SECTIONS THE ENVIRONMENTAL MANAGEMENT FOR SUSTAINABLE DEVELOPMENT ACT . 1996 ARRANGEMENT OF SECTIONS. PART 1 - PRELIMINARY PROVISIONS . 1 Short dUe and commencement. 2 Interpretation. 3 Binding nature of the Act. PART II · GENERAL ENVIRONMENTAL OBLIGATIONS 4 Purposes of the Act. 5. Pri ority environmental public works . 6. Right to clean and heallhy environment and duty 10 maintain it . 7. Prmclples ffor sustainable developrnenl of renewable natural resources. PART III - ADMINISTRATION 9. Establishment of the speCHtl Commluee of the Revolutionary CounCil on Environment . 10. Compol!Itlon of the Committee. 11. Meetings 01 the Committee. 12. Functions of the Committee . 13 Powerl! of the Committee . 14. Power of the MiniSter 10 issue direCtives. 15. Co nl idellUahty 16. Departmenl of Environment. , I. Desgination of I he inslitutlOn responsible for the environment. 18. AppOintment of staff . 19. Functions of Ihe ms tlt ution responSible for the environment. 20. Powers of the inStitution responSible for the environment . 21 Oelegal;on of povvers. 22. Special Advisory Committee . 23. Stop orders. 24 Default nOllces to responsible. 25. Emergency environmental measurel!. 26. Role of lead ;nStitUtlOns.
Transcript
SECTIONS
THE ENVIRONMENTAL MANAGEMENT FOR SUSTAINABLE DEVELOPMENT ACT. 1996
ARRANGEMENT OF SECTIONS.
PART 1 - PRELIMINARY PROVISIONS.
1 Short dUe and commencement. 2 Interpretation. 3 Binding nature of the Act.
PART II · GENERAL ENVIRONMENTAL OBLIGATIONS
4 Purposes of the Act. 5. Priority environmental public works. 6. Right to clean and heallhy environment and duty 10 maintain it . 7. Prmclples ffor sustainable developrnenl of renewable natural
resources.
PART III - ADMINISTRATION
9. Establishment of the speCHtl Commluee of the Revolutionary CounCil on Environment .
10. Compol!Itlon of the Committee. 11. Meetings 0 1 the Committee. 12. Functions of the Committee . 13 Powerl! of the Committee . 14. Power of the MiniSter 10 issue direCtives. 15. Conl idellUahty 16. Departmenl of Environment. , I. Desgination of Ihe inslitutlOn responsible for the environment. 18. AppOintment of staff. 19. Functions of Ihe mst lt ution responSible for the environment. 20. Powers of the inStitution responSible for the environment. 2 1 Oelegal;on of povvers. 22. Special Advisory Committee . 23. Stop orders. 24 Default nOllces to responsible. 25. Emergency environmental measurel!. 26. Role of lead ;nStitUtlOns.
27. Te<:hnlQll i-.nv.ronmem.al llnllS. 2R Inc.:nuve~ ;tnd d'5mcem.~C5 fOl"" env.ronmemal m.alUlgemenl 2~ NallOnal l,n~.ron .... emal found for Sustamable De .... elopmcnl 30. Purpose and uK" OT Fund monle!!. 31 Rccordl..c:ep"',
PART IV - PI.J\NNING
32. NallC)I1al .... nv'ronmental ACl10n Plan. 11. Local en~ ,rontlK'ntal acl10n plan. 34 Procedure~ lor preparauoll of env,ronmental actiOn plans. 35. ("o.nonunll:", environmental ""'''''gemellI plans. 36. In.elt-raled ('~lal Arca Management Planning. ]7. l'n:pilrah'lI1 ul CtJoal,tal Arc" Survey and Imegr.l1ed COIlSI"] Area Managemenl Plan.
PART V I NVIHO'lMI;'..NTAL IMPACT ASSF..sSMFNT
1M. n .... 'r .. n"'en"'l ""f"ICl assess men< reqUIrement ]~ UA -..:rccnmjt, .u. Lnv'h"ln"lc.ntal ""paCT 5talemem "' I \cup ,nl!. 4:!, Applocant re-.pon~Ible to,' Coo.l 01 LIS 4.1. 11'\ l"~pcn~ .... 1'.1<'; u'ml_nt~ "5 I orne I'mll lor 1 I'" re~'lCw 46, 1"'1)' l<) """,,'pl)" ""th n:qUC5U; lor mlNlnal10n. )"7. f.'S rC'·.., .... criTer .... 411, Al:li ... " In envlronmcmal .nsllluuon on EIS . .. q, (·r,te .... It,.. en~·,ronmcmal 1Il\IIIUIIO<1'~ dec'SlOn 10 dlS<lpprove an EIS :leuv"y. :50 -\ppea' .. , en ... ffinn1rntal ,,,,.IIIUllon·5 deciSIOn. 51. MIIII~ler·. dc<:"lOnmal..lIl$ procedun: 5;: -\ppea'. 51. Rca. .... _ ">1" Mlni"e,· .. do.."",'~K)TI. ~ ('r" ........... ,1r,,,,,,,,,,",F. .. '" .... , .. , ",It,,·., r ... qu;n: all 101<; 55. Aeu~n..,.. .... ·hK'h .. ul<>mal1call)" do not require an EIA cer"rtcale. :sit. "I,;U~"""" ..... I'tich "UlQn"'locaILy requ.re an F.IS. 57. tot .. n;'" .. ,n" requirement 58. 1·.n,' .... lIme" ..... L "Ih,;cr'~ fI'O"'e~ on lTlonl1orong. 511i1. R"",or"nlt requlreonenu, 60. nUl,. In m.tia:-.al<:. 61. Reltuliuor\ 11>.,1.."')1 J!'I.' ..... er nn I"'iA 62. t,n",runrnc:ntal all(ht~
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!'AItT VI - CONTROL AND MANAGEMENT or '>PL'CII·le l;.NVIRONM£NTAI THREATS
1'#\ 1(" I X J\lISCF LLA N ..... OUS " RO VI SIQNS
, ...... " .... ot ..,n~'r<>nmc: lllal "ffleers. ' 0"1 ...... ' '''1/. ih"1H .. ''' n~ I, n~ ,'''nm",",,,1 p"'r'onnancc bonds. 1"'11,,1 p ... ... ~d".,,~
Appc::. h tit <itt, .. .,ns made by 1M M ints'",,... In"n<.lOll y . rom "n>SeeUlIO". Sf-:,a l " " ' Irt" " "cnt.ll medlalor,>. Spc.. .... , e n, ,rnnm"nlal p roser;;u,ors. Spe<.-.al e,,, 'ffinmcnml a~~_ lkto.' .... 'lQn 0 1 SIaIC Anornry respo", .. ble ,....- envuomnemal mane.., on 7...aru..bar. t-u ..... " .. _ .. 1 Suue Attorney responsIble .0... en",ronmental mailers In Z.nlf;I~ • • Po_e ..... S Ule "' .. . ...... " r"~P<>fKlble 1...- en~· ,ron~ntal mall"'rs in .I' .... nlf;11>;tr Po .... ", .... m ..... " reltUI .. ,IO"" III ,ieneral Powc,r ... a mend <;.chedule~
121. <"Nnc'q\>C'n,,,, , arncn .. hneOh 124 (""'rr"hng pc '",ct
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ACT NO, 2 OF 1996
ASSENT
SALMIN AMOUR PRESIDENT OF ZANZIBAR
AND CHAIRMAN OF THE REVOLUTIONARY
COUNCIL.
J11:. ..... ~ .. >996.
AN ACT TO MANAGE THE ENVIRONMENT FOR THE SUSTAINABLE DEVELOPMENT OF ZANZIBAR
AND MATTERS RELATED THERETO,
ENACTED by the House of Repre:s.entalivea 01 Z4nzl t>.r
Short I lu e and
If'll*'pretatoOn
PART I ' PREUMINAAY PROVISIONS
This ~ may be Cited as the EnVironmental Managenlem tor Susta,nable Oeveloprnent Act 1996 end shall corne ,nto force upon as~t by the Pr-.d."t
In tn,s ACt unless tne COntOXl reqUIres Othefwtse '
'A Ct" means the Environmental Managemen1 for Sustainable DevOlopm.,t Act 1996 and all subs,dl8t')' legl~lJOn thereunder
'air" Includes air Wlthon a bUlldong a vehICle or Within any enclosure or s tructure.
