The Public Health (Sewerage and Drainage) Act

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CHAPTER 336
THE PUBLIC HEALTH
(SEWERAGE AND DRAINAGE) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. Application.
part ii
PUBLIC SEWERS
4. Provision of public sewers and sewage disposal works.
5. Public sewers to vest in Authority.
6. Duty of Authority to keep map showing public sewers.
7. Power of Authority to alter or close public sewers.
8. Certain matters not to be passed into sewers or drains.
part iii
CONNECTIONS WITH PUBLIC SEWERS
9. Rights of owners and occupiers within area of Authority to drain
into public sewers.
10. Use of public sewers by owners or occupiers outside area of Authority.
11. Sewer connections in streets and through private land.
12. Procedure in regard to making communication with public sewers.
part iv
DRAINAGE AND LATRINES OF NEW BUILDINGS
13. New buildings to be provided with any necessary drains.
14. Latrine accommodation to be provided in new buildings.

E AND LATRINES OF NEW BUILDINGS
13. New buildings to be provided with any necessary drains.
14. Latrine accommodation to be provided in new buildings.

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768
part v
DRAINAGE AND LATRINES OF EXISTING BUILDINGS
15. Provisions as to drainage of existing buildings. 16. Replacement of earth closets by water closets. 17. Buildings having insufficient latrines or latrines so defective as to require
reconstruction. 18. Buildings having defective latrines capable of repair. 19. Drainage of buildings in combination into existing public sewer. part vi
GENERAL PROVISIONS
20. Payment of advances for defraying drainage expenses. 21. Provisions as to appeals against and enforcement of notices
requiring execution of works. 22. Execution of works. 23. Certain expenses recoverable from owners or occupiers to be
charge on premises; power to accept payment by instalment. 24. Powers to make charge in respect of establishment expenses. 25. Recovery of expenses. 26. Powers of entry and closing of streets. 27. Protection of Authority and its officers from personal liability. 28. Liability of director, secretary or manager of company. 29.

sing of streets. 27. Protection of Authority and its officers from personal liability. 28. Liability of director, secretary or manager of company. 29.

Proceedings against several persons. 30. Recovery proceedings. 31. Power of Authority outside its area. 32. Service of notices. part vii
RULES
33. Rules. 34. Rules made under this Act to prevail.

very proceedings. 31. Power of Authority outside its area. 32. Service of notices. part vii
RULES
33. Rules. 34. Rules made under this Act to prevail.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Public Health (Sewerage and
Drainage) Act. 2.–(1) In this Act, unless the context otherwise requires-
“Authority” means, in the case of a municipality to which the
provisions of this Act have been applied, the municipal
council, and, in the case of a township to which the
provisions of this Act have been applied, the town council
or township authority, as the case may be, and in the case
of an area, other than a municipality or township, to
which the provisions of this Act have been applied, such
officer or authority as the Minister may by notice in the
Gazette, declare to be the Authority for the purposes of
this Act;
“cesspool” means a tank or receptacle for the reception of
soil water or waste water or both for which no outlet is
provided;
“Chief Inspector” means the Chief Inspector appointed
under the Occupational Health and Safety Act;
Short title
Interpretation
Cap.

utlet is
provided;
“Chief Inspector” means the Chief Inspector appointed
under the Occupational Health and Safety Act;
Short title
Interpretation
Cap.

297
CHAPTER 336
THE PUBLIC HEALTH
(SEWERAGE AND DRAINAGE) ACT
An Act to make better provision for the preservation of public health by
means of sewerage, drainage and sanitation. [1st August, 1955]
Ord. No. 44 of 1953
[R.L. Cap. 336]
Act No. 1 of 2008

preservation of public health by
means of sewerage, drainage and sanitation. [1st August, 1955]
Ord. No. 44 of 1953
[R.L. Cap. 336]
Act No. 1 of 2008

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reserved. No part of this book may be reproduced or distributed without permission of OAG.THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E.

2023]
770
“drain” means any pipe, duct or channel, whether open or
closed together with its appurtenances used or intended
to be used for the drainage of buildings within the same
cartilage and under the same ownership and made merely
for the purpose of communicating there from with a sewer
or with a cesspool or other like receptacle for drainage and
includes any pipe, duct or channel, whether open or closed,
used or intended to be used for the drainage of land;
“earth closet” means a closet in which faecal matter is
deposited, or may be deposited, into a movable receptacle;
“factory” has the meaning assigned to it in the Occupational
Health and Safety Act;
“foul water” means soil water and waste water;
“lateral drain” means that portion, including the intercepting
trap, if any, and sewer connection of a system of drains or
sewers which-
(a) in the case of a sewer for foul matter lies between the
intercepting chamber and the sewer; or
(b) in the case of a sewer for storm water lies between the
last inspection chambers and the sewer, or, if there be
no inspection chamber, between the curtilage of the
premises and the sewer;
“latrine” includes privy, urinal, earth closet and water closet;
“prejudicial to health” means injurious or likely to cause
injury to health;
“private sewer” means a sewer which is not a public sewer;
“privy” means a closet for the reception of faecal matter into
a non-movable receptacle and includes pit latrine and
bore-hole latrine;
“public sewer” means any sewer vested in or constructed by
or on behalf of or under the control of the Authority;
“septic tank” means a tank or receptacle for the reception
of soil water or waste water or both for the effluent from
which an outlet is provided;
“sewer” does not include a drain as defined in this Act
but, save as aforesaid, includes all sewers, drains, pipes,
Cap.

which an outlet is provided;
“sewer” does not include a drain as defined in this Act
but, save as aforesaid, includes all sewers, drains, pipes,
Cap.

