode of cooperation between Council, and organs established under the Industrial and Consumer Chemicals (Management and Control) Act, in relation to- (a) the laboratories designated as fit to issue certificates of analysis of substances; (b) the Ministerial Advisory Board; and (c) the Emergency Response Committees established under the Industrial and Consumer Chemicals (Management and Control) Act. terial Advisory Board; and (c) the Emergency Response Committees established under the Industrial and Consumer Chemicals (Management and Control) Act. 170.–(1) The following institutions shall keep the Council updated on matters relating to their respective functions which have or may have great impact on the environment- (a) the Tanzania Pesticides Research Institute; (b) the Tanzania Atomic Energy Commission; (c) the Tanzania Medicine and Medical Devices Authority; (d) the Occupational Health and Safety Authority; and (e) the Veterinary Council of Tanzania. (2) Without prejudice to the provisions of subsection (1), matters to which the Council shall require a report are- (a) premises registered for purposes of Industrial and Consumer Chemicals (Management and Control) Act; (b) records of chemicals produced, imported, exported, sold, dealt in stored or used by each of the institutions referred in subsection (1); Environmental responsibilities of Government Chemist Cap. 182 Prescribing mode of cooperation on chemical pollutants Cap. 182 Cap. 182 Requirement to keep Council informed Cap. 182 of Government Chemist Cap. 182 Prescribing mode of cooperation on chemical pollutants Cap. 182 Cap. 182 Requirement to keep Council informed Cap. 182 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 542 (c) records of orders banning, restricting or otherwise eliminating the chemicals which are ordinarily used by each of the institutions referred to in subsection (1); (d) in relation to institutions referred to in subsection (1)- (i) distribution of inspectors and analysts; (ii) labelling and packaging; (iii) disposals of wastes; and (iv) decommissioning of plants. section (1)- (i) distribution of inspectors and analysts; (ii) labelling and packaging; (iii) disposals of wastes; and (iv) decommissioning of plants. 171.–(1) Without prejudice to the exercise of his powers under the Mining Act, the Commissioner for Minerals through sector environment coordinator responsible for mining shall forward to the Council as public records, copies of the following documents relating to the environment- (a) environmental matters contained in any development agreements that are required to be made between the Government and the holder of a mineral right or an applicant for a mineral right; (b) environmental studies and assessments made by appropriate experts or consultants which are required to accompany applications for retention licences showing any impact on the environment and the manner the applicant proposes to prevent, eliminate or minimise any adverse effects on the environment; (c) any terms and conditions on protection and preservation of the environment which may be implied into mineral retention licences or mineral development agreements; (d) environmental management plans or proposals for prevention of pollution or plans for treatment of waste or plans for reclamation of land and water resources, or plans for minimising the adverse effects on the environment resulting from mining operations, that may be prepared by applicants for special mining licences; (e) Environmental Impact Assessments on any proposed mining operations commissioned by the applicants for Environmental records on mining activities Cap. Environmental Impact Assessments on any proposed mining operations commissioned by the applicants for Environmental records on mining activities Cap. 123 123 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.543 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] special mining licences to the Minister responsible for minerals; (f) environmental management plans appended to the special mining licences; and (g) environmental management plans in respect of mining operations prepared by applicants seeking to renew special mining licences and any refusal to renew on account of impact on the environment. (2) The Director of Environment may give general or specific directive in consultation with the Commissioner for Minerals to sector environment coordinator responsible for mining, on any matter pertaining to the implementation of provisions on environmental management falling under the Mining Act. (3) The Council shall keep and maintain copies constituting records received under this section as public records accessible to the public upon payment of a prescribed fee. keep and maintain copies constituting records received under this section as public records accessible to the public upon payment of a prescribed fee. PART XIII ENVIRONMENTAL INFORMATION, EDUCATION AND RESEARCH 172.–(1) A citizen of Tanzania subject to the provisions of subsection (2) and regulations made by the Minister, shall have freedom of access to publicly held information relating to the implementation of this Act and to the state of the environment and actual and future threats to the environment, including any emissions to water, air or land as well as the disposal and storage of hazardous waste. (2) A request for information made pursuant to subsection (1) may be refused- (a) where information to be sought would involve supply of unfinished documents or data or internal communications, or where the request is manifestly unreasonable or formulated in too general manner; (b) where the public order or national security would be affected by supply of the information sought; Cap. 123 Freedom of access to environmental information e the public order or national security would be affected by supply of the information sought; Cap. 123 Freedom of access to environmental information ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 544 (c) for the reasonable protection of trade or industrial secrets; (d) where the request is too vague or uncertain to enable identification of the information sought; or (e) where the organ on which the request is made is unaware of the existence of the information sought. (3) In the event of a request for information being refused, the body so refusing shall be obliged to furnish written reasons for the refusal. (4) The Director of Environment and the Director General shall have access to information relating to the implementation of this Act and to the state of the environment and to the actual and future threats to the environment including any emissions to water, air or land as well as the disposal and storage of hazardous waste necessary to enable them to carry out their respective duties in terms of the provisions of this Act or any other written law relating to the protection of the environment and the utilisation of natural resources. n terms of the provisions of this Act or any other written law relating to the protection of the environment and the utilisation of natural resources. (5) It shall be an offence to refuse to give information requested by the Director of Environment or the Director General for the purposes of performance of their respective functions or the exercise of their powers under this Act. 173. The Council shall- (a) gather information on the environment and natural resources on the existing data; (b) subject to any other written law, have access to any data collection on the environment and natural resources; (c) analyse information relating to the environment and natural resources; (d) disseminate information to public and private users; (e) commission studies in demographic and trends impacting on environmental and development issues; (f) carry out public information and education campaigns in the field of environment; Powers of Council to collect, analyse and disseminate environmental information ublic information and education campaigns in the field of environment; Powers of Council to collect, analyse and disseminate environmental information ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.545 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) exchange information relating to environment with Non-Governmental Organisations or any other regional and international organisations; (h) coordinate the management of environmental information with sector ministries; (i) advise the Minister on existing information gaps and needs; or (j) establish in consultation with sector ministries, guidelines and principles for the gathering, processing and dissemination of environmental information. 174. The Council shall establish and operate a Central Environmental Information System which may bring together any findings, data and statistics generated by both public and private institutions in the course of environmental observation and management. 175.–(1) The Director of Environment in every two years, shall publish a report on the state of the environment and environment management which shall also be tabled before the National Assembly. two years, shall publish a report on the state of the environment and environment management which shall also be tabled before the National Assembly. (2) The Director of Environment may publish any other information he considers necessary for public education on the environment and other environmental issues. 176.–(1) The Director of Environment in consultation with the relevant sector ministries, shall take appropriate measures for the integration of environment matters in schools, colleges and institutions of higher learning. (2) The Director of Environment shall plan and conduct programmes aimed at raising awareness of the people on sustainable development and environmental management. 177.–(1) The Council shall conduct surveys on the state of the environment and may research and make forecast on environmental changes and other studies that may contribute to the formulation of policies and preparation of action plans Central Environmental Information System State of Environment Report Environmental education and awareness Environmental research tion of action plans Central Environmental Information System State of Environment Report Environmental education and awareness Environmental research ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 546 and strategies with regard to environmental conservation and management. (2) Notwithstanding the provisions of subsection (1), the Minister may designate any institution as an advisory body charged with responsibility of enhancement of targeted scientific research, information generation in the field of environment, monitoring and assessment of effectiveness of actions taken. PART XIV PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION MAKING 178.