'biologICal diversity" means the differences among and betw--. hVlI'lg organisms and the differences within and belw aen ecosysl enlS
Pagel
"COmmunity' means a group 01 lna,vlduals ana lamliles d,rect/yassociated WIth a recognized area through res+dence and may Include any local government InStitutIOn estabh$hed under applicable laws
"comm.tt __ means a SpecIal commltl_ 01 the RevolulJonary Council on EnvIronment estabhshed under sectIOn 9 01 thos Act as the final decIsIOn makIng body on env,ronmental matters In ZanZIbar
"Conllngency plan" means measures Intended to be applied In the event of a Spill o r othef" envlrorvn&ntal emergency
"Oepartment of EnVIronment' means the body w,th,n the InSlJtutlon responSIble for the envIronment which IS dIrectly responSIble for day-to-day emllronmental management In ZanzIbar
"Olrecto~ means the Government oHicM dIrectly responSIble for exercISIng the functIOns and powers of the Instltutton responsible for the envIronment by delegabOn and refers to the D,rector of the Department of the EnvIronment appointed undel'sect>on 16
"dumpIng" means any dellbenlle dIsposal of wastes or othel' mattel' from vehOCles vessels a.rcrnh pletlorms or olher manmade slructures at sea
"ecosystem" means the overall complex 01 hVlng organIsm communot,_ Intenocttng WIth ~r SUrroUndIngS
"effluent" means waste water or any other ItqUld WIth or wrtholll partICles of matter In suspensoon of domestoc. agncultunll, trade or Industnai ongln, treated or unIT_led and dIscharged dIrectly or IndIrectly Into the envltOrYTIent
"envoronment" means the natural re5Oi.KCeS SUrroUndIng human beongs and the interactIOns among and between these resources and humans,
"envIronmental emergency"' means an aellvlty or result which threatens ,mmedoate or IrreversIble harm to the envIronment
"environmental officer"' means an oHicer d861gnated under sectIOn 106,
"handllng- means the manufacture, processing treatment packagll-.g, storage transportatIOn ImportatIOn. use. collection, destruction. conVef"S,on. oHeong lor sale. transfer or the like of a substance
"hazardous" means likely to be POISOnoUS corrosive imtatmg noXIOUS explosive, inflammable. tOlUC or harmlul to the environment by reason of characteriStiCS handling use. quantoty location or climatic conditions
"Institution responsible for the environment" means the Institution deSignated under section 17 of thiS Act to be responsible for the envoronment
"instltutoon responSible for the national protected areas system" means the National Protected Areas Board established unde..- section 84 to be responsible for the national protected areaS system In 7an7lbar
"Institution responsible for nonrenewable natural resources" meens the mstltutlOn designated unde<" Sec1l()n 69 to be responsible for nonrenewable natural resources
"Ieed Institution" means any ministry department parastatal agency. commiSSion. authonty or public ottlcer in which or In whom any law vests responsibilities tor an environmental matter:
"lICensing InStitution" means any ministry department, parastatal agency commiSSion, authonty or public officer who approves an activity m ZanZibar by Issuing a lICence permit. c8ft.ficate or other Similar document
"Minister" means the Mlnlstel'" responSible tor the environment actmg In that capacity
-National EnVironmental Standards" means standards prescribed unde<" secllOn 63:
-natural resources" means living o rganisms. microorganisms and nonliVing physical elements and -
"nonrenewable natural resources- Includes stone. gravel sand lome. and other nonliVing phYSical elements which do not have a sustainable replacement rale. and
"renewable natural resources- Includes soli. water. alf.
Palte J
~t!;; trees anomal!;; f1s.h COret'. iIInd ot~ Of'Qt'I ..... sm§ and physICal elements which have a sustainable replacement rate
·person" means an ,ndlV>dual whether acting In a publIC or pnvate capacity a group 01 Ind,vlduals a community a luncheal person a Government InSt,tutlOn or Government corporate body:
"pollutoon" means the presence In the environment 01 Substances ,n such concentrations as are likely to harm the env,ronment
·prescnbed' means as prescnbed by the Act or any substdlftry legIslatIon unci .... the Act
·President' means the PresIdent of Zan~bar and ChalrTTlan of the RevolutIOnary Council
-qual'ty". when refemng to the env,rorvnent meens the charactenslJcs and capacllles a t the env,rorvnent
·subaKfiary leglSlalJon" means any regulation, nollee. rule, QUldelone, NBlJonal Env,ronmental Standard Code of good erlV1rorvnental practIce or other SImIlar Instn.lmen1 made In exercIse of any po_ under thiS Act
·substance" ,ncludes any nattxa.i or artifICIal substance whether In sobd hquld or gaseous form and any m,x1l.KeS of substances electncrty and heat
'sustaJl'lable development" means development thet meetS the needs of the present generalJon WIthout COmprom05lng the abIlIty of future ganerallOns to meet their needs
"trade" Includes ,mport, expOrt r_pon or other means of introductIOn .nto Zanzobar
"waste" m-.ns garbage. refuse. sludges constructIOn debns and Other substances d iscarded tram Industnel commen::oal domeslJC , 'nd'vodual. commun,ty or other actlV'ty
"water- catchment" means the area surround,ng a wal8f" source whose waters replenish that source and converge to flow Into the same nver lake or sea and
"water catctvnem management" m_ns the process of forTTluiatlng and carry'ng out a coun;;e of actIOn whICh uses
resources In tha water- catchment to meet SOClety'$ needs Without adversely aff9C1Jng the condition 01 those resources
n.tI.M'e of 3 This Act shall bind the Govemment
PART II · GENERAL ENVIRONMENTAL OBLIGATIONS
....... " .. ". Act 4 Every person has a duty 10 promote the purposes of thiS A c t which are to
(a) maintain baSIC ecological processes 0 1 land, water and alf.
(b) ensure the environmentally sound and healthy quality of life of the people of ZanZibar, preS"""'1 and tutu.e
(c) promote the sustall"lBble renewable I"IBtural resources
use of
(d) promote the ratlona' use of nonrenewable I"IBtural resources
(e ) preserve the bIOlogical and cultural diVersity 01 ZanZJbar's lands and seas and
(f) strengthen the institutIOnal capabilities lor protecting the environment
5 In Implementing the purposes of thiS A ct Government InstitutIOns in partJcular shall ensure that·
(a) publIC works are Implemented In an environmentally_sound manner: and
(b) all publIC work plans include among thOlr prionlies works which are aimed at overall environmental protection and improve<nent Incluclmg but not limi ted to
(il basic sani ta t ion services:
'>age S
(II) dnnkmg water !Ouppty
(iii) affordabl. and rehabl. energy supply
(IV) safe food end
... ~""" . ~~ S'lVlronment .
..-, .. n
( ' ) Every person ha$ a nght to a clean and healthy
'0 , Inable
o • .......
(2) Every person has a duty to maontain and enhance that environment
7 An renewable natural resources shall be used and managed .n accordance WIth the pnnclplea of sustainable development. Includ'nQ
(a) the quality end quantity of renewable natura' resources and lheor sunoundlng ecosvsterr'lS shall be SUStaIned
(b) dIsruptions 10 the _.Stlng InteractIOns between natural resources aUenvironmental elements and ecosystems shall be mInimIzed
ee) unnecessary or harmful use or management of renewab.., natural reso<..rcos shall be prevented
(d) all InJUry 10 the general welfare and to the nghts of pttr$OrlS. both pt"es&nt and fulur. shall be prevented or compensalad
Ie) a r9$Ource whICh IS SUitable lor vanous uses shall be USed and managed In II way whICh preserves as many of those uses as possible.
(f) deciSIOns to use renewable natural resources shall take ,nlO account the need lor environmental COn5ef'VatlOn. the need 10 ensure sustalnablhty and lhe naed 10 balance environmenta l. economic and socIal costs and benefits
" at/e b
•• fo r __ and
o f
(g) planrung 01 renewable natural resource management shall be partlclpalory and inU.'tgrated
(h) the commercial eXplOitatiOn of any renewable natural resource shall be earned out In accordance WIth the pronciple of ophmum suStainable management. and
(0) uses of renewable natural resources on the public domaon which are indispensable to meet baSIC dally loving needs of Individuals famIlies and communI ties and are compatible wIth these principles of sus telnable development shall be guaranteed
B All nonrenewable natural resources shall be used and managed In accordance Wl1h the pnnclples of suslalOable development Includlng-
(a) the commerCIal explol1a110n 01 any nonrenewable natural resource shall be camed out rahonally 10 conserve and recover the resource and 1he environment,
(b) direct or Indorect Impacls of nonrenewable natural resource use on ecosystems biological dlV8I'$Ity and renewable natural resources shall be minimized and any ImpeclS shall be addressed through environmental restoratIOn
(c) use of nonrenewable natural resources shall be minimized as appropnate on accordance With the overall need for sustaInable development of the country
(d) all injury to the genera! wetlare and to the nghts 01 persons. both present and luture, shall be prevented Or compensated ,
(e ) planrung of nonrenewable natural resource management shall be
Page 7
participatory, Integrated and balanced among EM'lVlronm8l'ltaJ economIC and social costs and benefits and
(f) uses of nonrenewable natural resources In the publIC domBln whtch are IndIspensable 10 meet baSIC dally livIng needs of Inchvlduals famIlies and communttles and are compallble Wllh these prtnclples of suStaInable development shall be guaranteed
PART III - ADMINIS TRATI O N
~:-::=:: 0 1 ~:~ 9 (1) There is established a soeclal commIttee of the , 0 n Revolutionary CouncIl on EnvIronment referred to as the
CommIttee
(2) The Committee shall declslOnmakmg body on envIronmental
be the highest matters In ZanZIbar
of !he 10 (1) The CommIttee shall be chaired by the ChIef M,nlstel'" or a Minister- desIgnated as tt'le representatIVe 01 the Chief MII'listel'".