297

297

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
ducts, or channels, whether open or closed, used for the
drainage of buildings or land;
“soil water” means any discharge from water closets or
urinals and all water containing excremental liquid or
substance;
“storm water” includes surface or rain water;
“waste water” means liquid waste of a non-excremental
nature but does not include storm water;
“water closet” means latrine accommodation used, adapted
or intended to be used in connection with a water carriage
system and comprising provision for the flushing of the
receptacle by means of water;
“workplace” does not include a factory or workshop but
save as aforesaid includes any place in which persons are
employed otherwise than in domestic service; and
“workshop” means any building or part of a building or any
premises in which manual labour is exercised for the
purposes of trade.

mestic service; and
“workshop” means any building or part of a building or any
premises in which manual labour is exercised for the
purposes of trade.

(2) Any reference in this Act to a drain, sewer, or other
sewage disposal works shall be construed as including a
reference to any manholes, ventilating shafts, pumping stations
or other accessories belonging to that drain, sewer, or other
sewage disposal works. (3) For the purpose of this Act, a building or proposed
building shall not be deemed to have a public sewer available
unless-
(a) there is or there is in course of construction within one
hundred feet of the curtilage of the building or proposed
building, and at a level which makes it reasonably
practicable to construct a drain to communicate
therewith, a public sewer or other sewer which the
owner of the building or proposed building is, or will
be, entitled to use; and
(b) the intervening land is land through which he is entitled
to construct a drain:
Provided that, for the purpose of this definition, the limit of
one hundred feet shall not apply if the Authority undertakes

led
to construct a drain:
Provided that, for the purpose of this definition, the limit of
one hundred feet shall not apply if the Authority undertakes

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772
to bear so much of the expenses reasonably incurred in
constructing a drain to communicate with a public sewer as
may be attributable to the fact that, the distance of the public
sewer exceeds one hundred feet as aforesaid. 3. The provisions of this Act shall apply to municipalities or
townships or other areas as the Minister may, by notice in the
Gazette, declare. PART II
PUBLIC SEWERS
4.–(1) An Authority may within its area and, subject to the
prior approval of the Minister, outside its area-
(a) construct and maintain a public sewer-
(i) in, on, under, or over any street, or under or
through any cellar or vault below any street; and
(ii) in, on, under, or over any land, or in, on or under
any building not forming part of a street, after
giving reasonable notice to the owner or occupier
of the land or building; and
(b) construct and maintain sewage disposal works on any
public land or land acquired or lawfully appropriated
for that purpose.

land or building; and
(b) construct and maintain sewage disposal works on any
public land or land acquired or lawfully appropriated
for that purpose.

(2) In the exercise of its powers under subparagraph (ii)
of paragraph (a) of subsection (1), the Authority shall not be
liable to pay any compensation to an owner or occupier of any
private land but shall make good, or, at its option, shall pay for
any damage done or occasioned by reason of the exercise of
the said powers. 5. Notwithstanding the provision of any other law, public sewers
within the area of an Authority and public sewers outside the
area of an Authority which the Authority has constructed or
is maintaining under the provisions of section 4, shall vest in
such Authority. Application
Provision of
public sewers and
sewage disposal
works
Public sewers to
vest in Authority

isions of section 4, shall vest in
such Authority. Application
Provision of
public sewers and
sewage disposal
works
Public sewers to
vest in Authority

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
6.–(1) The Authority shall keep deposited at its offices for
inspection by any person at all reasonable hours, free of charge,
a map showing and distinguishing all public sewers and other
public sewage disposal works existing or in the course of
construction within its area or under its control. (2) Where some of the public sewers are reserved for foul
water only, or for storm water only, the map referred to in
this section shall show also the purposes which each sewer is
intended to serve. 7.

r foul
water only, or for storm water only, the map referred to in
this section shall show also the purposes which each sewer is
intended to serve. 7.

An Authority may alter the size and course of any public
sewer vested in it, or may discontinue and prohibit the use
of any public sewer, either entirely, or for the purpose of foul
water drainage, or for the purpose of storm water drainage,
but, before any person who is lawfully using the public sewer
for any purpose is deprived by the Authority of the use of the
public sewer for that purpose, the Authority shall provide a
public sewer equally effective for his use for that purpose and
shall at its expense make his drains or sewers to communicate
with the public sewer so provided.

er equally effective for his use for that purpose and
shall at its expense make his drains or sewers to communicate
with the public sewer so provided.

8.–(1) A person shall not throw, empty or turn, or suffer or
permit to be thrown or emptied or to pass, into any sewer or
into any drain-
(a) any matter likely to injure the sewer or drain, or to
interfere with the free flow of its content, or to effect
prejudicially the treatment and disposal of its contents;
(b) any chemical refuse or waste steam, or any liquid
of a temperature higher than one hundred and ten
degrees Fahrenheit, being refuse or steam which, or
a liquid which, when so heated, is, either alone or in
combination with the contents of the sewer or drain,
dangerous, or the cause of a nuisance, or prejudicial to
health; or
(c) any petroleum spirit, or carbide or calcium except,
subject to the provisions of paragraphs (a) and (b), into
a drain specially constructed for that purpose. Duty of Authority
to keep map
showing public
sewers
Power of
Authority to alter
or close public
sewers
Certain matters
not to be passed
into sewers or
drains

Authority
to keep map
showing public
sewers
Power of
Authority to alter
or close public
sewers
Certain matters
not to be passed
into sewers or
drains

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774
(2) Where separate public sewers are provided for foul water
and for storm water, a person shall not discharge or permit to
be discharged, either directly or indirectly-
(i) soil water or waste water into a sewer provided for
storm water; or
(ii) except with the approval of the Authority, storm
water into a sewer provided for foul water. (3) A person who contravenes any of the provisions of this
section, commits an offence and on conviction shall be liable
to a fine not exceeding one thousand shillings and to a further
fine not exceeding one hundred shillings for each day on which
the offence continues after conviction therefore.

e thousand shillings and to a further
fine not exceeding one hundred shillings for each day on which
the offence continues after conviction therefore.