–(1) The public shall have the right to be timely informed of the intention of public authorities to make executive or legislative decisions affecting the environment and of available opportunities to participate in the decisions. (2) The public shall have the right to participate in decisions concerning the design of environmental policies, strategies, plans and programmes and to participate in the preparation of laws and regulations relating to the environment. of environmental policies, strategies, plans and programmes and to participate in the preparation of laws and regulations relating to the environment. (3) Information relating to decisions affecting the environment may be made available to the public before the date on which the decision is to be made. (4) Public involvement in environmental decision-making shall be made through- (a) early and accessible notice of the intention to make the decision, such as, formulation of policies, plans and programmes relating to the environment; (b) indication of opportunities for the public to present oral and written comments on proposed policies, plans and programmes; and (c) access to environmental information subject to this Act or any other written law. (5) The Council and other relevant authorities shall establish mechanisms to collect and respond to public comments, concerns and questions related to the environment including- Public participation in environmental decision making ect and respond to public comments, concerns and questions related to the environment including- Public participation in environmental decision making ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.547 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) public debates and hearings; and (b) environmental information, registries and complaints desks in all public institutions. PART XV INTERNATIONAL AGREEMENTS 179.–(1) Where, the United Republic is a party to an international or regional agreement concerning the management of the environment, the Minister in consultation with the relevant sector ministry shall- (a) initiate and prepare legislative proposals for consideration by the relevant ministry for purposes of implementing those agreements; and (b) identify appropriate measures necessary for the implementation of those agreements. (2) Where a sector ministry is involved in negotiation of an international agreement on matters relating to protection and management of environment, the sector minister concerned prior to submission for ratification by the National Assembly, shall communicate to the Minister on the substance of the agreement with a view to assess the likely impact on the environment. the National Assembly, shall communicate to the Minister on the substance of the agreement with a view to assess the likely impact on the environment. (3) The Minister shall create mechanism to work closely with international and regional communities to contribute towards peaceful, healthier and better global environment for the present and future generation. (4) The Director of Environment shall keep a register of international agreements concerning the management of the environment to which the United Republic is a party. 180.–(1) The Minister in consultation with relevant ministries, may initiate discussion with relevant authorities of neighboring countries on environmental management programmes and measures to avoid and minimise such trans boundary environmental impacts. International Agreements on Environment Transboundary environmental management programmes void and minimise such trans boundary environmental impacts. International Agreements on Environment Transboundary environmental management programmes ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 548 (2) The Director of Environment in cooperation with sector ministries or government agencies, shall initiate and implement transboundary environmental management programmes with neighboring countries. 181. Without prejudice to the provisions of this Part, the Director of Environment may establish a national office or national focal point of implementation of international agreements on environment. PART XVI COMPLIANCE AND ENFORCEMENT 182.–(1) There shall be appointed by the Minister, environmental inspectors among the employees of the Council. (2) The Minister may designate in writing any employee of local government authorities, ministries or any other public institution either by name or office, to be an environmental inspector for the purpose of this Act. (3) The Director of Public Prosecutions may designate an environmental officer to be a public prosecutor upon recommendation of the Minister. his Act. (3) The Director of Public Prosecutions may designate an environmental officer to be a public prosecutor upon recommendation of the Minister. 183.–(1) The environmental inspector appointed or designated as such may, with or without a warrant, at any reasonable time and with any necessary assistance- (a) enter into or upon any building, vehicle, aircraft, vessel, land, waters, or other place, other than place actually or habitually used as a dwelling house; (b) stop any vehicle or vessel that he reasonably believes as- (i) being operated in contravention of this Act; and (ii) discharging or has discharged a contaminant in contravention of this Act; (c) take samples; (d) take photographs and videos; (e) record or copy any information by any method; Establishment of national offices and focal points Appointment and designation of environmental inspectors Powers of environmental inspectors method; Establishment of national offices and focal points Appointment and designation of environmental inspectors Powers of environmental inspectors ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.549 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (f) require the production of any document, record or other thing that is required to be kept under this Act, and any other document that is related to the purposes of the inspection and remove it for the purpose of making copies or extracts, provided that, nothing shall be removed without providing a receipt; (g) inspect, seize and take copies of any documents which may constitute evidence of the commission of an offence under this Act; (h) make reasonable inquiries of any person, orally or in writing; (i) seize any vessel, vehicle, aircraft or equipment that the inspector has reasonable grounds to believe has been used in the commission of an offence under this Act; and (j) order removal of any waste or other substance or thing deposited or discharged in contravention of this Act. (2) An environmental inspector acting under subsection (1), upon demand of any occupant, shall show the inspector’s identification card and explain the purpose of inspection. pector acting under subsection (1), upon demand of any occupant, shall show the inspector’s identification card and explain the purpose of inspection. (3) A person who is asked by an environmental inspector taking action under subsection (1) to do anything that is necessary in order to enable the environmental inspector to carry out that action, shall immediately comply with the request. 184.–(1) A person who- (a) fails or refuses to conduct an Environmental Impact Assessment study in respect of a project for which the assessment is mandatory; (b) fails to prepare an Environmental Impact Assessment report as required under any provision of this Act; or (c) fraudulently makes a false statement on an Environmental Impact Assessment report submitted under this Act, commits an offence and on conviction shall be liable to a fine of not less than five hundred thousand shillings but not exceeding ten million shillings or to imprisonment for a term Offences relating to Environmental Impact Assessment Act No. 13 of 2016 s. 12 gs but not exceeding ten million shillings or to imprisonment for a term Offences relating to Environmental Impact Assessment Act No. 13 of 2016 s. 12 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 550 of not less than two years but not exceeding seven years or to both. (2) Where the offence committed is that of failing or refusing to conduct an Environmental Impact Assessment study, the offender, on conviction, shall be liable to a fine of not less than five million shillings but not exceeding one billion shillings or to imprisonment for a term of not less than two years but not exceeding seven years or to both. 185. A person who- (a) fails to keep records of the activities, products, by- products, and wastes required to be kept by this Act; or (b) fraudulently alters any records required by this Act, commits an offence and on conviction shall be liable to a fine of not less than five hundred thousand shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding seven years or to both. 186. llings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding seven years or to both. 186. A person who- (a) contravenes any environmental standards or guidelines for which other penalty is not specifically provided for; or (b) contravenes a measure prescribed under this Act for which no other penalty is specifically provided, commits an offence and on conviction shall be liable to a fine of not less than two million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding seven years or to both. 187.–(1) A person who- (a) discharges any dangerous materials, substances, oil, oil mixtures into land, water, air or aquatic environment contrary to the provisions of this Act; (b) pollutes the environment contrary to the provisions of this Act; or Offences relating to records Offences relating to environmental standards Offences relating to pollution Act No. 13 of 2016 s. 13 ions of this Act; or Offences relating to records Offences relating to environmental standards Offences relating to pollution Act No. 13 of 2016 s. 13 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.551 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) discharges any pollutant into the environment contrary to the provisions of this Act, commits an offence and on conviction shall be liable to a fine of not less than five million shillings but not exceeding ten billion shillings. (2) In addition to any sentence that the court may impose upon a person convicted pursuant to the provisions of subsection (1), the court may direct that person to- (a) pay the full cost of cleaning up the polluted environment and of removing the pollution; or (b) clean up the polluted environment and remove the effects of pollution to the satisfaction of the Council. (3) Without prejudice to the provisions of subsections (1) and (2), the court may direct the polluter to meet the cost of injury or effect of the pollution to any third parties through adequate compensation, restoration or restitution. 188. he polluter to meet the cost of injury or effect of the pollution to any third parties through adequate compensation, restoration or restitution. 