(2) The President shall appo,nt the members of the CommIttee
(3) The Pnnclpal Secretary responsIble for envIronment shall aCI as Secretary to the CommIttee
"'" " (I) The CommIttee shall meet whenever IS deemed
(2) More than hall 01 the members 01 the CommIttee shall lonn a quorum al any meetmg
(3) The CommIttee shall regulate liS other proceecllngs as II deems lIt
the 12 Th8 Committee shall -
(a) resolve conflicts over envIronmental mattan; among Govemment and othel'" InSlltutlons
•• ' he
(b) make final decisIOns en,,,ronmental matters undet" thiS Act
reoarchng all referred to It
(c) approve NatIOnal EnVIronmental Acbon Plans as prescnbed under thiS Act and
(d) provide adVice. when requested 10 the Cabonet and guidance to the Minister on overall enVIronmental manage<ner>\ In ZanZibar
The Committee shall have the power to _
(a) ,n,l,ate Inquiries and InvestigatIons about any allegalton reh:ued 10 the environment and the ,mplen1entatlon or violation 01 the provIsions of thiS Act
(b) reqUIre any person to provide Infonnallon or explanation about any matter relatoo 10 the envu'Qnment 10 the InSlltutlon responSible tor the env.ronment and
(c) resolve confl,cts among Government InstiTutions about tneor respectIve functlons. duties. mandates_ obllgabOns or actIVities under th1s Act
',::'::::::_ 10 14 The M,nlstal'" shall give to any m'NStry regIOn or d,stnct II dlrec1lves necessary to Implement the Commln_'s deciSIOns
15 (1) Except as reqUired under sectIOns 39-62. InfOrmatIOn acquired by the Committee in the course 01 IIIn InqUiry or Investigation under section 13 shall be considered o,;u"r;d...--.tial until the Inquiry or InvesugatlOn IS complete
(2) When the InqUiry or Inv85119atlOn has been completed, the Information shall be shared with the public and as required by a court of law
o f 18 (1) There IS estabhshed Ihe Department of EnVironment Within the institution responSible for environment which shall be headed by the DIrector
(2) President
The Director shall be apPointed by the
..... I ion ......
,he o n
;;;;;;;. to. the
1 7 ( 1 ) Tne InstitutIOn U!Spons,ole fOl" me eo"IVlronmem shall be the M,l'lIstry Department or CommISSIOn 01 the Government under the Mon,st~ responsIble tor Ihe enY1fOnrnent or 8 COf"porate body constltuted Uf"der sub sectIon (2) of th,s S9ctJ0n
(2) The President may by order published .n the OffiCial Gazette constitute and name an ,nslJtutlOn responsible tor the envIronment who<::h shall be a corpore'. body for the carryIng OU1 of the powers and luncuons under th.s Act as may be specif Ied In the order
(3) Any corporale body constItuted subsectIOn (2) shall _
(a) have pMpelual successIon and a comrr'lOf'l seal
(D) be capable In law 01 SUIng and beong sued
(e) sub/eel to any apphcable laws be capable 01 holdIng acquIring pUrchaSing and alienatIng lend
(d) be caoaOIe of diSPOSIng 01 any movable propeny. and
(e) be capable 01 domg and perlorm'ng such acts and thIngs as bod,_ corporate may by law do and perle....., subject 10 the proVISIOns 01 th,s Act and any 01"- apphcable law
18 The ,nslJtution '8$pOl'lSIble lor the envIronment may oppoonl such other offi.c .... s and slalf as It may consocl .... necessary tor the effiCIent dIscharge of 'IS dut._ ,. ,""', (1) The InstJlutJOn responSIble lor !he environment
perform the follOWing functIOns _
(a) formulate. adVise on and on coHaborahon with other bodIes. Implement the polICIes of the Gove.nrnent on the protect ion and management 0 1 the envu'onment
"ago: 10
(0) coorClonat .. the actIVItIes related to
enVlrunment 01 all persons In Government
me (he
(e) ensure thaI enVIronmental COOCetTls are Integrated Into natIonal development plannIng and project Implementallon in a way which protects the envI.-orvnenl
(d) regularly monItor Implementation 01 the envIronmental poliCIes by Sec10raJ ana non-sectoral,nstltut,ons and recommend conflICt resolullon measures to the InstItutIOns coocerned and If necessary 10 the Commlltee
(e) ,n collaboratIon WIth othe<- .nstJtutlOns evaluate ElXlstang and proposed policIes and leg,slat,on and recommend measures 10 ensure that those poliCIes and leglslallon take adaquate account 01 effects on the environment,
(f) SpecIfy standards r'lOlTllS and cntena lor the protecllon of the envIronment
(g) manage and regUlate envIronmental Impact assessment requIrements and procedures In accordance WIth the prOVISions of thiS Act.
(h) conduct commISSIOn and approve research on any aspect of the
eov.rOflfTlent Including proposals for legislatIOn relating to !he environment and ",ubm,1 recomrn--.datlon", and reports based on the results of its research \0 the Institutions concerned and. If necessary. to the Committee;
(i) promote public awereness of environmental Issues through education programmes and the disseminatIOn of informatIOn
(j) coordinate the mon,\onn9 of trends 10 the use of natural resources and their Impact on the envlronmenl overall,
Page II
(k) establish and operate a system of documentatIOn and d.ssem.natlon of infonnatlon relallng to the enVironment
(I) prepare and e:oord.nate the .mplementatlon of env.rorvnental actIOn plans at the natIOnal end local levels as required under th,s Ae:t
(m) e:oord.nate the preparation and Implementat.on of e:ommunlty environmental management plans and ,ntegrated (:Oastel erea management plans as proVIded under th,s Act
(n) facllitale pubhc pan.c'patJon to lullill the purposes of th.s Act by empowe .... "19 and QrlCOu .... 9'ng peopl. to protect th.,r environment
(0) recommend to Ihe M,n,ster from tome to t,me .nternatlonal or regional agreeonents 10 whoch Tanzan,a should become patty
(p) rel8f" to the CommIttee any mana.' related to the purposes 01 Ih.s Ae:t and
(q) carry out such other funcbOns as are necessary to fulfill the purposes of th.s Ae,
(2) For the purpose of carryIng out liS functIOns and notwithstanding the NatIonal Secunty and Offle:lal Secrets A<:t the tnsbtutlon responsIble for the env.ronment may establish ........ ..... ",w,,,, .. "y"t_n 01 collaboreuon and conSultation wlln any person or institution Within or outsIde TanzanIa wh.e:h has the same objectives regarding environment on general
th e 20 The institutIOn responSible for the environment shall have all the powe.-s necessary to fulfill Its functions including but not limited to the power to -
(a) requite any person 10 provide ",format ion or explanation about any mane.- related to the emmonment
f'~" 12
(b) COrw'ono .. spoclQl odvlaory comm,n ..... undEK sectIOn 22 of thiS Act
(cl Initiate legal proceechngs against any person or
(d) Issue a stop order or default notICe In accordance ..... ,th sections 23 and 24 of this Act
of 21 (ll The Mlnlsler may delegate on ..... nllng any po ..... ers except tM power to appoint prosecutors
(2) Delegation of the po ..... er to appOint prosecutors shall lake place only in accordance ..... ,th sect ion 113
(3) DelegatIon of a po ..... er under thiS sectIon may I:)e made to any qualified person whether or not employed I:)y the Institution responsible for the environment
22 The institution responSible for the enlmonment through the Dlfector may appoint a special adVISOry commll'tee composed of relevant Intel"ested persons tor SUCh time and under such lTlalldate as needed to address an environmental ~ ... ency
23 (1) The instotutlon responsible for the enVIronment through the Doreclor shailimmedlate/y give a notICe of default WIth a deBdllne to any person who IS responsible for an eXlstong or proposed action or result which vIOlates thIS Act
(2) If the ViolatIOn has not ceased by the default deadline the onsututlon respons.ble tor Ihe _.ronment through the Dorector shall
(b) put an appropnale mark at the site of Ihe default to sho ..... that a stop order has been ISSUed
(3) II a stop order,s not observed the Institution responsible for the envIronment Ihrough the Difector may ..... ,thout any tunher notice. take any appropnate measures to mItigate or re<TIedy the environmental harm and the InstItutIon responsible for the environment through the Director shall be entitled to recover Ihe cost at such measures under section 101 of thiS Act
Page IJ
(4) A p....,..,n whn f, .. , ... tn nh.....-v.. .. ...top orde-r-c::ommrts en offence undel'" sectIon 100 of thiS Act
2-C (1) If an e)ustlng or proposed actIOn contravenes the proVISIOns of another Act relaled to the envIronment and the o fficers authorized 10 enforce that Act have not so acted then the inSlltution responsIble for the environment through the D,rector may give a nollce of default wIth a deadline to that responsIble InStitutIOn
(2) If that responSIble InstItutIon has nol cured the d efaun by the deadline. the inStItutIOn responSIble for the environment through the Director shall ref8l'" the matter to the M,nISter
25 In the event of an envIronmental emergency the InstitutIon responsible for the environment through the DIrector shall have the power to do any 01 the 101loWlng by ItSelf or In comblnatoon 'WIth the oth~ _
(a) convene a spec181 adVISOry commIttee under section 22 ot th,s Act
(b) Inmate legal proceechngs agaInst any person , Or
ec) Issue a stop order or default notIce in accordance WIth S8CbOns 23 and 24 of thIS Act
26 ( 1) The Implementation by the InstItution responsIble for the envIronment of its funcllons under th,s Act shall not release any lead mst.tut,on from periorrmng 1($ dubes as establ!shed by law
(2) Each lead instItution shall continue to perform its d utIes as prescnbed In any law proVIded that such law does not conflIct WIth the proVISIOnS of thIS Act
(3) If a conflict eXIsts among legal mandates.