(4) In this section the expression “petroleum spirit” means
any-
(a) crude petroleum;
(b) oil made from petroleum, or from coal, shale peat or
other bituminous substance; or
(c) product of petroleum or mixture containing petroleum,
as, when tested in the manner prescribed by or under
the Petroleum Act, gives off an inflammable vapour at a
temperature of less than seventy-three degrees Fahrenheit. PART III
CONNECTIONS WITH PUBLIC SEWERS
9. Subject to the provisions of this section and section 12,
the owner or occupier of any premises, or the owner of any
private sewer, within the area of an Authority shall be entitled
to have his drains or private sewer made to communicate with
any available public sewer of that Authority, and thereby to
discharge foul water and storm water from those premises or
that private sewer:
Provided that, this section shall not entitle any person-
(a) to discharge directly or indirectly into any public sewer-
(i) any matter from a manufacturing process or any
matter from a factory, other than domestic sewage
Cap. 392
Rights of owners
and occupiers
within area of
Authority to
drain into public
sewers

or any
matter from a factory, other than domestic sewage
Cap. 392
Rights of owners
and occupiers
within area of
Authority to
drain into public
sewers

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
or storm water except by agreement with the
Authority; or
(ii) any matter the discharge of which into public
sewers is prohibited under this Act or any other
law;
(b) to have his drains or private sewer made to communicate
directly with a storm water overflow sewer;
(c) to have his drains or private sewer made to communicate
with a public sewer provided for foul water unless and
until he satisfies the Authority that, the premises to be
drained have a sufficient water supply available; or
(d) to have his drains or private sewer made to communicate
with any public sewer if such sewer is situated in excess
of one hundred feet of the curtilage of the premises. 10.

private sewer made to communicate
with any public sewer if such sewer is situated in excess
of one hundred feet of the curtilage of the premises. 10.

Subject as hereinafter provided, the owner or occupier of
any premises and the owner of any private sewer outside the
area of an Authority shall have the like rights with respect to
drainage into the available public sewers of the Authority as
he would have had under section 9, if his premises or private
sewer were situate within its area and the provisions of that
section shall apply accordingly:
Provided that, without prejudice to the prohibition contained
in section 9 against the discharge of certain matters into public
sewers or into some public sewers or the right of an Authority
under section 12 to refuse to permit a communication to
be made on any of the grounds set out in subsection (1) of
that section and to require the drain or private sewer to be
laid open for inspection, the Authority may, in the case of a
drain or private sewer from premises outside its area, refuse to
permit a communication to be made except under reasonable
terms and conditions as may be prescribed or as the Minister
may approve, and the terms and conditions may include-
(a) compliance with any reasonable requirements of the
Authority that the premises to be drained shall be
sanitary or in a proper state of repair; and
Use of public
sewers by owners
or occupiers
outside area of
Authority

the premises to be drained shall be
sanitary or in a proper state of repair; and
Use of public
sewers by owners
or occupiers
outside area of
Authority

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776
(b) such reasonable payment or periodical payment as,
subject to any special or general directions of the
Minister, the Authority may see fit to impose. 11.

ch reasonable payment or periodical payment as,
subject to any special or general directions of the
Minister, the Authority may see fit to impose. 11.

For the purpose of making or maintaining a communication
with a public sewer, it shall be lawful for an Authority to
construct or repair a lateral drain or, with the prior consent
of the Authority and in a manner as it may approve, for the
owner of any building to construct or repair a drain or private
sewer, as the case may be, in, on, under or over any land or
building, but where the land or building does not form part
of a street, the Authority or owner shall give to every owner
or occupier of the land or building reasonable notice and shall
be liable to make good or, at the option of the Authority or the
owner undertaking the works, to pay for any damage done or
occasioned by reason of the exercise of the said power:
Provided that, the works intended to be carried out in
exercise of the powers herein conferred shall not interfere
unduly with the amenities or future development of the land
or building or any adjacent land or buildings and, in case of
dispute, a person aggrieved may appeal to a subordinate court
in the manner set forth in subsections (6) and (7) of section 21.

ldings and, in case of
dispute, a person aggrieved may appeal to a subordinate court
in the manner set forth in subsections (6) and (7) of section 21.

12.–(1) A person who wishes or who is required to have his
drains or private sewer made to communicate with a public
sewer shall give to the Authority notice of his proposals in
writing in such manner as may be prescribed and at any time
within twenty-one days of the receipt thereof, the Authority
may, by notice to him, refuse to make the communication if
it appears to the Authority that, the mode of construction of
the drain or private sewer is not in conformity with the rules
in force governing the same or that the condition of the drain
or private sewer or the matter carried or to be carried thereby
is such that the making of the communication would be
prejudicial to the sewerage system of the Authority and for the
purpose of examining the mode of construction and condition
Sewer
connections
in streets and
through private
land
Procedure in
regard to making
communication
with public
sewers

ode of construction and condition
Sewer
connections
in streets and
through private
land
Procedure in
regard to making
communication
with public
sewers

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
of the drain or private sewer, the Authority may, if necessary,
require it to be laid open for inspection. (2) Where a notice as aforesaid is not served on such
person, the Authority shall, with all reasonable despatch, cause
the communication to be made by means of a lateral drain to
the public sewer in a manner as may be prescribed or as the
Authority may decide, but it shall not be obligatory on the
Authority to make the communication until the estimated cost
of the work has been paid to it or security for payment has
been given to its satisfaction. (3) Where any payment made to the Authority exceeds
the expenses reasonably incurred by it in the execution of the
work, the excess shall be repaid by it and, where and so far as
those expenses are not covered by the payments made to it,
the Authority may recover the expenses or the balance thereof,
from the person for whom the work was done.

are not covered by the payments made to it,
the Authority may recover the expenses or the balance thereof,
from the person for whom the work was done.