188. A person who- (a) trades; (b) possesses; or (c) disturbs the habitat, of a component of biological diversity in contravention of guidelines and measures prescribed under sections 66, 67 and 68 or other provisions of this Act, commits an offence and on conviction shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both. 189. A person who fails, neglects or refuses to comply with- (a) an environmental restoration order made under this Act; (b) an environmental easement, issued under this Act; and (c) an environmental conservation order made under this Act, Offences relating to biological diversity Offences relating to environmental restoration, easements and conservation orders order made under this Act, Offences relating to biological diversity Offences relating to environmental restoration, easements and conservation orders ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 552 commits an offence and on conviction shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both. ce and on conviction shall be liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years, or to both. 190.–(1) A person commits an offence who, without reasonable excuse or lawful justification- (a) deposits any litter in or on any public place; (b) deposits any litter in or on any private land without the consent of its occupier; (c) deposits any litter in or on any private land in the ownership or possession of a person who does not reside in Tanzania, whether or not that person consents to it; (d) deposits any inorganic litter in or on any land other than land designated or approved for the disposal of waste; (e) having deposited any litter whether in advertently or otherwise in or on any public place, or in or on any private land without the consent of its occupier, leaves the litter there after having been requested by an environment inspector to remove it; (f) refuses or fails to comply with the provisions of section 121; (g) refuses or fails to comply with a requirement made under section 122; or (h) refuses or fails to comply with a notice issued under section 122 or refuses or fails to comply with a decision of the permitting authority under that section, and on conviction shall be liable, in the case of- (i) an individual, to a fine not exceeding one million shillings; and (ii) in the case of a body corporate, to a fine not exceeding five million shillings. n individual, to a fine not exceeding one million shillings; and (ii) in the case of a body corporate, to a fine not exceeding five million shillings. (2) Where a person is convicted of an offence against this section, the court shall, in addition to imposing a penalty, order the offender, under the supervision and to the satisfaction of Offences relating to litter , the court shall, in addition to imposing a penalty, order the offender, under the supervision and to the satisfaction of Offences relating to litter ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.553 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] a person nominated by the court, to clear up and remove the deposited litter within the period and to a place as may be specified in the order, and on the making of any order, the court shall further order that, where the offender fails to comply with the order he is liable in addition to any other penalty imposed, to a fine not exceeding five hundred thousand shillings. ffender fails to comply with the order he is liable in addition to any other penalty imposed, to a fine not exceeding five hundred thousand shillings. (3) Where the court convicts a person of an offence against this section, the court may, if it thinks fit, in addition to imposing of penalty, order the offender to pay by way of compensation to the public authority having the control or management of the public place or as the case may be, the occupier of the private land where the offence was committed, a sum as it considers reasonable to cover the cost of the removal of the litter, and the amount so awarded shall be deemed to be a judgment debt due to the authority or occupier from the offender, and may be enforced in any manner in which a judgment or order of the court for the payment of a civil debt may be enforced. 191. A person, who commits an offence against any provision of this Act for which a specific penalty is not provided for, on conviction shall be liable to a fine of not less than fifty thousand shillings but not exceeding one billion shillings or to imprisonment for a term of not less than three months but not exceeding seven years or to both. hillings but not exceeding one billion shillings or to imprisonment for a term of not less than three months but not exceeding seven years or to both. 192.–(1) A conviction for an offence committed under this Act, shall not exonerate any person or body corporate from any civil proceeding which may be instituted under this Act. (2) A person shall not be deemed to have committed an offence by virtue of subsection (1) where that person proves that, the offence was committed without his knowledge or connivance and that he exercised all due care and diligence to prevent the commission of the offence having regard to the circumstances. General penalty Act No. 13 of 2016 s. 14 Civil liability re and diligence to prevent the commission of the offence having regard to the circumstances. General penalty Act No. 13 of 2016 s. 14 Civil liability ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 554 193.–(1) The court, before which a person is charged with an offence against this Act or any regulations made under this Act, may direct that, in addition to any other order- (a) upon the conviction of the accused; or (b) where it is satisfied that an offence was committed notwithstanding that no person has been convicted of the offence, order that the substances, equipment and appliances used in the commission of the offence be forfeited to the Government and, be or disposed of in the manner as the court may determine. (2) In making an order under subsection (1), the court may also order that, the cost of disposing of the substances, equipment and appliances referred to in subsection (1), be borne by the accused person. (3) The court may further order that, any licence, permit or other authorisation given under this Act and to which the offence relates be cancelled. . (3) The court may further order that, any licence, permit or other authorisation given under this Act and to which the offence relates be cancelled. (4) In addition to any fine imposed upon by the court, the court may order the accused person to do community work, which promotes the protection of the environment. (5) Without prejudice to the generality of this section, the court may also issue an environmental restoration order against the accused person in accordance with this Act, regulations, guidelines or standards made under this Act. 194.–(1) Notwithstanding the provisions of this Act relating to penalties, where a person, corporate or unincorporated admits in writing that he has committed an offence under this Act, the Director General or an environmental inspector authorised by him in writing may, subject to the regulations made under subsection (7), at any time prior to the commencement of the proceedings by a court of competent jurisdiction and by notification prescribed in the regulations, compound the offence and order the person to pay a sum of money together with all reasonable expenses the Council may have incurred in connection with the offence. Forfeiture, cancellation, community service and other orders Compounding of offences Act No. 5 of 2021 s. 42 incurred in connection with the offence. Forfeiture, cancellation, community service and other orders Compounding of offences Act No. 5 of 2021 s. 42 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.555 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (2) Where an offence is compounded in accordance with subsection (1) and criminal proceedings are brought against the offender for the same offence, it shall be a good defence for the offender to prove to the satisfaction of the Court that, the offence with which the offender is charged has been compounded under subsection (1): Provided that, the provision of this subsection shall not apply to an application for forfeiture order under subsection (4). (3) Where a person fails to comply with the order issued under subsection (1) within the prescribed period, the Director General may enforce the order in the same manner as a decree of a court for the payment of the amount stated in the notification. (4) Notwithstanding the provisions of subsections (1), the Director General may, in addition to the fine imposed under subsection (1), apply to the Court pursuant to section 193 for forfeiture of any instrument, article, vehicle or other thing, if any, in respect of which the offence has been committed. pursuant to section 193 for forfeiture of any instrument, article, vehicle or other thing, if any, in respect of which the offence has been committed. (5) The moneys charged under this section shall, unless otherwise directed by the Minister responsible for finance, be paid into the Consolidated Fund. (6) The Director General shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (7) The sum to be charged for a compoundable offence, forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act. 195.–(1) Where the Council has reasonable grounds to believe that, a person is or will be conducting an activity or is or will be in possession or control of a substance or thing that may result in an adverse effect on the environment or public health, it may serve a prevention order on that person. (2) A prevention order may require the person against whom it is made- (a) to create a written emergency response plan that is adequate to reduce or eliminate the risk; Prevention order to protect environment it is made- (a) to create a written emergency response plan that is adequate to reduce or eliminate the risk; Prevention order to protect environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 556 (b) to provide a copy of that plan to the Council; (c) to have any necessary equipment, facilities and trained personnel available to deal with the risk; (d) upon an identified event or set of circumstances occurring, to implement the plan; and (e) to take whatever other measures which may be necessary to ensure that, any emergency can be effectively responded to. (3) A person on whom a prevention order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. equirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. (4) A person who contravenes subsection (3), commits an offence and, on conviction, shall be liable to a fine of not more than one million shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence continued. (5) A person on whom a prevention order has been served may apply to the Minister for a review in accordance with procedure that the Minister may prescribe. 196.