(a) the prOVISIons of thIS Act shall prevaIl and
(b) the conflict shaJi be referred to the Committee whose deciSIon shall be final
P"8e: 14
",ii~a .. , 2 7 ,1) Any Government ,nslJlutoon may es18bll$n 81 .. TectvlIcal EnvIronmental Un" to
and
"" " ... n. a.
(a) lncorpomte environmental cntena Into that InstltutlOn-s respectNe poIOCI8S plans programmes projects and actIVitIes
(b) Implement the Act
(2) A Techrucal Environmental Un,t shalJ
(a) conSist of any number 0 1 professional personnal wi t h multidiSCiplinary education or elotpenence Including a t least one legal officer and
(h ) hA hu<10At'!id In _ch Govern.,....,. ,nstltubOn 5 budget
(3) Until an ,nstnubOn establ,she5 a Tec,vlocaJ Environmental Uflrt under subseclJon (II . tne Department of Environment shall functIOn as that InStitution'. T-=tlnocaJ Environmental Unit
28 The M, ..... s ter-. on the recommendabon Of the Dlr-=tor may p ropose to the Government for ,nclusoon In the annual budgM proposals
29 (1) Sustainab le ~Fund ·)
<a> tax IncentiVes TO promote the protecuon of the environment and the prevenllon or abat..."ent 01 pollutIOn
(b) user fees to ensure that those who use envIronmental resources pay the proper value 01 sueh UtJl,;uluon anti
(c) ta:o; diSincentives unsustainable US&
'0 of
det er the envlrorvnental
resources or to prevent th e genet8tlon 0 1 pollutants
The N aliOnal EnVironmental Fund D evelopment IS established (referred to as
(2) The Fund shall compnse -
Page IS
(a) those e.mounts appropnated by the House 01 Representatives lor me purposes of the Fund
(b) all amounts collected from administratIVe measures Imposed under thiS A ct el<cept as otherwise designated under sectIOn 87(2)(b):
(c) up to lifty percent (50"4), as prescnbed by notIce .n the Offic.al Gazette. of all amounts collected lrom penal fines .mposed on VIOlators of thiS Act except as o thBfWlse deslgnatad under secuon B7(2)(c)
(d) all amounts recetved by the Fund as voluntary contnbutlons
(e) all amounts or assets donated for the purposes of the Fund by any foreogn government mterr>8tlonal agency Or
foreogn InstItutIOn or DOdy
(f) any amount posted and fo<1eited as an environmental performance bond under sect.on 112. and
(g) any other amount as prescnbed by notICe In the OfficIal Gazette
(3) The MlnlstEM'" In consultation WIth the MlnlstEM'" responSible for finance shall prescnbe any amounts under subsecuons (2)(c) aod (2)(g) by notIce In the Official G~ene
(4) Th .. Fund choJi v_lIn Iho In<>lolullon roapon:!l.bl .. for the envlronmenl and subject 10 th,s Act shall be admll'llsterad In accordance WIth Its dIrectIOns
30 (1) The purpose 01 the Fund IS 10 .mplement thiS Act by protectmg. enhancmg and managIng the envIronment In Zanzibar on accordance wIth thIS Act's proVISIOns
(2) Any money not Immediately dIsbursed by the Fund to support actIVities for Its purpose shall be Invested in such manner as the U'lstltutlon responSIble for the envIronment. after consuftmg WIth tha Minister responsible for finance. shall detEM'"mlne
"age 16
(3\ The onslltulJon reapc>nalbl .. for the ""vlrol"ll'TMW'Ol Shall draw up StandIng orders polocles and procedures tor dO$bursemenl 01 Fund monoes onty In accordance woth the Fund s purpose
(4) All monoes receN8d shall be paId InlO a bankIng accounl and WIthdrawn only by cheques signed by aU1honzed persons
31 The InstItution respor1Slble lor the envIronment shall ens ..... e that proper books and oth_ records ot aeeoum in respect of receopts and eKpendltures ot the Fund are kept In accordance wIth the Treesury·s InStruct,ons
(1) With,n SIK months alter eech tlnanels. year has ended the Instltubon responSible lor the envIronment $halt subm,t to the M,nIster a report concernIng the Fund·s 8Ct",.,toes dunng the financoaJ year
(2) The report on the Fund shall Include
(a) an audited balance Sheet (b) an audIted stat8f'T1ent 01 Income and
aKpend'ture (e) such other "nancoal InlormabOn as the
MmlstM may requore
PART IV - P LANNI N G
32 (1) The ,nstltU110n responsible lor the envIronment ttvough the DlrectOl'" shall prepare a NatIonal EOVlroornental A ctoon Plan every five ye&f$ or such other 1 __ penod as may ba eonsod_ect nec_ .. ary
(2) The NatIOnal Environmental ActIon Plan shalt •
(a) Identify the pnnclpal environmental problems laCIng ZanzIbar
(b) provIde a framework lor Integrating environmental concerns InlO plans and programmes lor lhe development 01 Zanzibar
""Il" 17
(C) loenmy strategIes lor preventing controlling or mItIgating any adverse Impacts on the envlronment_
(d) assIst In the determ.nallon 01 pnontl_lor actIOn regardIng the anvlronrnern and
(e) promote the development of a natIonal awareness 01 the ,mportance of tna effie,EWl! sustaInable and equ'tal)le use and management 01 Ihe environment
(3) The NatIOnal EnVIronmental ActIOn Ptan shall be approved by the Comm,"_ and "hall be laId before the Revolutionary Council lor InformatIOn
33 ( 1) The instItutIon respons,ble for the environment through the D,rector shall prepare e lor.al AnvlronmAntal ectlOn plen when environmental prol)'BmS wIlloCtl r8C!uore special localIzed plar'onlng a.e oaenl,l,ed aspecoally tFlOSe whoch ttlraalen Ikely harm to
(a) Zanzlba. s bIOlOgICal dIVersIty or
(b) an ecosystem such as a coastal ar_ or water catchment
(2) Any pen;.on has the nght to petition the Director odentlfY1l'lg a problem whoch requlfe5 the preparauon 01 a lOCal env'ronmental acuon ~
(3) approved
A local envoronrnenta! by the M,fUSter
BctlOn plan shall be
'0 r 34 ( I ) Each envlronmEWltal actIOn plan prepared under
....... 0;,' aect.ons 32 ...-.d 33 5haU -
(a) be prepared through appropnate publiC partICipatIOn and In collaboratIon WIth other- concerned InstItut,ons
(b) lake 11'110 account othEtr relevant national and subnal,onal plans and be hafTTlOnlzed WIth them 10 the extent that they are consistent WIth IhiS Act.
I'ittle I ~
(c) bo h::J.rmonlZod with 0",31,n9 communIty emllronmentaJ management plans prepared under sectIon 35
(d) cover all manet'S relatIng to the envIronmental problem
<el contaIn gUldehnes lor the management and prolectlOn 01 lhe envIronment
(f) prescnbe slralegles lor preventing. controlling or mItIgatIng any adverse effects on Iha envIronment. and
(g) designate the eppropnate person or pet"sons 10 carry out the prescribed strategIes
(2) Once approved an environmental action plan prepared under sectIOns 32 and 33 shall
(a) be publiShed In an appropnate manner to proVide notICe to othel" pet"SOns and
(b) bind all persons and the Government
35 (1) Notwllhstandong sectIons 36 37 and 38. any community may make 'IS own environmental management plan lor the area in whiCh the community IS located and whose boundaries are detenrllned by agr_ment between the community and the Director
(2) Any communIty envIronmental management pAlIn made under thiS section snal!
(A) od-.llty th. communoty II", n".mb_ and lIS area and tne procedure lor determining these manet'S
(b) descnbe the environment affected by the plan and the management measures to be Implemented.
(c) be prepared through partiCipatIon of appropnate Governmental and nongovernmental persons.
PajolC 19
(d) 011000.10 0031S and benelllS of environmental management In an equitable manner:
(e) tdentlfy an appropnala mechal'llsm for !he community'S approval of vanances to !he plan
(f) be approved by !he Minister- through ttle Director
(g) be reviewed and modified from time to lime to take ,nto account emerging knowledge and ,_lilies and
(h) be published In an appropnate manner to provtde notice to other persons
!3) A plan maae under tnlS secllon shaU be binding on all persons who use Ihe enVIronment In the defined aree
14) A plan made under thiS section may be vaned onty by the community's deciSion made through _
(a) the mechanism Idenllfied In subsectIOn (2)(e) wh,cn ensures that the commul'llty approves ttle vanance.