(4) For the purpose of this section, the making of the
communication between a drain or private sewer and a public
sewer includes all the work as involves the breaking open of
a street and the taking of any steps which the Authority may
consider necessary for repairing, relaying and safeguarding
any pipes, drains, lines or any other works which may be or
are liable to be disturbed or damaged by or in the course of
making the communication. (5) A lateral drain so constructed shall vest in the
Authority, but shall not thereby become a public sewer, and
the maintenance, repair and renewal of the same from time to
time shall be carried out by the Authority at the expense of the
owner of the premises served by such drain. (6) A person, other than a person lawfully acting on behalf
of an Authority, who causes a drain or sewer to communicate
with a public sewer and a person who fails to comply with
or acts in contravention of any of the provisions of this
section, commits an offence and on conviction shall be liable
to a fine not exceeding one thousand shillings, and whether
proceedings have or have not been taken in respect of that

d on conviction shall be liable
to a fine not exceeding one thousand shillings, and whether
proceedings have or have not been taken in respect of that

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778
offence, the Authority may close any communication made in
contravention of any of the provisions, and recover from the
offender any expenses reasonably incurred by it in so doing. PART IV
DRAINAGE AND LATRINES OF NEW BUILDINGS
13.–(1) Where plans of a building or of an extension of a
building are, in accordance with any building rules, deposited
with an Authority, the Authority shall reject the plans unless
either the plans show that, satisfactory provision for drainage
of the building or of the extension, as the case may be, will
be made or the Authority is satisfied that, in the case of that
particular building or extension it may properly dispense with
any provision for drainage.

ade or the Authority is satisfied that, in the case of that
particular building or extension it may properly dispense with
any provision for drainage.

(2) Except in cases where the Authority is satisfied that, in
the case of any particular building or extension it may properly
dispense with any provision for drainage, for the purposes of
subsection (1), “satisfactory provision for drainage” means
that the drainage system and appliances of the building comply
with any law for the time being in force relating to the same
and that the drainage systems of the premises connect either
directly or indirectly with available public sewers, or, if there
be no such sewers, discharge into cesspools or other places
which the Authority may approve.

or indirectly with available public sewers, or, if there
be no such sewers, discharge into cesspools or other places
which the Authority may approve.

14.Where plans of a building or of an extension of a building
are, in accordance with any building rules, deposited with an
Authority, the Authority shall reject the plans unless either
the plans and the prescribed particulars deposited therewith
show that, the prescribed or sufficient and satisfactory latrine
accommodation will be provided, or the Authority is satisfied
that, in the case of a particular building or extension it may
properly dispense with the provision of latrine accommodation:
Provided that,-
(i) unless a sufficient water supply and public sewer
are available, the Authority shall not reject the
New buildings to
be provided with
any necessary
drains
Latrine
accommodation
to be provided in
new buildings

lable, the Authority shall not reject the
New buildings to
be provided with
any necessary
drains
Latrine
accommodation
to be provided in
new buildings

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
plans on the ground only that, the proposed
latrine accommodation consists of or includes an
earth-closet or earth-closets or a privy or privies
of a type approved by the Authority; and
(ii) where the plans and the deposited particulars show
that, the proposed building or extension is likely
to be used as a factory, workshop, workplace, club,
place of entertainment or other place in which
persons of both sexes or different races will be
employed, or will be in attendance, the Authority
shall reject the plans, unless either it is satisfied
after consultation with the Chief Inspector
that, sufficient and satisfactory separate latrine
accommodation for persons of each sex and race
will be provided, or that in the circumstances, of
the particular case it may properly dispense with
the provision of such separate accommodation.

ace
will be provided, or that in the circumstances, of
the particular case it may properly dispense with
the provision of such separate accommodation.

PART V
DRAINAGE AND LATRINES OF
EXISTING BUILDINGS
15.–(1) Where it appears to an Authority that in the case of
any building-
(a) satisfactory provisions for drainage has not been, and
ought to be, made;
(b) any appliance provided for the building is defective or
insufficient;
(c) any appliance provided for the building is in such a
condition as to be prejudicial to health or a nuisance; or
(d) any appliance formerly used for the drainage of the
building, but no longer used therefore, is prejudicial to
health or a nuisance,
it shall, by notice, require the owner of the building to make
satisfactory provision for drainage of the building, or, as the
case may be, require either the owner or the occupier of the
Provisions as
to drainage of
existing buildings

for drainage of the building, or, as the
case may be, require either the owner or the occupier of the
Provisions as
to drainage of
existing buildings

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780
building to take such action and to do such work as may be
necessary for connecting the drainage system to the sewer or
for altering, renewing, repairing, or cleansing any existing
appliance, or for filling up, removing or otherwise rendering
innocuous any disused appliance. (2) Except in cases where the Authority is satisfied that in
the case of any particular building it may properly dispense
with any provision for drainage, for the purpose of subsection
(1), “satisfactory provision for drainage” means that the
drainage system and appliances of the building comply with
any law for the time being in force relating to the same and that
the drainage systems of the premises connect either directly or
indirectly with available public sewers, or, if there be no such
sewers, discharge into cesspools or other places which the
Authority may approve.

or
indirectly with available public sewers, or, if there be no such
sewers, discharge into cesspools or other places which the
Authority may approve.