–(1) Where the Council has reasonable grounds to believe that an activity is resulting in or is likely to result in an adverse effect to the environment or public health, it may serve a protection order on- (a) the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment where the activity is occurring or will occur; or (b) a person who caused or permitted the activity. premises, vehicle, vessel, aircraft or equipment where the activity is occurring or will occur; or (b) a person who caused or permitted the activity. (2) A protection order may require the person on whom it is served to take any measures that will assist in avoiding, remedying or mitigating the adverse effects and, without Protection order against activities adverse on environment ures that will assist in avoiding, remedying or mitigating the adverse effects and, without Protection order against activities adverse on environment ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.557 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] limitation to the generality of subsection (1), to take any measure to- (a) stop the activity that is resulting in or is likely to result in, an adverse effect; (b) control the activity; (c) assess the actual or anticipated extent of the adverse effect; (d) remedy an adverse effect caused by the activity; or (e) to prevent a recurrence of the activity or the adverse effect. (3) A person on whom a protection order is served, shall comply with the requirements of the order by the date or dates specified in the order and where no date is specified, that person shall comply with the order immediately. irements of the order by the date or dates specified in the order and where no date is specified, that person shall comply with the order immediately. (4) A person who contravenes subsection (3), commits an offence and, on conviction, shall be liable to a fine of not exceeding one million shillings or to imprisonment to a term not exceeding one year and where the person fails to comply with a requirement specified in the protection order within the time specified, to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence continued. (5) A person on whom a protection order has been served may apply to the Minister for a review in accordance with the procedure that the Minister may prescribe. 197.–(1) A environmental inspector who observes the discharge of a contaminant into the environment in an amount, concentration or manner that constitutes a risk to human health or property or that causes or has the potential to cause adverse effects on the environment may serve an emergency protection order on- (a) the owner, manager or person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was or is being made; Emergency protection order or person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was or is being made; Emergency protection order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 558 (b) a person who, at the time when the discharge occurred, was the owner, manager of person in control of the premises, vehicle, vessel, aircraft or equipment from which the discharge was made; or (c) a person who caused or permitted the discharge. (2) An emergency protection order may require the person on whom it is served to take any measures that shall assist in reducing or eliminating the risk or harm and without limitation to generality of the foregoing, to take any measures to- (a) stop the discharge; (b) control the discharge; (c) clean up or remove the contaminant or other substance from any place; or (d) prevent a recurrence of the discharge. (3) A person on whom an emergency protection order is served shall comply with the requirements of the order by the date or dates specified in the order and where no date is specified that person shall comply with the order immediately. uirements of the order by the date or dates specified in the order and where no date is specified that person shall comply with the order immediately. (4) A person who contravenes subsection (3), commits an offence and on conviction, shall be liable to a fine not exceeding ten million shillings or to imprisonment to a term not exceeding one year and where the person has failed to comply with a requirement specified in the order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shilling for every day or part of a day after the date specified in the order during which the offence continues. (5) A person on whom an emergency protection order has been served may apply to the Minister for a review in accordance with procedure that the Minister may prescribe. 198.–(1) Where the Council has reason to believe that, any condition of a licence issued in relation to the conduct of any activity has been breached, the Council may serve a compliance order on the licence holder requiring that person to remedy the breach within a reasonable period stipulated in the order Environmental compliance order der on the licence holder requiring that person to remedy the breach within a reasonable period stipulated in the order Environmental compliance order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.559 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] failure of which the Council may require the competent authority issuing such licence to cancel such licence. (2) The compliance order may- (a) temporarily suspend the licence with immediate effect or otherwise as the Council may consider to be that this is necessary to prevent or mitigate an imminent risk of significant adverse effects to the environment or to human health occurring; and (b) require the licence holder to take specified measures to prevent or abate any adverse effect. (3) Where the licensee fails to comply with the compliance order, the Council may- (a) take the necessary steps to remedy the breach and recover the cost from the licence holder; (b) ask the relevant authority to alter the conditions of the licence; or (c) cause revocation of the licence. (4) A person on whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and where no date is specified, the person shall comply with the order immediately. uirements of the order by the date or dates specified in the order and where no date is specified, the person shall comply with the order immediately. (5) A person who contravenes subsection (4), commits an offence and on conviction, shall be liable to a fine not exceeding ten million shillings or to imprisonment to a term not exceeding one year and where the person has failed to comply with a requirement specified in the order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shilling for every day or part of a day after the date specified in the order during which the offence continued. (6) A person on whom a compliance order has been served may apply to the Minister for a review in accordance with procedure that the Minister may prescribe. 199.–(1) Where a person fails to comply with any requirement in an order under this Part, the Council may cause the required Cost order may prescribe. 199.–(1) Where a person fails to comply with any requirement in an order under this Part, the Council may cause the required Cost order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 560 measures to be taken and may issue a cost order requiring that person to reimburse the Council for the cost of taking the measures. (2) A person to whom a cost order has been issued may, within thirty days of the order being served, apply to the Minister for a review of the order in accordance with procedure that the Minister may prescribe. (3) Where an application for the review of a cost order is not made within the period specified in subsection (2), the order for cost may be enforced as if it were an order of court. 200. ew of a cost order is not made within the period specified in subsection (2), the order for cost may be enforced as if it were an order of court. 200. A person who- (a) hinders or obstructs an environmental inspector in the execution of his duties under this Act; (b) fails to comply with a lawful order or requirements made by any environmental inspector in accordance with this Act; (c) refuses an environmental inspector entry upon any land or into any premises which he is empowered to enter by this Act; (d) impersonates an environmental inspector; (e) refuses an environmental inspector access to records kept in accordance with this Act; (f) fails to state or wrongly states his name or address to an environmental inspector in the course of his duties under this Act; or (g) misleads or gives wrong information to an environmental inspector under this Act, commits an offence and on conviction shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding seven years or to both. e and on conviction shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding seven years or to both. 201.–(1) Where a body corporate commits an offence under this Act, a director or partner and any other person concerned in the management of that body corporate, commits the offence unless that person proves that- (a) the offence was committed without his consent or connivance; and Offences in relation to environmental inspectors Liability of managers of bodies corporate ffence was committed without his consent or connivance; and Offences in relation to environmental inspectors Liability of managers of bodies corporate ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.561 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (b) the person exercised due diligence to prevent the commission of the offence as ought to have been exercised by that person having regard to the nature of his functions in that capacity and to all the circumstances. (2) The director or partner and any other person concerned in the management of a body corporate to which a licence or order has been issued under this Act shall take reasonable steps to prevent that body corporate from contravening or failing to comply with the licence or order. (3) A person who contravenes the provisions of subsection (2), commits an offence and on conviction shall be liable to a fine not exceeding five million shillings or to imprisonment to a term not exceeding one year or to both. 202. and on conviction shall be liable to a fine not exceeding five million shillings or to imprisonment to a term not exceeding one year or to both. 202. An individual or legal persons may bring action and seek appropriate relief in respect of any breach, violation or threatened breach or violation of any provision of this Act or of any use of article, substance or natural resources- (a) in that individual’s or legal persons own interest; (b) in the interest or on behalf of a person who is, for practical reasons, unable to bring such action; (c) in the interest of or on behalf of a group or class of person whose interests are affected; (d) in the public interest; and (e) in the interest of the environment or other habitats. 203.–(1) Except as otherwise specified in this Act, it shall be a defence for a person charged to prove that, he took reasonable precautions and exercised due diligence to prevent the commission of the offence as ought to have been exercised by that person having regard to surrounding circumstances. (2) It shall not be a defence to a charge under this Act that the defendant was rendered unable to comply with any order or perform any act or function or an act or omission of another person that would have likewise constituted a contravention of this Act. Right of individual and legal persons to sue Defence t or omission of another person that would have likewise constituted a contravention of this Act. Right of individual and legal persons to sue Defence ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 562 PART XVII ENVIRONMENTAL APPEALS TRIBUNAL 204.