(b) the same pro<::edure prescnbed under subsection (2) or
(c) mediation by a special envlfonmental mediator appointed under sactlon 116
(5) The InstitutIOn responSIble tor the environment ... provtde technical aSSIStance to any community WIshing ., pqop&re a community envlrorvnental management plan W"Ider tnlS sectIOn
(6) Bye-laws made under sectIOn 37 of the Zanzibar Munlctpal Council Act 1995 and sections 5 and 31 of Ine o..tnct and Town Councils Act 1995 shall reflect any mll.ure5 prescnbed In a community environmental n'IW1IIg&ment plan which applies 10 that area in whole or in - (7) A community shall be consulted and has the rtghI to panlclpate, through a designated representative, In
d ... eIopmenl dacl~n$ for Slles. Inside and o~lde lis boundanes which may affect Its area
(8) A commUrllty's specoftc plan to manage a natural r8SOUf'Ce or other sector 01 Its env,ronment covered by other laWS 01 Zanzibar shall be col'l$Hlered a communIty .-nIlronmental managenlent plan under th,s Act II It has ~
(a) prepared unde..- procedur_ eQulValenl to those pr9S(:nbed under secbOn 35(2) of th,s Act, and
(b) approved by the admInistrator responsIble tor 1t'l91 resource or sector
(9) For the purposes 01 th,S sect,on "admln'stretor" m_ns the off,cer who hokls a POSitIon and exe«:ISes h.xlctJons equIvalent to those of the Dlfector under thIS Act
,n The M,n,ster
(a) On the recommendatIOn of the Dorector
(b) In collaboratoon WIth the responsible Inst,\ut>ons and
(c) ,1"'1 COnsuLtatoOn With the users ot the coastal envlrorvnent
may by order publlShed In the Officla' ~en. declare On. or more Coastal Areas for Integrated multlsectoral planning
(2) An area compns'ng land and see rnay be declared e Coastal Area under subsection (t) ,I r1 has-
(a) d .. f,nabl .. g .... graphlCaJ bound .. n_
(b) Significant envIronmental value, and
ec) Intens<ve human act'vlty 01 sign,'ieant economoc ana sac,al value
37 (1) The Inst,tutlOn responsible tor the environment shall coord,nate the surveyIng of the Coastal Area and th. preparatIOn of an Integretad Coastal Area Management Plan based on the survey
Pai!C 2 t
(2) shall -
E<lch Coot:otcol A~oa Survoy undOl" thiS Seehan
(a) be earned out ,n collaboraTion WIth the publIC and responsible institutIOns
(b) descnbe the Coastal Area and Its bounaanes
(e) Inventory the coastal environment 01 the Coasral Area.
(d) odentJfy uses and users 01 lhe Coastal Area and
(e) Include any other relevant matters as prescnbed
(3) Each Integrated Coastal Area Management Plan under thiS sectoon shall _
(a) be prepared through appropriate pubhc consultatIOn and In collaboratIon WIth o ther responSible InstItutions
(b) be conSIstent w Ith the goals 01 existing env.ronmenlHl actIon plans prepared at the national and local levejs In accoroance WIth th,s Act
(e) take ,nto account Other re/evant national and subnatlOnal plans. especially those which apply to natural resources in tne Coastal Area. and b6 hsnllonlzed with those plans 10 the extent that they are <:,on ... ,.I...-.1 ""th th, .. Act
(d) be harmonized WIth eJtlstlng community environmental management plans prepared under section 35:
(e) anocate the costs and beneflts of Integrated coastal area management ,n an eqUitable mannel";
(f) designate Instltutlon(s) to prepare and Implement contmgency plans
(9) r8000cfle eXIstIng uses of the coastal envIronment
(h) be reviewed on a continual baSIS and
(i) dl!Slgnate an appropnate mechanism through whIch Integrated coastal area manageornent wIll be Implemented m the Coastal Area
(4) Any person has the nght to petlllon the M,OIster to declare a Coastal Area and prepare an Integrated Coastal A rea. Management Plan under secllons 36 and 37
PART V • ENVIRO NMENTAL IMPACT ASSESSM E N T
38 (1) No person shaU undertake any aclJVlty whIch is likely to have a significant Impact on the environment WIthout an EIA CertIficate ISSUed under th,s Act
(2) No IIcensmg ,nslltut,on shall Issue a licence permIt certIficate. or other form of approval for an activIty whIch IS likely 10 have a Slgn,flcant Impact on the envIronment unless an EtA CertIficate has been ISSUed for the actIVity
(3) Any person who vIolates th,s sectIon commIts an offence under seclJon 95
(4) For the purposes of thIs Part 'undertake- maans ,nlt,ate. carry forward. execute Implement develop. operate o. Other SImIlar actIOn
39 (1) Any person. Including eo Government InStitutIOn, whn wi£h_ 10 undertake .. n ,"Cil""y .. ,. spooclned unaer sectIon 38 shall submit to the institution responsible for the 8tlVIrDrvnent a report stalong conCIsely _
(a) the nature of the actIvity.
(b) the actlv,ties to be undertaken, Includmg eo descropllon of the productIOn process where applicable
(e) proPOSed location (size of sIte descnpuon. current uses. use of adjacent areas).
Page 23
(d) quant,lJes of raw matena.ls and o~ .nputs required .ncludmg wel8l" reqUIrements and cherrllcals to be used
(e) the number of people to be employ-=!
(f) antlc,pated products and by-prOOucts
(g) anltC'pelled waste products (solid hquoa gaseous) quant,tl_ of -':h, proposed methods of treatment and dIsposal and
(h) any OIh.,.. matters as may be prescttbea
(2) As soon as practIcal. the InstItution responslbl. lor the environment shall rev,ew the report requI red under subsect IOn ( 1) and snall -
("'I "'1"1"'""" 'h .. "''''-'''''Iy and ISS~ an EtA certif Icate In the pretK:nbed fOrTTl and sublect to any condllJOnS deemed necessary or
(bl request more Information stalJng reasons why ,t IS needed and the tIme penod Wlth'n whoch ,t must be proVIded 0'
(c) requITe an EnVIronmental Impact Statement under section 40
40 A n Env.ronmental Impact Statement (referred to as an EtS) shall
(d) descnbe the proposed actiVIty
fo) dosc:nbe the environ"' ...... , whtch could be affected,
(0 deSCribe the real altetnat.ve5
and praCtical
(g) assess the likely or po tential envIronmental Impacts o f the proposed actiVity and the alternatIves Including the direct Indirect cumulatllle. ShoM- and long-term effects
I'al/.C 24
(hl idontify and .. .,&<>G& rn..a .. u~"''' available to mitigate adverse environmental impacts and to enhance positive environmental benefits of the proposed actlvlly and the altematlves
(i) explaon methodology and interpretation of data where apphcable
cite data accessible knowledge
and documents and Indicate
which gaps
.,. ,n
(k) cite affected persons and communities contacted
{Il summanze bnefly the Information above In Klswahlh. and
(ml any other Information relevant to the proposed aClil/lty as m ay be prescribed
41 ( 1 ) Upon requmng an EIS under section 39. the Insutution responsible for the environment shall determine the seope of the EIS by agree.ng With the apphcant on -
(al the specifiC Issues of those required under section 40 10 be emphasized In the EIS.