(3) In this section “appliance” means any cesspool, septic
tank, private sewer, drain, soil pipe, rain water pipe, wastepipe,
sink or other appliance for drainage. 16. Where any existing building in the area of an Authority
has a sufficient water supply and a public sewer is available, the
Authority may, subject to the provisions of subsection (3) of
section 2, by notice to the owner of the building, require that any
latrines, other than water closets, provided for, or in connection
with the building shall be replaced by water closets and that the
owner shall make an application within a specified time to have
his drains made to communicate with a public sewer under
section 12, notwithstanding that the latrines are not insufficient
in number and are not prejudicial to health or a nuisance. 17.

a public sewer under
section 12, notwithstanding that the latrines are not insufficient
in number and are not prejudicial to health or a nuisance. 17.

Where it appears to the Authority that-
(a) any building is without sufficient latrine accommodation;
or
(b) any latrines provided for or in connection with a
building are in a state as to be prejudicial to health or
a nuisance and cannot without reconstruction be put
into a satisfactory condition,
Replacement of
earth closets by
water closets
Buildings having
insufficient
latrines or
latrines so
defective as
to require
reconstruction

condition,
Replacement of
earth closets by
water closets
Buildings having
insufficient
latrines or
latrines so
defective as
to require
reconstruction

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.781
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
the Authority shall, by notice to the owner of the building,
require him to provide the building with latrines or additional
latrines, or substituted latrines, as the Authority may approve
and may consider necessary:
Provided that, unless a sufficient water supply and public
sewer are available, the Authority shall not require the provision
of a water closet except in substitution for an existing water
closet:
Provided further that, where a sufficient water supply, but
public sewer, is not available, the Authority may require the
provision of a water closet or water closets together with all
necessary drainage discharging into a septic tank or other
place which the Authority may approve.

of a water closet or water closets together with all
necessary drainage discharging into a septic tank or other
place which the Authority may approve.

18.–(1) Where it appears to an Authority that, any latrines
provided for or in connection with a building are in a state
as to be prejudicial to health or a nuisance, but that they can
without reconstruction be put into a satisfactory condition,
the Authority shall, by notice require the owner or the
occupier of the building to execute the works, or take steps
by cleansing the latrines or otherwise, as may be necessary
for that purpose. (2) In so far as a notice requires a person to take any steps
other than the execution of works, he shall, if he fails to comply
with the notice, commits an offence and on conviction shall be
liable to a fine not exceeding one hundred shillings and to a
further fine not exceeding forty shillings for each day on which
the offence continues after conviction therefore:
Provided that, in any proceedings under this subsection, it
shall be open to the defendant to question the reasonableness
of the Authority’s requirements, or of its decision to address
the notice to him and not to the occupier or, as the case may
be, to the owner of the building.

uthority’s requirements, or of its decision to address
the notice to him and not to the occupier or, as the case may
be, to the owner of the building.

19.–(1) Where an Authority might under this Act require
each of two or more buildings to be drained separately into
an existing public sewer, but it appears to the Authority
Buildings having
defective latrines
capable of repair
Drainage of
buildings in
combination into
existing public
sewer

but it appears to the Authority
Buildings having
defective latrines
capable of repair
Drainage of
buildings in
combination into
existing public
sewer

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782
that, those buildings may be drained more economically or
advantageously in combination, the Authority may require
that, the buildings be drained in combination into the existing
public sewer by means of a private sewer to be constructed
either by the owners of the buildings in a manner as the
Authority may direct, or if the Authority so elects, by the
Authority on behalf of the owners:
Provided that, an Authority shall not, except by agreement
with the owners concerned, exercise the powers conferred by
this subsection in respect of any building for the drainage of
which plans have been previously passed by the Authority.

rcise the powers conferred by
this subsection in respect of any building for the drainage of
which plans have been previously passed by the Authority.

(2) An Authority which makes a requirement as
aforesaid, shall fix the proportions in which the expenses of
constructing, and of maintaining and repairing, the private
sewer are to be borne by the owners concerned, or, in a case
in which the distance of the existing public sewer from the
curtilage of any of the buildings in question is or exceeds
one hundred feet, the proportions in which those expenses
are to be borne by the owners concerned and the Authority,
and shall forthwith give notice in writing of the decision to
each owner affected. (3) An owner aggrieved by a decision of an Authority may
appeal in the manner set forth in subsections (6) and (7) of
section 21, subject to any such appeal, any expenses reasonably
incurred in constructing, or in maintaining or repairing, the
private sewer shall be borne in the proportions so fixed, and
those expenses or, as the case may be, contributions thereto,
may be recovered accordingly by the person, whether the
Authority or owners, by whom they were incurred in the first
instance.

contributions thereto,
may be recovered accordingly by the person, whether the
Authority or owners, by whom they were incurred in the first
instance.

(4) A sewer constructed by an Authority under this section
shall not be deemed to be a public sewer by reason of the fact
that the expenses of its construction are in the first instance
defrayed by the Authority, or by reason of the fact that some
part of those expenses is borne by it.

ses of its construction are in the first instance
defrayed by the Authority, or by reason of the fact that some
part of those expenses is borne by it.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.783
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
PART VI
GENERAL PROVISIONS
20.–(1) In any case where it shall appear to an Authority that,
the owner or occupier of any premises is unable to make
a present payment of the amount of the expenses necessary
to be incurred for the drainage and sewerage and latrine
accommodation of that premises and the communication
thereof with an available public sewer, the Authority may,
subject to any general or special directions of the Minister in
that behalf, make an agreement in the prescribed form with
an owner or occupier for the advance of a sum of money
for necessary expenses and at the interest thereon as may
be prescribed and for its repayment in such and in so many
instalments as the Authority may determine. (2) A sum of money advanced shall be a charge on the
premises and all estates and interests therein in respect of
which the advance is made and the provisions of section 23
shall apply mutatis mutandis as if the sum advanced were
expenses incurred by an Authority under this Act.

ce is made and the provisions of section 23
shall apply mutatis mutandis as if the sum advanced were
expenses incurred by an Authority under this Act.