–(1) There shall be established the Environmental Appeals Tribunal which shall consist of- (a) a Chairman who shall be appointed by the President from amongst the persons qualified to be appointed a judge; (b) an advocate of the High Court of Tanzania recommended by the Tanganyika Law Society; (c) one member with high academic qualifications and experience in environmental law; and (d) two other members who have demonstrated exemplary professional competence in the field of environmental management. (2) The members referred to in paragraphs (b), (c) and (d) shall be appointed by the Minister. (3) The Chairman and other members shall hold office for a term of three years and shall be eligible for reappointment for one further term. (4) The appointment of members of the Tribunal shall be made at different times so that the respective expiry dates of their terms of office shall fall at different times. f members of the Tribunal shall be made at different times so that the respective expiry dates of their terms of office shall fall at different times. (5) The Chairman of the Tribunal may invite any persons with special skills or knowledge on environmental issues which are the subject matter of any proceedings or inquiry before the Tribunal to act as amicus curiae where it appears to the Tribunal that, special skills or knowledge are required for proper determination of that matter. 205. The sources of funds for the Tribunal shall consist of- (a) sum of money as may be appropriated by the Parliament; and (b) sum of money as may be charged on the Fund for the purpose of enforcement of sustainable management of the environment. Establishment and composition of Tribunal Sources of funds for Tribunal d for the purpose of enforcement of sustainable management of the environment. Establishment and composition of Tribunal Sources of funds for Tribunal ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.563 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 206.–(1) The Tribunal shall exercise an appellate jurisdiction under this Act in respect of matters referred before it pursuant to the provisions of subsection (2). (2) A person who is aggrieved by- (a) the decision or omission by the Minister; (b) the imposition of or failure to impose any condition, limitation or restriction issued under this Act or the regulations made under this Act; and (c) the decision of the Minister to approve or disapprove an environmental impact statement, may within thirty days after the occurrence of the event against which he is dissatisfied, appeal to the Tribunal in such manner as may be prescribed by the Tribunal. (3) Upon hearing of the appeal, the Tribunal may- (a) confirm, vary or set aside the order, notice, direction or decision complained about; or (b) make other order as to costs as it may deem fit. (4) Where an appeal has been preferred, the Tribunal may issue any order which it may deem necessary in the circumstances of the subject of appeal. t. (4) Where an appeal has been preferred, the Tribunal may issue any order which it may deem necessary in the circumstances of the subject of appeal. (5) Notwithstanding the provisions of subsection (2), the Council may, where it appears to it that, a matter involving interpretation of this Act and which is not contentious or not likely to be subject of further litigation, refer the matter to the Tribunal for direction. 207.–(1) The Chairman and two members of the Tribunal shall constitute a quorum. (2) The Chairman shall preside over the meetings of the Tribunal, on his absence, by any member elected by members present at that meeting. (3) A member of the Tribunal who has interest in any matter which is the subject of the proceedings before the Tribunal shall not take part in those proceedings. Jurisdiction of Tribunal Proceedings of Tribunal which is the subject of the proceedings before the Tribunal shall not take part in those proceedings. Jurisdiction of Tribunal Proceedings of Tribunal ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 564 (4) The Tribunal shall regulate its own procedure and shall not be bound by rules of procedure or evidence as set out in the Criminal Procedure Act, Civil Procedure Code and the Law of Evidence Act, (5) A person who is a party to proceedings before the Tribunal may appear in person, by an advocate or by a legal representative. (6) The Tribunal may, for purposes of proceedings before it- (a) make orders intended to secure the attendance of any person at any place where the Tribunal is sitting; (b) make orders for discovery or production of any document concerning a matter before it or the investigation of any contravention of this Act as it deems necessary or expedient; (c) take evidence on oath and may, for that purpose, administer oaths; and (d) summon on its own motion or upon request, any person as a witness. ent; (c) take evidence on oath and may, for that purpose, administer oaths; and (d) summon on its own motion or upon request, any person as a witness. (7) A person who- (a) fails to enter appearance before the Tribunal after having been required to do so; (b) refuses to take oath before the Tribunal or refuses to produce any article or document when lawfully required to do so; (c) knowingly gives false evidence or information which he knows to be misleading before the Tribunal; and (d) at any sitting of the Tribunal, interrupts the proceedings or commits any contempt of the Tribunal, commits an offence. 208.–(1) The Tribunal after hearing the appeal or any matter referred to it by the Council shall- (a) inquire into the matter and make an award in form of a directive, order or recommendation; (b) notify concerned parties of the award; and Cap. 20 Cap. 33 Cap. 6 Awards of Tribunal ake an award in form of a directive, order or recommendation; (b) notify concerned parties of the award; and Cap. 20 Cap. 33 Cap. 6 Awards of Tribunal ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.565 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (c) specify the period within which the award is to be complied with. (2) The award of the Tribunal shall be binding and may be enforced as if it were a decree of the court. 209.–(1) A party who is aggrieved with the decision or any order of the Tribunal on a point of law, may appeal to the High Court within thirty days of the decision or order. (2) An appeal to the High Court shall be heard and determined by a panel of three Judges. (3) The decision of the High Court on any appeal under this section shall be final. 210.–(1) The Chairman or other members or officers of the Tribunal shall not be liable for prosecution or sued in any court for an act done or omitted to be done in good faith in the discharge of their duty as members or officers of the Tribunal, whether or not within the limits of their jurisdiction. o be done in good faith in the discharge of their duty as members or officers of the Tribunal, whether or not within the limits of their jurisdiction. (2) An officer of the Tribunal or other person bound to execute the lawful warrants, orders or other process of the Tribunal shall not be liable for prosecution or be sued in any court for the execution of a warrant, order or process which he would have been bound to execute within the limit of the jurisdiction of the Tribunal. 211. There shall be paid to the Chairman and members of the Tribunal such remuneration and allowances as the Minister shall determine. 212.–(1) The Chief Justice shall designate any judicial officer to be the Registrar of the Tribunal. (2) The Registrar shall have and perform functions as are conferred upon him within the jurisdictional functions of the Tribunal as may be directed by the Chairman. Appeals to High Court Immunity of members of Tribunal Remuneration of members of Tribunal Appointment of Registrar as may be directed by the Chairman. Appeals to High Court Immunity of members of Tribunal Remuneration of members of Tribunal Appointment of Registrar ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 566 PART XVIII NATIONAL ENVIRONMENTAL TRUST FUND 213.–(1) There is established a Fund to be known as the National Environmental Trust Fund into which moneys received by the Fund shall be paid. (2) The sources of money payable into the Fund shall consist of- (a) sums of money as may be appropriated by the Parliament; (b) sums of money as may be payable to the Fund by way of donation, gifts, grants, or bequests by the Government, other agencies, individual persons or another government or international organisations; (c) other sums or property which may, in any manner become payable to or vested in the Fund in respect of any matter incidental to its powers and duties; (d) any income generated by any project financed by the Fund, due allowance being made for any necessary expenses which may be met by any such project; and (e) a levy of the amount to be determined by the Minister in the regulations from prescribed fee payable under this Act. met by any such project; and (e) a levy of the amount to be determined by the Minister in the regulations from prescribed fee payable under this Act. (3) There may be charged on and paid out of the Fund sums of money as may be expended for management of environment and administrative functions of the Fund. 214.–(1) The objectives of the Trust Fund shall be to- (a) facilitate research intended to further the requirement of environmental management; (b) foster capacity building; (c) confer environmental awards; (d) issue environmental publications; (e) provide scholarships; (f) promote and assist through grants, community based environmental management programmes; and Establishment of National Environmental Trust Fund Objectives of Fund assist through grants, community based environmental management programmes; and Establishment of National Environmental Trust Fund Objectives of Fund ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.567 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (g) pay for the costs of the meetings of the National Environmental Advisory Committee and of the Board of Trustees. (2) The Board of Trustees on recommendation of the National Environmental Advisory Committee, may determine that certain donations of the Trust Fund be applied specifically for prizes and awards for exemplary services to the environment and to be applied by the recipient exclusively to the management of the environment. 215.–(1) The Fund shall vest in the Board of Trustees and be administered as such. (2) The Board of Trustees shall be appointed by the Minister and consist of persons who possess the qualities prescribed in the Fourth Schedule. (3) The Director of Environment shall be the accounting officer of the Fund and subject to any specific direction of the Board of Trustees, manage the Fund in accordance with sound and prudent public financial practice. e Fund and subject to any specific direction of the Board of Trustees, manage the Fund in accordance with sound and prudent public financial practice. 