(b) the persons to be consulted dunng the preparation of an EIS
(e) the methodologies to be collecting and analyzing the Information. and
used on required
(d) any other matters descnbing the scope 01 the EIS
(2) The procedure for determining the scope of an EIS shall be prescribed In regulations under th,s Act
(3) Schedule 2 stage
NotwIthstanding section 39. an apphcant for any actll/lty may proceed directly to th,s seoping
Page 25
c .. n I 42 The applicant 101 .. " EIA ..... II' .. <..:>oH .. ,., ... 11 b .... r the COSt tor COSI of prepanng the EIS
43 An EIS shall be undertaken by experts whose names and qualilical,ons are approved by the institution respons,ble lor the env'rorvn ...... t
44 (1) Upon receoVlf"lg the EIS the ,nstltutJOn responsible for the environment shall +
(a) circulate It for wntlen comments 10 relevant government bodies
(b) nollfy. as prescribed. the public by any appropnate m_ns of the place and tIme for revlewmg the EIS end submItting wntten comments and
(c) sohc,t as prescnbed the wntlen comments. by eny eppropnate means of the people who WIll be affected
(2) The comment period under subsection (1) shall ba not less than twenty (20) and not more than thIrty (30) WOrklf"lg days from the t'me of effeellva notIce 10 all persons Specofl80 under subs.ecllon (')
.mit lor EIS 45 The InstItution responsIble for the environment shall
IS ~.,,_ critena
complete liS rev,ew with," thIrty (30) workIng days after the comment penod has ended
46 (') The applicanllor an EtA cftMltlcate shall comply WIth the requests 01 the ,"Sl'tutlon responsIble for the erwlronmenl for any addltlonal Inlonnallon the InSlitution Slates IS necessary to r:omnlJOIJO ,Ie:. r~l_ and shall do ~ WIthIn the time penod specified In the requests
(2) The onformat,on under sectIOn may II'lClude documents design plans. access to relevant SItes and other relevant matenal
(3) An applicant's refusal to comply With a request uncieo' subsection (1) shall be grounds tor dIsapproval 01 an applicatIon lor an EIA certIficate
47 In reviewing the EIS, Ihe '"""tullon responSIble lor the envIronment shall take Into COnSlCleraliOn
Pa~c 26
(0) the bolance 1,.. .. 1 .......... , ....non - ana lOng· term Oenef,ts and detnments to the 8rlVIronmeI'Ji
(0) the nature 01 the acw",ty and how il COuld meet _irorwnental standards
Ie) possIble mltlg&IIon alternatives or o~ remedIal measures
Id) poSSible enhaneurnent alternat,v_ o~
other Oenel,oal measures. and
(e) the comments received on the EIS
b.,.. 48 After revlew1ng the EIS the InstitUtion respon",Ole for n men I a . the env,rorwnent shall on EIS
!OJ approve In. cen,hcale In suO,ect 10 n~....",
actoVIty and ISSue an EIA the prescnbed form and any COndl'oons d~ed
(b) request rno~e Information, stating reasons why " IS needed and the t ime penoa wlth.n whICh It must De proVided 0'
(c) disapprove the actIVity refuse to ISSue an EtA cer111,cate. notIfy the applocant and recommend to the lICensIng ,nst,tution that !he actiVIty nol Oe allowed to proceed
l o r 4 9 The onsmullon responSIble for the el'JVlronment shall n men I a I dIsapprove the actovlty and recommend to the hcenslng
Instltutoon that on 8CtrVJty not be ollowed to proceed ~ -
(a) the actoVIty 's hkely 10 result ,n Slgnoficant adversd IInpacl on the envIronment and
fbI there are no 8lternelNes whICh can mItIgate or remedy the s.gnlficant likety harm to the env,rorwnent
o. 60 omon,a'
on 'S
(') If the appllcont or IIce""'ng ,n",UtU1lOn _
(a) disagrees WIth the recommendatJOn made under- section 48(c) and WIshes to procaed with the actIvIty: or
~." •• , ,no
(b) considers the conchbOns Included on the EtA cert,ficate uncle.- sectIons 39(2)(a) or 48(a) to be equIvalent to dIsapproval of the activity notwithstanding the approval of the act" ... ,!y
then the applicant or Iic;:enslng InstItutIon shall notIfy the InstitutIon responsible lor the envIronment accordingly WIth,n seven (7) WOrkIng days of receipt 01 the decisIOn uncia.secllons 39 or 45 . as the case rna.,. be
(2) Upon rece"'''''g noullcatJon undersubsect,on (1) the Instltubon respons,bh;! lor the envIronment through the Director shall refer- the matte<" 10 the MinIster tor decisIOn WIthin foun_n wor1."ng days from the dale of SUQmlSSlOn
(3) In ralatTlng any matler to tha Monlster under subsacnon (2). the Instllutlon responsIble lor the en",ronment through the Director shall forward to the M,nister all InformatIOn comp.led dUring the applicatton process al1(l the .nst,tutJon s recommendatJon
(') The Minister shall dec,de whether to
(a) approve the proposed actIVity and direct the Director to Issue an EtA Certificate in the prescnbed form and subject to any condillons deen1ect necessary: or
(h) ('j'«>opp'OV .. the p.opo .. ed act.".tv
(1) In mak,ng a deciSIOn under subsectIon (1)_ the Minister may 'nvlle publiC comment as appropriate through Its stanchng ordOl'"S and may take ,nto consideration the significance o f the actiVity ,n other nallonat poliCies
52_ A deciSIOn 01 the M,nister under section 51 may be appealed unclei'" section 110
P,,~e 28
for 53 If the Minister decodes to approve or disapprove the , ;;Oc_;~ proposed activity. It shall state Its reasons and show that It
has conSIdered the recommendatIOn and InformatIOn prOVIded by the Institution responSible lor the environment
for 54 For the purposes 01 this Pan an actiVity shall be conSidered likely to have a SIgnificant Impact on the environment and shall be required to prepare an EIS il It WOUld, by Itself or cumulatively WIth other activities of Similar nature or location -
(a l use major amounts at resources eolher liVing or nonliVing
(b) result m the production of waste which would be In mator Ql.lantlties or at a hazardol.ls nature.
(c) n"Iodify tho QnVlf'Cnn"lont OOPOCIOJiy tho coastal area. on a major seale.
(d) Influence population shifts In ma,ar ways
(e) affect environmentally senSItive ar-.s or
(I) embody sucn Other chlilractenstJcs as may De prescnbed unde<'" this Act
55 An EtA certificate shall not be requited of any person undertakong any actrvlty IIstad on Schedule 1 to Ihls Act unless the InstItution responSible lor environment determines olherw.se
56 (1) An EIS shall be requited of any person undertaking any actiVity listed on Schedule 2 10 thiS Act
(~) An applICant lor a ::x:nedul. :.! actiVity may proceed dlrectty to the seopmg stage under sectIOn 41
(3) An EtA certificate lor any activity IISled on Schedule 3 to this Act shall _
(a) Include as one 01 liS conditions the deposll of a section loa erwlronmenlal performance band by Ihe pEH"SOn unden'lkon9 the activity. and
(b) require notice 01 the activity to the affected community il any
57 (1) The EIA certlficate shall impose any conditions necessary to ensure that the Implementation of the activity complies with the Act
(2) The Institution responsible for the environment, In collaboration with relevant persons. shall carry out penodic audits of each activity to ensure that the conditions are fulfilled
sa. Any environmental olficerduly appoonted under section 106 of this Act may enter upon any Land Or premises for the purpose 01 monltonng the effects upon the environment 01 any actiVIties earned out there
59 The holder 01 an EIA certificate shall submit any record., or reporto(: doomed necoH; .... 'Y by th.. in .. "tulian responSible lor the environment to ensure comphance With the COnditionS Imposed unde.- sections 39 48 and 51
60 {I} Where monltonng shows non-comphance With the conditions in the EIA certificate the holder of the EIA certificate shall
(a) take all reasonable measures to mitigate these unforeseen effects
(b) report such measures to the institution responsible lor the enVironment, and
(c) pay any Ime imposed administratively by the Institution responsible for the enVironment for initial non-comphance as preSCribed In Schedule 4
(2) If additional monitonng shows continued non-compliance With the conditions In the EIA certificate a reasonable period 01 lime after sleps have been taken unde.subsection (1). the institution responSible lor the environment shall -
(a) Impose a line lor a continuing offence on the holder of the EIA certificate
(b) revoke the EIA certificate. and
Page 30
n a , en t al
(e) raport the continued non-co ...... pliance and EtA certificate revocation to the appropriate licensing Institution
(3) Upon notification under subsection (2), the approval document shall be deemed null and VOId for the act iVity In question
(4) For the purposes of this section. "approval document" means any permit licence. certificate Or other approval a holder 01 an EtA cerUficate has racetved from a licenSing Instllut,on
61 Within six months from the enactment of this Act the Minister shall Issue regulations on the procedure to be followed for en" .. onmental Impact assessment
62 (l) Upon commencement 01 thIS Act, ,n collabo'dllu" WIlt1 responSible Institutions, the Institution responsible for the environment shall mon,tor eXisting actiVities and determ,ne which ones reqUire audIts to revIew the .. compliance WIth the prOVISIonS of thIS Act
(2, responsIble acttvltles to Ac'
In fulfillIng Ihls functIOn. the mstltutlon for the envIronment may reqUIre operators 01 submIt annual reports on COmplIance WI th the
(3) Upon a finding of non--compliance, the instotution responsible for the envIronment through the Director shall take appropnate acuon by Issuing a compliance order, a stop orda..- or an admm;strallVe hne or a combmatlon of the above
PART VI - CONTROL AND MANAGEMENT OF SPECIFIC ENVIRONMENTAL THREATS
63 p, The M inIster Shall, on the recommendatIon of the D;rector, prescnbe NatIonal Environmental Standards to _
(a) prevent Iom;t Or mItIgate pollution from eXIsting and new sources; and
(b) enhance the quality of the enVironment
(2) The Director shall recommend such National
Page 31
" .. ,nmenta l
Environmental Standards based on -
(a) the purposes and prOll'1s.ons of this Act,
(b) consultations with responsible Institutions and any person With relevant expenance or expertise: and
(el the best 8vElllabte :>elenu!,c ,nformallon
64 The ,nslJtution responSible lor the env,rorvnent may ISSue permits 10 Implement Nauonal EnVironmental S tandards as prescnbed In regulatIOns under th,s Act
65 ( ' ) The instltuhon responsible for the environment through the Director shall Issue gUidelines and codes of good environmental practice 10 tul"!! the purposes of th,s Act and t o ensure lhal the National EnVironmental Standards are Implemented cohenmlly
(2) The InStitution responSible tor the enVironment shall publish any gUidelines or codes of good environmental practice ISsued under Ih.s section and dlSSefTllnate Information about the,r e>ustence through appropriate media
(3) Any gUideline or code of good envoronmantal practIce issued und er thiS section shall be detaIled and based on the best sc,entof,c ,nforTTlatoon available to the InstitUtIOn responsible for the environment
(4 ) Compliance With gUIdelines and codes o f good eov,rorvnental pract>ce Shall be pnma faCIe evidence that a person has complied with the proVISIOnS of thiS Act
(b) export hazardous waste to any country Without obtaining the authonzatoon of the institutiOn responSible tor the erwlronment which may be ISSUed only With the pnor 'nforTTled consent of the receovlng country
(c) transport hazardous waste Within or through Zanxlbar. Including liS tarmorial waters Without an authonzat,on from the
f'agc 3::!