21.–(1) The provisions of this section and section 22 shall,
subject to any express modifications specified in the section
under which the notice is given, apply with respect to appeals
against, and the enforcement of, notices requiring the execution
of works under sections 15, 16, 17, 18 or 19, and any appeal
under section 11 or 19 of this Act. (2) A notice shall be in writing and shall indicate the nature
of the works to be executed, and state the time within which
they are to be executed. (3) A person served with a notice as aforesaid may appeal
in the manner hereinafter provided on any of the following
grounds which are appropriate in the circumstances of the
particular case:
Payment of
advances for
defraying
drainage
expenses
Provisions
as to appeals
against and
enforcement of
notices requiring
execution of
works

lar case:
Payment of
advances for
defraying
drainage
expenses
Provisions
as to appeals
against and
enforcement of
notices requiring
execution of
works

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
784
(a) that the notice or requirement is not justified by the
terms of the law under which it purports to have been
given or made;
(b) that the works required by the notice to be executed are
unreasonable in character or extent;
(c) that the time within which the works are to be executed
is not reasonably sufficient for the purpose; or
(d) that the notice might lawfully have been served on the
occupier of the premises in question instead of on the
owner, or on the owner instead of on the occupier, and that
it would have been equitable for it to have been so served.

in question instead of on the
owner, or on the owner instead of on the occupier, and that
it would have been equitable for it to have been so served.

(4) Where the grounds upon which an appeal under this
section is brought include a ground specified in paragraph (d)
of subsection (3), the appellant shall serve a copy of the notice
of appeal on each other person referred to, and in the case of
any appeal under this section may serve a copy of the notice
of appeal on any other person having an estate or interest in
the premises in question, and on the hearing of the appeal an
order may be made with respect to the person by whom any
work is to be executed or as to the proportions in which any
expenses which may become recoverable by the Authority are
to be borne by the appellant and other person. (5) In the exercise of the powers conferred by subsection
(4), regard shall be had as between an owner and an occupier
to the terms and conditions, whether contractual or statutory,
of the tenancy and to the nature of the works required. (6) An appeal in pursuance of this section shall be referred
to the court of a District Magistrate or Resident Magistrate
exercising jurisdiction in the place where the premises are
situated in pursuance of any rules made in that behalf by the
High Court.

ident Magistrate
exercising jurisdiction in the place where the premises are
situated in pursuance of any rules made in that behalf by the
High Court.

(7) The time within which any appeal may be brought shall
be twenty-one days from the date on which notice requiring
the works was served upon the person desiring to appeal. 22.–(1) Subject to a right of appeal, where a person required by
a notice to execute works fails to execute the works indicated
Execution of
works

al. 22.–(1) Subject to a right of appeal, where a person required by
a notice to execute works fails to execute the works indicated
Execution of
works

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.785
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
within the time thereby limited, the Authority may itself
execute the works and recover from that person the expenses
reasonably incurred by it in so doing and, without prejudice
to its rights to exercise that power, he shall be liable to a fine
not exceeding one hundred shillings, and to a further fine not
exceeding forty shillings for each day on which the default
continues after conviction therefore. (2) In proceedings by an Authority against the person
served with the notice for the recovery of any expenses which
the authority is entitled to recover from him, it shall not be
open to him to raise any question which he could have raised
on an appeal against a notice.

authority is entitled to recover from him, it shall not be
open to him to raise any question which he could have raised
on an appeal against a notice.

23.–(1) Where an Authority has incurred expenses for the
repayment of which the owner or occupier of the premises in
respect of which the expenses were incurred is liable under this
Act or under any rule to which the provisions of subsection (3)
of section 33 apply or by agreement with the Authority, those
expenses, together with interest from the date of service of a
demand for the expenses, may be recovered by the Authority
from the person who is the owner or occupier of the premises
at the date when the works are completed, or, where he has
ceased to be the owner or occupier of the premises before the
date when a demand for the expenses is served, either from
him or from the person who is the owner or occupier at the
date when the demand is served, and as from the date of the
service of a notice on the Registrar pursuant to subsection
(3), the expenses and interest accrued due thereon shall, until
recovered, be a charge on the premises and on all estates and
interests therein. (2)1 The charge created shall be deemed to extend to any
expenses lawfully paid to the Registrar in connection with the
entry or filing or withdrawal of the notice of a charge.

all be deemed to extend to any
expenses lawfully paid to the Registrar in connection with the
entry or filing or withdrawal of the notice of a charge.

1 This subsection was part of subsection (1), however, it has been rearranged as
subsection (2) and the subsequent subsections have been renumbered accordingly. Certain expenses
recoverable
from owners
or occupiers to
be charge on
premises; power
to accept payment
by instalment

ave been renumbered accordingly. Certain expenses
recoverable
from owners
or occupiers to
be charge on
premises; power
to accept payment
by instalment

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786
(3) The charge created under subsection (2) shall be in
favour of the Authority and the Authority shall have all the
powers and remedies conferred on mortgagees by any law for
the time being in force. (4) The Authority shall serve on the Registrar, prior to the
commencement of any work, a notice stating the cost of which
will constitute a charge on land or in respect of which the
same is done, and that the work is about to be commenced,
specifying the property that will be the subject of the charge
and thereupon the Registrar shall enter the notice in the
appropriate folio of the land register or file the same in the
appropriate register for the registration of documents, as the
case may be. (5)2 A person acquiring any estate or interest in any land
in respect of which a notice has been entered or filed shall be
deemed to have actual notice thereof.

son acquiring any estate or interest in any land
in respect of which a notice has been entered or filed shall be
deemed to have actual notice thereof.