216.–(1) The Board of Trustees shall cause to be kept and maintained proper books of accounts and records with respect to- (a) the receipt and expenditure of moneys and other annual financial transactions of the Fund; (b) the assets and liabilities of the Fund, and shall cause to be made out, for every financial year, a balance sheet and a statement showing details of the income and expenditure of the Fund and its assets and liabilities. (2) Not later than six months after the close of every financial year, the accounts including the balance sheet of the Fund relating to that financial year shall be audited by the Controller and Auditor-General in accordance with the provisions of the Public Finance Act. (3) As soon as the accounts of the Fund have been audited, and in any case, not later than six months after such audit, Composition and administration of Fund Annual accounts and audit of fund Cap. 348 udited, and in any case, not later than six months after such audit, Composition and administration of Fund Annual accounts and audit of fund Cap. 348 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 568 the Board of Trustees shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report made by the auditors. (4) As soon as practicable, after receipt of the copy of the statement together with the copy of the report submitted pursuant to subsection (3), the Minister shall lay a copy of the statement together with a copy of the auditors’ report before the National Assembly. PART XIX FINANCIAL PROVISIONS 217. The funds of the Council shall consist of- (a) sum of money as may be appropriated by the Parliament; (b) sum of money as may be received by the Council by way of donation, gift, grant, loan or bequest; (c) any fees that may be charged and payable by the Council; (d) any income generated by any project financed by the Council, due allowance being made for any necessary expenses which may be met by any such project; and (e) any other lawful source of income. 218.–(1) The Council shall open and maintain an account or accounts with commercial banks. ny such project; and (e) any other lawful source of income. 218.–(1) The Council shall open and maintain an account or accounts with commercial banks. (2) The income and property as well as revenues of the Council acquired in accordance with section 217 shall be applied exclusively to the fulfillment of the object of the Council. 219.–(1) The Board with approval of the Minister of Finance, may obtain loans or credit facilities from any institution for the purposes of the Council upon terms and conditions relating to repayment of the principal and the payment of interests. (2) The Board, if it is of the opinion that, the public interest requires and, subject to approval of the Minister, secure the payment of money by mortgage, charge or lien of its undertaking or property, both present or future, or any part of Sources of funds of Council Bank account and appropriation of funds Power to raise and guarantee loans roperty, both present or future, or any part of Sources of funds of Council Bank account and appropriation of funds Power to raise and guarantee loans ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.569 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] it, and by issuance of debenture, stock, bills, bonds and other means as the Board may deem fit or guarantee the repayment of interest on a loan made to any person engaged in the management of environment in Tanzania. 220. The Board may invest any part of the moneys available in any account of the Council which is not for the time being required for the purposes of the functions of the Council. 221.–(1) The Board not less than two months before the beginning of every financial year shall pass a detailed budget in this Act called the “Annual Budget” of the amounts respectively- (a) expected to be received; and (b) expected to be disbursed, by the Council during that financial year and, whenever circumstances so require, the Board may pass a supplementary budget in any financial year. ed, by the Council during that financial year and, whenever circumstances so require, the Board may pass a supplementary budget in any financial year. (2) Where in any financial year, the Council requires to make any disbursement not provided for, or of an amount in excess of the amount provided for in the annual budget for any year, the Board shall, at a meeting, pass a supplementary budget detailing such disbursement. 222.–(1) The Board shall cause to be provided and kept in accordance with international accounting standards on an accruals basis, proper books of accounts and records with respect to- (a) the receipt and expenditure of moneys by, and other financial transactions of the Council; and (b) the assets and liabilities of the Council, and shall cause to be made out for every financial year a balance sheet showing the details of the income and expenditure of the Council and its assets and liabilities. (2) Within six months of the close of every financial year the accounts including the balance sheet of the Council shall be audited by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act. Investments by Council Annual and supplementary budget Accounts and audit Cap. 418 -General in accordance with the provisions of the Public Audit Act. Investments by Council Annual and supplementary budget Accounts and audit Cap. 418 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 570 (3) An audited balance sheet shall be placed before a meeting of the Board and, if adopted by the Board, be endorsed with a certificate that, it has been so adopted. (4) As soon as the accounts of the Council have been audited, and in any case not later than six months after the close of the financial year, the Board shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report on that statement made by the auditors. 223.–(1) The Council shall cause to be prepared and submitted to the Minister within six months after the close of each financial year an annual report detailing generally activities and operations of the Council during that year. (2) The report shall be accompanied by- (a) a copy of the audited accounts of the Council together with auditor’s report on the accounts; (b) a statement on implementation of directions given by the Minister to the Council during a year in question; and (c) other information as the Minister may direct. on implementation of directions given by the Minister to the Council during a year in question; and (c) other information as the Minister may direct. (3) The Council shall also submit to the Minister other reports on its financial affairs as the Minister may, by writing, request. (4) The Minister shall, as soon as the report is submitted to him, lay before the National Assembly the audited accounts of the Council together with the auditor’s report, if any, on the accounts and the annual report of the Council. PART XX GENERAL AND TRANSITIONAL PROVISIONS 224. Unless specifically provided otherwise, the provisions of this Act, regulations and orders made under it shall bind the Government. Annual report Act to bind Government y provided otherwise, the provisions of this Act, regulations and orders made under it shall bind the Government. Annual report Act to bind Government ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.571 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 225. In addition to the system of criminal enforcement provided for under this Act or any other written laws, the recourse to civil enforcement shall continue to give individuals who are injured by a violation of this Act, a right to obtain compensation from the violator through private civil suits. 226. In order to enforce environmental standards and duties, the range of remedies available to a person injured or threatened to be injured shall include- (a) temporary or permanent injunctions; (b) specific performance orders; (c) fines and penalties; (d) compensation; (e) restoration orders, conservation orders, easement orders; (f) compliance orders; (g) imprisonment; and (h) any other remedy as the Tribunal or court may determine or any administrative measure as may be prescribed by the Minister. 227.–(1) The Minister shall prescribe in the regulations activities or processes which threaten the environment of which environmental performance bond may be required. ter shall prescribe in the regulations activities or processes which threaten the environment of which environmental performance bond may be required. (2) An environmental performance bond shall be deposited with the Director of Environment as security for good environmental practice until its refund to the depositor. (3) The environmental performance bond shall be returned to the operator of activity or process upon the satisfaction of the conditions set by the Minister. (4) The Director of Environment shall give the operator of an activity or process an opportunity to be heard before confiscating the environmental performance bond. (5) An environmental performance bond shall be confiscated in whole or in part when the Director of Environment finds an operator’s practices violate the provisions of this Act, including the conditions of any certificate, licence or permit issued under this Act. Saving over recourse to civil litigation Range of remedies to injured Environmental performance bond ificate, licence or permit issued under this Act. Saving over recourse to civil litigation Range of remedies to injured Environmental performance bond ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 572 (6) Where an environmental performance bond is confiscated under subsection (5), shall be used to rehabilitate a degraded environment. 228.–(1) The Minister shall make regulations prescribing the right to compensation for those who suffer damages while protecting the environment. (2) A person who violates environmental protection standards causing any damage shall compensate for the damages and costs of remedying the consequences. 229.–(1) The Minister shall prepare guidelines for the management of environmental emergencies including- (a) major oil spills and gas leakages; (b) spills of other hazardous substances; (c) industrial accidents; (d) natural and climate change related disaster such as floods, cyclones, droughts and major pest infestations or other instructions of alien species of fauna and flora; (e) influx of refugees, and (f) fire. loods, cyclones, droughts and major pest infestations or other instructions of alien species of fauna and flora; (e) influx of refugees, and (f) fire. (2) With a view to prepare an emergency preparedness plan appropriate to the risk anticipated in any establishment, premises or any area of land, the Minister shall make consultation with the Disaster Management Department, Government and private institutions, relevant organisation as well as individual persons. 