In f ormed A uthonty - 67
Institution responSible tOt the environment: Or
(d) discha rge hazardous waste as a product or byproduct except in accordance With the authonzat,on o f the Institution responsible for the environment
The InstltUlon responsible for the envIronment IS desIgnated as the Pnor tnframed Authority In ZanZIbar
sa ( 1) No per-son shall handle Or discharge or cause to be handled o r discharged any hazardous substance except In accordance WIth procedures to protect the environment as prescribed by the institutIon responSIble for the environment
(2) The In,<IIII",nn r .... r>nn."'ihl." for tho> ...,,,ironment shall Issue gUidelines and preSCribe measures for the management of hazardous substances in collaborallon With the institutions rasponslble for health and agnculture and Other responSIble InstitutIons
(3) The gUIdelines and measures prescnbed under subsection (2) shall Include
(a) regIstratIon
(b ) labelling
(C) pack agIng:
(d) advertiSing.
(e) control of Imports and exports
(f) distnbuhon. storage. transportation and handhng.
(9) monItoring 01 the substance "S use on the
effect 01 environment
the
(h) disposal 01 expired or surplus hazardous substances
Page 33
(i) r=tnctong and bnnnlng hazardous substances whose handling poses senous tlYeolS 10 the envIronment and
(j) sampling and assessing affected areos
(4 ) A person ..... ho contravenes subsectIOn (1) commIts an o ffence under sectIOn 98
(5) The InSlltutlon responSIble for the environment through the Director may by nollee In the OffiCial G82ette ban or restnct the handling or discharge of any hazardous substance
ewable 69 re.ource
(6) Any notice under subsection (5) shall _
(a) IdentIfy areas 01 any ..... here that nazardous suDStance IS currently bang handled or dIscharged ana
(b) be communicated directly to any affected area
(tI) No person shall excavate remove. transport or Sell any nonrenewable natural resource from publIC and/or pnvate land WIthout a permIt as prescnbed by the InslltUllon responSible lor nonrenewable natural resources
(1) No licenSIng ,nstllut,on Shall ISSue a pefTTlIt to excavate. remove transpon or sell any nonrenewable natural ~urce unless -
(a) such act,vlly IS ,n accordance WIth the provIsIOns of thIS Act and any other la ..... on the matter
(b) the prascnbed lee has been set In accordance WIth the purposes 01 thiS Act. especIally sectIon e
(c) the preSCribed fee has been paod.
(d) the permit allows removal of the nonrene ..... able nalural resource only from a desiQnaled eMcav8tlon Site.
(e) the p .... "", COndItIOns lor large-scale activIties requIre environmental mitigatIOn or rOStorellon Of the removal Site: and
(f) an envIronmental performance bond has been poSted as preSCribed
(2) The MinIster Shall designate the InStitution responsible tor nonrenewable natuml rosourc_ by order in the OffiCIal Gazette
(3) The Mlnlstel" responsIble tor roonrenewable natural resources In collaboratJon WIth the ,nstltutJon responsIble for the envIronment shall des,gnate by notICe In the OffiCial Gazette e)(cavatlOn Sites tor the retTlOvaJ at no~ble naturel resources
(4) The permit holder shall on demand pm<1~. 1M pennlt 10 any authOnzed Officer ot the Institution responsible for nonrenewable natural resources and any env,ronmental officer
(5) A r&cord of permits shall be kept at the InstItution dB$lgnated under subsection (3)
(6) The record In subsection (6) shall be reported on a se.ni~annual baSIS to the institutIon responSIble for the envIronment
PART VII - P R O T ECTED AREAS AND BIOLOGICAL DIVERSITY
::~::::~,:.,,~o~t 70. (1) There shall be a natIOnal protected areas system In ZanZIbar comonSlng tPn'~ln .. 1. aquatic .. nd ""xed terrestnal and aquallc ecosystems
(.2) E)(Jsllng reset"lles. sanctuanes, conttolled areas and othel' areas protectecl wholly or In part by a lead ,nst,tution shall be eligible for inclUSIon In the natIOnal protected areas system by actIon of the instItutIon responSIble for the natIonal protected areas system undet' this A~
":::-:::~Of natIOnal 71 The purposes of thIS national protected areas system ~ areas shall be .
'::'~;dnatlonal III a r ea
o r les o f p rotected
72. (11 the national
(a) preservatlon_ (b) sustainable utilization by residents in and
near the protected areas: (e) propagation of genetic resources for
conservallon on other areas. (d) education. (e) management of biological diverSity (f) scientific research. and (9) environmentally sound tourism and
recreation.
Any area may be recommended for ,nch.J5lon ,n protected areas system on the basIs of the
foLlOWing criteria
(a ) nchness of biological diversity
(b ) uniqueness of biological reSOurceS at "'pee,RS "nmIT" m,'y ""n<1 AN"'I"y""Am levels
(e) representation wlth,n the area of a vanety o f Zanzibar's ecosystems: and
(d ) diversity of uses tor ,ts component resources
(2) Areas to which one or more 01 the croleria on subsection (1) apply shall be recommended for national protected area status If they -
(a) have Important inte..-nat,onal signoficance or value:
(b) are threatened urgently by eXistIng or proposed uSes or
(c) afe actively suPPOrted for natIonal protected area status by local communotles and other uSers
73 (1) The inst,tut,on responsible tor the national protected areas system In ZanzIbar shall claSSIfy an area recommended for declaratIon or zonIng as a national protected area as one or more of the follOWIng categones
{al controlled area,
Page 36
power to p rotected
a . 0 f ,nat Ional
(b) r....-v ..
(c) sanctuary
(d) park
(e) conservatIon __ or
(I') omer- category defined In rul_ made Oy the lostltutlon responSIble tor the natIOnal protected areas system
(2) The mstltutlon responSIble tor the natIOnal protected a reas system shall make rut_ prescnbong the act,Vltoes to be permItted or restricted In ar_s or zones correspondIng to the categOfles desognated In subsectIon (1) provIded that no acllvlty shaH be permoned In a natIOnal protected area ,I that act,vlty IS proh,blted under anothef" "'pphcablo A.ct
(3) The rules made under lhls 5ecllon Stl8.11 be published In the Ofhcl8ot Gazene by the M,noster respons.ble for the national protected areas system
7-. (1) The M,rustet" responSIble for the envIronment may dect.are any area 10 ZatUlbar an ar_ of InternatJonal slQnoftcance under InternatIonal agr~ents
(2) An area declared of ,nternatocnal sognohcance under subsection (1) may be t8I'Te5tnal aquatIC or muted aquatoc and t8l'Testnai ecosystems
of 75 (t) Upon the recommendatIOn of the InstItutIOn p rotected responSIble for the national protected arees system_ the
M,noster respol"lSlble tor the natIOnal protected areas system shall declare a nBDonaJ protected areR
(2) Any pEN"$On may petltoon the InstitutIOn responSIble for the natoonal protected tlf6ftS system and nomInate an area for protection under thIS Act
(3) The Instltubon responsIble for the natIOnal protected areas system ,.hall con.,d.,.- all petItIOns made under subsectoon (2)
=::~' ~'~ f o r 76 nat IOnal be made In accordance WIth tna rules made by the .nstltutlon ar_s respons,ble for the national protected dr_~ f>y"tern
(') A declaratoon made u .. d~ section 74 or 75 shall
(a) Specify notice to the affected persons of not less than forty-five (45) working days;
(b) require consultation With the concerned lead institution the lead Institution's Minister and other concerned persons panocularly those livong In and around the proposed area
fc) set out procedures to Identify and settle eXlstmg nghts In Such areas: and
(d) be published in the OffiCial Gazette by the Mlnist~ responSible for the nat ional protected areas system
77 (1) Only the PreSident may declare that an area preViously declared a national protected area under thiS Act shall no longer be protected under thiS Act
(2) A rernoval declaration under subsection (1) shall be made only upon the _
fa) pnor unanimous recommendation of Ihe msutullon responSible lor the nallonal protected areas system: and
(b) pnor approval of the Committee based on a completed Environmental Impact Statement In accordance With thiS Act
76 (1 ) Every effon shall be made through the planning process to identify and accommodate existing nghts to the extent that they are compatible With the purposes for which the national protected area is being established
(2) To the extent that eXlsttng rights cannot be idenllfied or accommodated through the planning process they Shall be e )(1:inguished and adequate compensatIon shall be paid to the holders of those nghts which have been Identified
on 79 ( 1) No mSIotution shall have the power to distribute. alienate or lsase land in a national protect ocl area unless 1\ is directed to do so by the Insti tution responSible for the national protected areas syslern
(2) The Inst,tutlOn responsIble for naUOnal protected areas may dtoClde to dlstnbule. alienate or lease land in a national protected area only In accordance With ahenatlOn procedures under 8XJstmg laws and
(a) With the pnor consent of the 'nstllullon responSible for lands and
(b) With the supramajonly consent as prescnbed ,n Schedule 3
ThcKe is establIshed a NatIOnal Protected Areas Board ",:;::.,,;O~f 80 ~ as the InSlltutlon responsIble for the nallonal protected areas
systenl In Zanzibar
81 Tha National Protected Areas Board shall perform the follOWing funcbOns ~
(a ) formulate adVIse and coord,nate the Implenlentallon of the poliCIes of the Govarnment on protected areas
(b) recommend to the M,nlstar responsIble for th6 natIonal protected areas systetTl those areas whIch are SUItable for national protected araa status
(c) approve management plans for natIonal protected llireas under sectIon 86_ and
(d) desIgnate the appropnate lead institutIOn to manage a natIonal protected area under sect,on 85
82 The National PrOTected Areas Board shall have all power.;; necessary to futhll Its 'UnctIOns
n 0 f 83_ (I) With the approval of the NatIOnal Protected Areas Board. the ChaIrperson of the NatIOnal Protected Areas Board may delegate In writing any of the NatIonal Protected Areas Board·s powers except ,IS POWal'" 10 recommend natIOnal protected ar8EI status to the Mm,stEll'" responSIble for the national protected areas system
(2) ThIS delegatIon may be made to any pElr"SOn qualified 10 exercise those powers whether employed in Government or not
Page 39
84 (I) The NatIOnal Protected Areas Board shall regulate Its proceedingS as prescnbed In Schedule 3 to this
Areas Act
(2) With the consent of the NatoOnaI Protected Areas Board. the Mlnlste!" responsible for the national protected areas system may amend or repeal any provIsion In Schedule 3
of 85 (1) For each natIOnal protected area the National Protected Areas Board shall Cleslgnate one or more lead Institutions or olhe!" qualified persons as the management authonty lor that nalJonal protected area
(2) The management authority designated uncle!" subseclJOn (I) shall -
("'I ,"""VA r>nmAry r .... r>nn""hlhly In. mAnAO'ng the national protected area
(b) prepare a management plan lor the area uncial" section 86 , and
(cl Implement administratIVe measures specified ,n the managetTlent plan
(3) In des.gnaung the management authonty under subsection {II. the Natlonal Protected Areas Board shall-
(a) take Into account e)(Jst.ng management plans for that or a Similar protected area under applicable laws and
(bl consult any Inst,'u"on or pfH"'SOn who IS currenlly managing tha, or a Similar pro."""' • ....:! _eo under epphc:eble ''''_ and managemen, plans
(4) The managetTlent authoroty shall be designated unclar thiS section only In ac<:orClance With the procedure set out on SChedule 3
.... m'~' p lan 86 (1 I Each national prottlC,ed area 'l.hall be managed In accordance WIth a plan which
(a) identilies areas of biological diversity
(b) Identifies aSSOCiated CommUnities. other users and Institutions to be Involved
{cl descnbes extenSion and education work WIth these commumties and other users on the establishment of the protected
"'~
(d) allocates costs and benefits of the area s protection In a manner conSidered eqUItable by the persons identified under subsection (1 )(b):
(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 protBCted area
(h) prescribes means to monitor the Implenlentatlon of the plan
(i) describes any other malter relevant to envIronmentally sound managenlent of tne national protected area
Ul is approved by the Nallonal PrOtected Areas Board and
(k) IS published In the Official Gazette by Ihe Minister responsible for the national orotected areas system
(2) Management m..asures under subsection (1)(f) may include·
(a) zoning
(b) access restrictions:
(cl use restrictions:
(d) benet!' sharing.