(6) On the completion of a work, the Authority shall serve on
the Registrar a further notice specifying the amount in respect
of which a land by virtue of subsection (1) stands charged
and thereupon the Registrar shall protect the interest of the
Authority in a manner as shall appear to him appropriate. (7) In making any entry or filing any document pursuant
to subsection (6), the Registrar shall accept as conclusive
the statement in writing relating to the charge of any duly
constituted officer of any Authority. (8) The Registrar shall cancel any memorial in the land
register relating to a notice served on him under the provisions
of subsection (4) or subsection (6) on receipt of a statement
signed by the Authority that all amounts secured by the charge
have been paid, or file any statement in the appropriate register
of documents, whichever may be appropriate. (9) A person having any registered interest in land in respect
of which any entry or notice appears on the land register or
2 This subsection has been splitt from subsection (4) as renumbered, and
designated as subsection (5) for simplicity.

appears on the land register or
2 This subsection has been splitt from subsection (4) as renumbered, and
designated as subsection (5) for simplicity.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.787
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
appropriate register of documents or any interest protected by
the entry of a caveat may summon the Authority to appear
before the High Court and show cause why the notice or entry
should not be removed from the land register and the Court
may make an order in the premises either ex parte or otherwise
and as to costs as it deems fit. (10) The Authority may agree that any expenses recoverable
by it under this section shall be payable with interest by
instalment within a period as it thinks fit, until the whole
amount is paid.

es recoverable
by it under this section shall be payable with interest by
instalment within a period as it thinks fit, until the whole
amount is paid.

(11)3 The instalment and interest, or any part thereof, may
be recovered from the owner or occupier for the time being of
the premises in respect of which the expenses were incurred,
and, where recovered from the occupier and the owner is
liable, may be deducted by the occupier from the rent of the
premises:
Provided that, an occupier shall not be required to pay at
any time any sum in excess of the amount which was due from
him on account of rent at, or has become due from him on
account of rent since the date on which he received a demand
from the Authority together with a notice requiring him not to
pay rent to his landlord without deducting the sum demanded. (12) The rate of interest chargeable under subsection (1) and
subsection (10) shall be a rate as the Minister may determine.

ducting the sum demanded. (12) The rate of interest chargeable under subsection (1) and
subsection (10) shall be a rate as the Minister may determine.

(13) The Authority shall keep at its offices a register of all
expenses incurred and advances made under this section, and
show in the register the total amounts thereof, the instalment in
which the same are payable, the land or premises in respect of
which the same have been incurred or made, and the balances
for the time being outstanding; and keep the register open at
all reasonable times to the inspection of any person, free of
charge. 3 This subsection has been splitt from subsection (10) and renumbering have
been effected accordingly.

o the inspection of any person, free of
charge. 3 This subsection has been splitt from subsection (10) and renumbering have
been effected accordingly.

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788
(14) The register and any extract therefrom, certified by
any person authorised by the Authority in that behalf, shall,
in any proceedings for the recovery of any expenses, advances
or interest thereon or any instalment thereof, be prima facie
evidence of the matters contained therein. (15) In this section, the expression “Registrar” means the
Registrar of Titles in any matter relating to registered land,
or the Registrar of Documents in any matter relating to
unregistered land. 24. Where under this Act an Authority is empowered to execute
works and to recover from any person the expenses incurred
by it in so doing, it may include in, and recover as part of, the
expenses an additional sum to cover customs duties and other
charges and departmental expenses on a scale or in a manner
as may be prescribed or as the Minister may direct.

sum to cover customs duties and other
charges and departmental expenses on a scale or in a manner
as may be prescribed or as the Minister may direct.

25.–(1) A sum which an Authority is entitled to recover under
this Act and with respect to the recovery of which no other
provision is made, may be recovered either summarily as a civil
debt, or as a simple contract debt in any court of competent
jurisdiction. (2) The time within which summary proceedings may
be taken for the recovery of any a sums shall, except where
otherwise expressly provided, be reckoned from the date of the
service of a demand therefor. 26.–(1) In the exercise of any powers and the performance of
any duties conferred or imposed by this Act, an Authority or
any officer thereof or any person acting on behalf of or under
the direction of the Authority may-
(a) enter any lands or premises at all reasonable times after
notice to the owner or occupier and remain for a period
as may reasonably be necessary for the performance of
any inspection or work;
(b) examine, open-up or cause to be opened-up and
examined any sanitary convenience, sewer, drain,
Powers to make
charge in respect
of establishment
expenses
Recovery of
expenses
Powers of entry
and closing of
streets

tary convenience, sewer, drain,
Powers to make
charge in respect
of establishment
expenses
Recovery of
expenses
Powers of entry
and closing of
streets

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.789
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E. 2023]
cesspool, soil-pipe, water-pipe or any other fitting
or thing connected with the drainage system of any
building or any land as may reasonably be necessary
for the performance of any inspection or work; or
(c) temporarily close any street or thoroughfare to
vehicular or pedestrian traffic or both and break open
the surface of a street or thoroughfare for a period as
may reasonably be necessary for the performance of
any inspection or work. (2) A person who fails or refuses to allow any person seeking
to enter any lands or premises under subsection (1), obstructs
or hinders a person in the performance of any duties under
this Act, commits an offence and on conviction shall be liable
to a fine not exceeding three hundred shillings. 27.

he performance of any duties under
this Act, commits an offence and on conviction shall be liable
to a fine not exceeding three hundred shillings. 27.