230.–(1) The Minister may make regulations for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1) may- (a) provide for the issue, amendment and revocation of any licence issued under this Act; (b) prescribe fees and levies to be charged under this Act; (c) provide for the protection of any particular species of fauna and flora; Right to compensation Environmental emergency preparedness Regulations t; (c) provide for the protection of any particular species of fauna and flora; Right to compensation Environmental emergency preparedness Regulations ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.573 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.573 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (d) provide for the control or restriction of access to genetic resources of Tanzania and provide for fees payable in respect of accessing; (e) provide procedure for import and export of germ plasm; (f) provide for the control of the manufacture, importation, exportation, collection, transportation, treatment, storage, recycling, recovery or disposal of substances which may be hazardous to the environment and public health; (g) provide for the disposal of waste generally; (h) provide for Environmental Impact Assessment and specify sizes of projects and activities specified in the Third Schedule; (i) provide for the control of ozone depleting substances; (j) right to compensation for those who suffer damages while protecting the environment; (k) prescribe procedure and the manner for preparation, adoption and implementation of Environmental Action Plan; (l) provide for sustainable management of protected wetlands; (m) provide for the protection and for integrated management of coastal zone; (n) provide for in-situ and ex-situ biodiversity conservation; (o) provide for biosafety procedure and measures; (p) provide for management of persistent organic pollutants; (q) provide for conducting of environmental audit; (r) provide for the carrying out of a strategic environment assessment; and (s) prescribe anything required or permitted to be prescribed under this Act. provide for the carrying out of a strategic environment assessment; and (s) prescribe anything required or permitted to be prescribed under this Act. 231.–(1) [Repeals the National Environment Management Act.] (2) Notwithstanding the repeal of the National Environment Management Act, appointments, orders, notices, or anything given or made under the repealed Act shall be deemed to have been made under this Act and remain in force and effect until Repeal and Savings Act No. 19 of 1983 ade under the repealed Act shall be deemed to have been made under this Act and remain in force and effect until Repeal and Savings Act No. 19 of 1983 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 574 such appointments, orders, notices or anything given or made is cancelled, revoked, rescinded or otherwise withdrawn by an instrument or order made under or in pursuance to the provisions of this Act. (3) Without prejudice to the provisions of subsections (1) and (2), appointment of the Director General, members of the Board of the National Environmental Management Council shall stand made and employments or contracts of service made with respect to the performance of the functions or the exercise of the powers conferred on the Council before the commencement of this Act, shall be treated as if they were made, performed or exercised pursuant to the provisions of this Act. (4) This section shall not operate so as to prevent an employee or appointee from resigning or being terminated. 232. t to the provisions of this Act. (4) This section shall not operate so as to prevent an employee or appointee from resigning or being terminated. 232. Where the provision of this Act is in conflict or is otherwise inconsistent with a provision of any other written law relating to environmental management, the provisions of this Act shall prevail to the extent of such inconsistency. 233. The Minister as soon as may be practicable after the enactment of this Act, shall cause this Act to be translated into Kiswahili and that translation shall be published in the Gazette, circulated to the general public and in any other manner and forms as will enable the citizens of Tanzania to gain access to that translation. Inconsistency with other legislation Act to be translated into Kiswahili s as will enable the citizens of Tanzania to gain access to that translation. Inconsistency with other legislation Act to be translated into Kiswahili ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.575 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] FIRST SCHEDULE (Made under section 11(3)) COMPOSITION, MEETING AND PROCEDURE OF THE NATIONAL ENVIRONMENTAL ADVISORY COMMITTEE 1. [CAP. 191 R.E. 2023] FIRST SCHEDULE (Made under section 11(3)) COMPOSITION, MEETING AND PROCEDURE OF THE NATIONAL ENVIRONMENTAL ADVISORY COMMITTEE 1. The National Environmental Advisory Committee shall consist of- (a) the Permanent Secretary of the Ministry responsible for environment who shall be the Chairman; (b) the Director of Environment who shall be the Secretary; (c) the Commissioner for Minerals; (d) the Director of Forestry; (e) the Director of Wildlife; (f) the Director of Water Resources; (g) the Director of Crop Production; (h) the Commissioner for Energy; (i) the Director of Human Settlements; (j) the Director of Roads; (k) the Director of Local Government; (l) the Director of Industries; (m) the Director of Veterinary Services; (n) the Director of Disaster Management; (o) the Commissioner for Lands; (p) the Director of Fisheries; (q) the Director of Animal Production; (r) a representative of the Attorney General; (s) a representative from the Ministry responsible for community development; (t) the Director General of NEMC; (u) the Director of Preventive Services from the Ministry responsible for health; (v) Government Chemist; (w) a representative from the higher learning institutions; (x) a representative from civil societies organisations; and (y) a representative of private sector institutions. 2. the higher learning institutions; (x) a representative from civil societies organisations; and (y) a representative of private sector institutions. 2. At its first meeting, members of the Committee shall elect amongst their number a Vice-Chairman. 3. Members of the Committee other than those appointed by virtue of their offices, shall hold office for three years and, unless their membership is oth- erwise terminated due to misconduct or non attendance without excuse three successive meetings of the Committee, shall be eligible to reap- pointment for one further term. Composition of NEAC Vice-Chairman Tenure of office ee successive meetings of the Committee, shall be eligible to reap- pointment for one further term. Composition of NEAC Vice-Chairman Tenure of office ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 576 4.–(1) The National Environmental Advisory Committee shall meet at times and places as the Chairman may, after consultation with the Sec- retary, determine. (2) An ordinary meeting of the Committee shall be convened by the Chairman and the notice specifying the place, date, and time of, and agenda for, the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before the date of the meeting. (3) The Chairman or in his absence, a member elected to act as chairman, shall convene a special meeting of the Committee in writing signed by not less than three members of the Committee and, where such special meeting is convened, the agenda for such meeting shall be circulated to each member at his usual place of business or residence at least not less than three days before the date of the meeting. (4) A meeting of the committee shall be presided over by the Chairman or in his absence, by a member elected by those members present at that meeting. 5. A meeting of the committee shall be presided over by the Chairman or in his absence, by a member elected by those members present at that meeting. 5. Without prejudice to paragraph 1, the Chairman of the National En- vironmental Advisory Committee may invite any person who is likely to render assistance in the deliberations of the Committee. 6. The quorum at any meeting of the Committee shall be half of the members. 7.–(1) The Committee may establish sub-Committees as it deems fit to enable it to discharge its functions. (2) The Committee and any sub-Committees established by the Committee shall have the power to co-opt any person to the committee or sub-Committee either generally or for a specific item of business and the co-opted person shall have all the rights and duties of a member of the Committee or sub-Committee except that the co-opted person shall not have any right to vote on any matter before the Committee or sub-Committee. 8. he Committee or sub-Committee except that the co-opted person shall not have any right to vote on any matter before the Committee or sub-Committee. 8. A member who has any interest, direct or indirect in any matter com- ing before the Committee or sub-Committee shall, as soon as is reason- ably practicable, disclose the nature of that interest to the Chairman or Vice-Chairman and shall not, thereafter take part in any decision on that matter nor, except with the consent of a majority of the members present at that meeting, take part in any deliberations of that meeting. 9. Subject to the provisions of this Schedule, the Committee shall regu- late its own proceedings. 10. The Committee shall prepare an annual report setting out its cur- rent activities and indicating its future activities. Meetings and power to convene meetings Invited persons Quorum Sub-Committee Conflict of interest Committee to regulate its proceedings Reports of activities of Committee to convene meetings Invited persons Quorum Sub-Committee Conflict of interest Committee to regulate its proceedings Reports of activities of Committee ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.577 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] SECOND SCHEDULE (Made under section 20(2)) PROCEDURE FOR THE CONDUCT OF BUSINESS BY THE BOARD 1. The Members shall elect one of their number to be the Vice-Chair- man of the Council and shall, subject to his continuing to be a member hold office for a term of one year from the date of election, and shall be eligible for re-election. 2.