A contract entered into by the Authority and a matter or
thing done by any officer of the Authority or by any person
acting on behalf or under the Authority or direction of the
Authority shall not subject the Authority, an officer or a person
to any action, liability, claim or demand whatsoever, if the
matter or thing was done or the contract was entered into bona
fide for the purpose of executing this Act. 28. Where a contravention of any of the provisions of this Act
or any rules made hereunder is committed by any company or
corporation, any director, secretary or manager thereof may be
prosecuted and may be held liable for contravention and the
consequences thereof. 29.Where proceedings under this Act are competent against
several persons in respect of the joint act or default of that
persons, it shall be sufficient to proceed against one or more of
them without proceeding against the others. 30.

of the joint act or default of that
persons, it shall be sufficient to proceed against one or more of
them without proceeding against the others. 30.

The Authority may by itself or any of its officers, or any
person generally or specially authorised in writing by the
Authority, sue for any sum recoverable under this Act, or
Protection of
Authority and
its officers from
personal liability
Liability of
director, secretary
or manager of
company
Proceedings
against several
persons
Recovery
proceedings
Act No. 1 of 2008 s. 47

onal liability
Liability of
director, secretary
or manager of
company
Proceedings
against several
persons
Recovery
proceedings
Act No. 1 of 2008 s. 47

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790
default in complying with any provision of this Act or any
rule made hereunder, if the default is alleged to have been
committed within or to affect its area, or to affect any public
sewer vested in it outside its area. 31. Nothing in any law shall be construed as preventing any
Authority from exercising any power or performing any duty
under this Act by reason only that in exercising the power or
performing the duty it must do some act or thing or incur
expenditure outside its areas. 32.–(1) Notices and other documents under this Act may
be authenticated by the signature of any officer or person
authorised by an Authority.

s areas. 32.–(1) Notices and other documents under this Act may
be authenticated by the signature of any officer or person
authorised by an Authority.

(2) Notices and other documents required or authorised
to be served under this Act may be served by delivering the
same to or at the residence of the person to whom they are
respectively addressed, or where addressed to the owner or
occupier of the premises by delivering the same, or a true
copy thereof, to some person on the premises, or if there
is no person on the premises who can be served, by fixing
the same, on some conspicuous part of the premises; they
may also be served by post by a prepaid letter, and if served
by post shall prima facie be deemed to have been served
at the time when the letter containing the same would be
delivered in the ordinary course of post, and in proving
such service it shall be sufficient to prove that the notice,
order or other document was properly addressed and put
in the post. (3) A defect in the form of any notice or order made
under this Act shall not invalidate or render unlawful the
administrative action taken or be a ground for exception to
any legal proceedings which may be taken in the matter to
which such notice or order relates, provided the requirements
thereof are substantially and intelligibly set forth.

hich may be taken in the matter to
which such notice or order relates, provided the requirements
thereof are substantially and intelligibly set forth.

Power of
Authority outside
its area
Service of notices

Power of
Authority outside
its area
Service of notices

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THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E.

rved. No part of this book may be reproduced or distributed without permission of OAG.791
THE PUBLIC HEALTH (SEWERAGE AND DRAINAGE) ACT [CAP. 336 R.E.

2023]
PART VII
RULES
33.–(1) The Minister may make rules for the better carrying
out of the purposes and provisions of this Act, and, without
prejudice to the generality of the foregoing, in respect of any of
the following matters:
(a) the protection of public sewers;
(b) private and public sewers and the supervision and
maintenance thereof, and the communications and
connections between drains and sewers, and between
sewers;
(c) the drainage of land, public places, streets and premises,
and the disposal of foul water and storm water and
subsoil water;
(d) the plans, execution, construction, inspection and
testing of drainage and sewerage works, and latrine
accommodation, and the materials to be used in the
construction thereof;
(e) the giving of notices, and the making of and adherence
to plans, sections, specifications and written particulars
in relation to sewerage and drainage works, latrine
accommodation and sanitary conveniences;
(f) any forms, charges and fees relating to the subject
matter of this Act and any rules made hereunder; and
(g) the prescribing of any matter which is to be or may be
prescribed under this Act.

the subject
matter of this Act and any rules made hereunder; and
(g) the prescribing of any matter which is to be or may be
prescribed under this Act.

(2) Rules made under this section may prescribe penalties
for an offence consisting of the breach or contravention of the
rules not exceeding three hundred shillings, and, if the offence
is of a continuing nature, a further fine not exceeding forty
shillings for each day during which the offence continues. (3) Rules under this section may provide that, if any work to
which a rule applies contravenes the rule-
(i) the Authority, without prejudice to its right
to take proceedings for a fine in respect of the
Rules

to
which a rule applies contravenes the rule-
(i) the Authority, without prejudice to its right
to take proceedings for a fine in respect of the
Rules

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792
contravention, may by notice require the owner
either to pull down or remove the work or to effect
such alterations therein as may be necessary to
make it comply with such rule; and
(ii) where a person to whom such a notice has been
given fails to comply with that notice before the
expiration of such time as may therein be stated
or such longer period as the Authority may allow
the Authority may pull down or remove the work
in question or effect such alterations therein as
may be necessary and may recover from him the
expenses reasonably incurred by it in so doing.

e work
in question or effect such alterations therein as
may be necessary and may recover from him the
expenses reasonably incurred by it in so doing.

(4) A notice as mentioned in subsection (3) of this section
shall not be given after the expiration of twelve months from
the date of the completion of the whole of the work authorised,
and, in any case where plans were deposited, it shall not be
open to the Authority to give such a notice on the ground that
the work contravenes any building rule, if either the plans were
passed by the Authority, or notice of their rejection was not
given within the prescribed period from the deposit thereof,
and if the work has been executed in accordance with the plans
and of any requirements made by the Authority as a condition
of passing the plans. 34. Where any rule or by-law relating to sewerage, drainage
or sanitation made under the Local Government (Urban
Authorities) Act, or the Local Government (District
Authorities) Act, conflicts with or is inconsistent with or
repugnant to any rule made under this Act, the rule made
under this Act shall prevail. Rules made under
this Act to prevail
Cap. 288
Cap. 287