–(1) A member shall, unless his appointment is sooner terminated by the President or as the case may be, by the Minister or he ceases in any other way to be a member, hold office for the period specified by the President in the case of the Chairman or by the Minister, in the case of any other member, in the instrument of his appointment or where no period is so specified, for a period of three years from the date of his appointment and shall be eligible for re-appointment. appointment or where no period is so specified, for a period of three years from the date of his appointment and shall be eligible for re-appointment. (2) A member appointed under subparagraph (1) may at any time resign from his office by giving notice in writing to the President or, as the case may be, to the Minister, and from the date specified in the notice or, where no date is so specified, from the date of the receipt of the notice by the President or the Minister, he shall cease to be a member. (3) Where a member of the Council who is a member by virtue of his holding some other office is unable for any reason to attend any meeting he may nominate in writing another person from his ministry or organisation to attend that meeting in his place. 3. The appointment of a member of the Board may be terminated by the appointing authority where the member- (a) is adjudged bankrupt or enters into a composition or scheme of arrangement with his creditors; (b) is convicted of an offence and sentenced to imprisonment for a term of six months without option of fine; (c) is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Board; or (d) becomes, for any reason, incapable or incompetent of properly performing the functions of the office of a member. 4. as a member of the Board; or (d) becomes, for any reason, incapable or incompetent of properly performing the functions of the office of a member. 4. Where a member dies or resigns or otherwise vacates office before the expiry of the term of office, the appointing authority shall appoint an- other person in place of such a member who shall hold office for re- mainder of the term of office of his predecessor. 5.–(1) The Chairman shall preside at all meetings of the Council. (2) Where at any meeting of the Council, the Chairman is absent the Vice-Chairman shall preside. Vice-Chairman Tenure of appointment Termination and cessation of membership Alternate members Presiding of meeting nt the Vice-Chairman shall preside. Vice-Chairman Tenure of appointment Termination and cessation of membership Alternate members Presiding of meeting ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 578 (3) In the absence of both the Chairman and the Vice-Chairman at any meeting of the Council, the members present shall, from amongst their number elect a temporary Chairman who shall preside at the meeting. (4) The Chairman or a person presiding at the meeting of the Council, shall in the event of an equality of votes, have a casting vote in addition to his deliberative vote. 6.–(1) Subject to subparagraph (2), the Council shall ordinarily meet three times during every year for the transaction of its business. (2) The Council may hold an extra-ordinary meeting where requested in writing by half of the members or at any other time where exigency so requires. (3) The Chairman or, in his absence from the United Republic, the Vice-Chairman may, and upon application in writing by at least five members convene a special meeting of the Council at any time. (4) The Secretary of the Council shall give to each member adequate notice of the time and place of each meeting. meeting of the Council at any time. (4) The Secretary of the Council shall give to each member adequate notice of the time and place of each meeting. (5) The Council may invite any person who is not a member to participate in the deliberation of any meeting of the Council, but a person so invited shall not be entitled to vote. 7. At any meeting of the Council, not less than one half of the members in office for the time being shall constitute a quorum. 8.–(1) Subject to the provisions relating to a casting vote, all questions relating to a casting vote, all question at a meeting of the Council shall be determined by majority of the votes of the members present. (2) Notwithstanding the provisions of subparagraph (1), a decision may be made by the Council without meeting by circulation of the relevant papers among the members, and the expression in writing of the views of the majority of the members. 9.–(1) The Council shall cause to be recorded and kept minutes of all business conducted or transacted at its meeting and the minutes of each meeting of the Council shall be read and confirmed or amended and confirmed, at the next meeting of the Council and signed by the person presiding at the meeting. he Council shall be read and confirmed or amended and confirmed, at the next meeting of the Council and signed by the person presiding at the meeting. (2) The minutes purporting to be signed by the person presiding at a meeting of the Council shall, in the absence of proof or error, be deemed to be a correct record of the meeting, whose minutes they purport to be. 10. The validity of any act or proceeding of the Council shall not be affected by any vacancy among its members or by any defect in the ap- pointment of any of them. 11. The orders, directions, notices or other documents issued or on be- half of the Council shall be signed by- Meeting and procedure of Council Quorum Decision of council Records and minutes Vacancies, etc., not to invalidate proceedings Orders, directions by- Meeting and procedure of Council Quorum Decision of council Records and minutes Vacancies, etc., not to invalidate proceedings Orders, directions ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.579 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] (a) the Chairman; or (b) the Secretary or any officer or officers of the Council authorised in writing in that behalf by the Secretary. 12. The seal of the Council shall not be affixed to any instrument except in the presence of the Chairman or the Secretary or some other officer of the Council and at least one member of the Council. 13. Subject to the provisions of this Schedule, the Council may regulate its own proceedings. THIRD SCHEDULE (Made under sections 81(1) and 102(1)) TYPE OF PROJECTS WHICH REQUIRE ENVIRONMENTAL IMPACT ASSESSMENT 1. General- (a) any activity out of character with its surrounding; (b) any structure of a scale not in keeping with its surrounding; and (c) major changes in land use. 2. Urban Development. 3. Transportation. 4. Dams, rivers and water resources. 5. Aerial spraying. 6. Mining, including quarrying and open-cast extraction. 7. Forestry related activities. 8. Agriculture including animal production. 9. Processing and manufacturing industries. 10. and open-cast extraction. 7. Forestry related activities. 8. Agriculture including animal production. 9. Processing and manufacturing industries. 10. Electrical infrastructure. 11. Management of hydrocarbons including the storage of natural gas and combustible or explosive fuels. 12. Waste disposal. 13. Natural conservation areas. 14. Nuclear reactors. 15. Major development in biotechnology including the introduction and testing of Genetically Modified Organisms. 16. Any other activity as may be prescribed in the regulations. Seal of Council Council may regulate its proceedings f Genetically Modified Organisms. 16. Any other activity as may be prescribed in the regulations. Seal of Council Council may regulate its proceedings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. . All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] 580 FOURTH SCHEDULE (Made under section 215(2)) COMPOSITION AND PROCEEDINGS OF THE BOARD OF TRUSTEES OF THE FUND 1.–(1) Members of the Board of Trustees shall, subject to the provisions of subparagraph (2), consist of members whose number shall not be less than seven and not more than nine being- (a) a Chairman who shall be a person of proven quality and integrity who has achieved high office or distinction in Tanzania on public administration who shall be appointed by the President; (b) a senior representative of the Ministry responsible for finance; (c) a senior representative of the Ministry responsible for environment; (d) a member from institutions concerned with training in environmental management; (e) a registered accountant; (f) a legally qualified person from the Office of the Attorney General; (g) a member from Non-Governmental Organisations concerned with the environmental management; (h) a representative of the Ministry responsible for local government authorities; and (i) a representative of environmental management research institutions. (2) Not less than three of the members shall be women. rnment authorities; and (i) a representative of environmental management research institutions. (2) Not less than three of the members shall be women. (3) The Board of Trustees may invite any person who is not a member to participate in the deliberations of any meeting of the Board of Trustees, but a person so invited shall not be entitled to vote. 2. The trustees shall elect from amongst their number a Vice-Chairman who shall hold office for two years but shall be, subject to remaining a trustee eligible to be re-elected for one further term of two years. 3. The trustees shall hold office for three years and except where their membership is terminated for misconduct or other sufficient reason, shall be eligible to be re-appointed for one further term. 4. An officer responsible for financial matters of the Fund shall attend the meeting of the trustees as an ex-official member when matters con- nected with the management of the Fund are discussed. 5.–(1) Subject to the provisions of subparagraph (2), an ordinary meet- ing of the trustees shall be convened by the Chairman and the notice specifying the date, time, agenda and place for the meeting together Composition of Board of Trustees Act No. 13 of 2016 s. 15 Vice-Chairman Tenure of office Attendance by ex- officials Convening meetings eting together Composition of Board of Trustees Act No. 13 of 2016 s. 15 Vice-Chairman Tenure of office Attendance by ex- officials Convening meetings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.581 THE ENVIRONMENTAL MANAGEMENT ACT [CAP. 191 R.E. 2023] with the necessary papers for the meeting shall be sent to each trustee at his usual place of business or residence not less than fourteen days before the date of the meeting. (2) The Chairman, or in his absence the Vice-Chairman or the acting Chairman shall be bound to convene a special meeting of the trustees upon receipt of a request in writing in that behalf signed by not less than three trustees. 6. The quorum at any meeting of the trustees shall be half of members in office. 7. A trustee who has an interest, direct or indirect in any matter coming before the Board of trustee shall, as soon as is reasonably practicable, disclose the nature of that interest to the Chairman, or Vice-Chairman or the acting Chairman and shall not, thereafter, take part in any delib- erations or decision on that matter. 8. Subject to the provisions of this Schedule, the trustees may regulate their own proceedings. Quorum Conflict of Interest Board to regulate its proceedings ect to the provisions of this Schedule, the trustees may regulate their own proceedings. Quorum Conflict of Interest Board to regulate its proceedings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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