(e) administrative measures Including entrance fees and permits and
Page -l J
.,.."..,.
(f) anv other measure deemed appropnala by tne communotles and other users
tor 87 (1) The National Fund lor Protected Areas Areas Manage<TIent IS established
(2) The Fund shall compns ..
(a) thoSe amounts appropnated by the House of Representatives for the purpose 01 managIng !he national protected areas system In Zanztbar
(b) all amounts collected trom admInIstratIve measures Imposed under sectIons 70-86 of thIS Act
(c) up to fitly percent (50%). as prescnbed by notoce in tho Offici"l Cazette of amounts COllected from penal 1,, __ related to VIOlatIons 01 sections 70-86 of th,s Act
(d) all amounts rec81ved as IIOluntary contnbutlons to national protected BreElS management In ZanZIbar
(e) all amountS or assets donated for national protected areas management in ZanZIbar by any for9lgn government InternatIonal agency or lor9l9n instItutIon or body and
(f) any other amount prescnbed by notice In the 0ff,c.al Gazette
(3) TI... MiniS''''' (aspansillie lor tne natIonal pro tected areas system, after consultatIon WIth the M,n,ster responSIble lor linance, may prescnbe any amounts under subsectIons (2)(c) and (2)(f~ by notIce In the Off,CIal Gazette
(4) Any amount accepted mto the NatIonal Fund lor Protected Areas under subsectIon (2)(d) or (2)(e) may be d edlcated to the management of one or more natIonal protected areas designated by the donor
(5) The Natlona' Fund for Protected Areas Management shall vest In the NatIonal Protected Areas Board
and. subject to this Act shall be admlnlstet"ed In accordance WIth Its directions
and use of 68 (1) The purpose ollhe National Fund tor Protected Areas Management 1$ to Implement the provISions o f this Act by protecting enhancing and managing the national protected areas system In Zanzibar
(2) Any money not Immediately disbursed by the NatIOnal Fund lor Protected Areas Management to support actiVities for Its purpose shall be Invested In such manner as the National Protected Areas Board. after consulting WIth the Minister responsible for "nance. shall detenTline
(3) The National Protected Areas Board shall draw up standmg orders poliCies and procedures for disbursement of monies from the NatoOnal Fund lor Protected Area Management only In accordance WIth the purposes set out In ",,,..-.t,on 7'
(4) All monres receoved shall be paid InlO. banlong account and Wlthckawn only by cheques signed by au«honzed p~ns
89 P) The National ProTected Areas Board shall ensur e that proper books and Olh8i" records of account In respect of receipts and expancfltures o f the National Fund lor Protected Areas Management are kept In accordance WIth the Treasury s Inst ructIOns
(2) anded ...
Within SIx months after each financial year has NatIOnal Protected Areas Board shall submit to
the Mmlster responsible for the natoonal protected areas system a report concerning the actlVIlJes ot the National Fund lor Protected Areas Management dUring the financlsl year
(3) The NatiOnal Pro tectaa Areas tsoerd·s report under subsection (2) shall Include -
(a) en audited balance sheet (bJ an audited statement of Income and
eKpancfllure (c) such other IlnanclBJ Information as the
Minister may require
90 ( 1) The mst,tut.on responSible for the environment shall Issue guidelines and prescnbe measures tor the conservatIOn 01 bIOlogical diverSIty
Page "3
(2) The institution responsible lor the em .... onment may In ISSUing guldelmes under subsecllon (t) .
(a) SpecIfy natIOnal straH;tgies plans and programmes tor the conSGI'Vat,on and the sustaInable use 01 b,ologlCSl d lv8f"Sity
(b) Integrate consideratIon 01 conservation and sustainable utilizatIon pm'lClples regardIng bIOlogIcal d,vers,ty In e>O:Istln9 actIVitIes of persons
(e) Identify mventory ZanZibar
prepare and of biologIcal
(d) determme whIch components 01 blologlC .. ' dlverslly are endangered or threatened With e>o:tlncllon and IISI them by notice In the OffiCIal Ga:1!ene and
(e) Ident'fy potentIal threats to blok)glCBl dIVersity and dev,se measures to remove or mvesllgate their effects
(3) In consultahon w,th other concerned inStitut,ons the Institution responsible for the erwlronrnent
(a) shall prohIbit or restnct InternalJOnal and national trade ,n any component 01 bIOlogical dlvers'ty whtch IS endangered or ttvealened by internatIonal standards and
(b) may restnct InternatIOnal and nat>onai tI .. u .. '" ""I' cunlj.>Ul,enl 01 biOlogICal dlvers,ty to protect a sp«lhed national Imerest of ZanZIbar In Its bIological dlvers.ty
(a) habitat 01
No person shall trade. possess or d,sturb the a component of bIologIcal diverSIty In vIOla han 01
regulatIons. guidelines and measures preSCribed under thIS Ac<
related to o n a I
.:.:.::;:~ m e n t a I
d u m pong
PART VIII - OFFENC E S
A person who -
,a, violates any National Emllronmental Standard established und9l" thiS Act Or
(b) v iolates a measure for whiCh no other" penalty haS been prescnbed undM thiS Act.
commits an offence and shail be liable on conviction to a fine as p rescnbed In Schedule <I 01 this Act or to Impnsonment for a term 01 not less than SIX months Or both
02 A I-'~n
discharges Violat ion of
wl'lO Imports exports transpons or any hazardous waste In Zanz.bar on
section 66 commits an offence and Shall be hable on conVIction to a lone as prescribed In Schedule <I to thiS Act or to Imprisonment for a term of not less than SIX monthS or both
93 p) A person wno diSCharges or causes to be discharged Into the coastai area Or mantlme :tones undM the Junsdlct.on of Zan:t.bar
(a) any waste or other mailer from vessels aIrcraft or othel'" man·Ol8de structures a t ,as
(b) any vessel .llrcraft or other man-made Struclure at sea. or
(c) any ha:tardous subslance or hazardous wasle,
commits an oHance and shall be liable on cOnvIctIOn 10 a fine a s p rescnbed In Schedule <I 10 thiS ACI or 10 Impnsonmenl lor a term of not less lhan one year or both
(2) It shall bl a defence to a prosecutIon under subsection (1) that the d.scharge was due 10 or was rend9f'ed necessary by "force majeure- Or for lhe protecbOn of human hie
Haz ardous IUbstance otlene_
ElA OffWlCeB
Su staInable dev alopmel"ll
N Ol"lreneWBble ""Iu r al resource
""~
94 ( 1) A person who handles or dlschafQes or causes to be handled or dISCharged a hazardous substance Il"Ito ZanZIbar's 8r1VlrorvTl8r"lt 11"1 vlOlauon at gUidehnes prescnbecl under th,S Act commIts an offenea and shall bB haDiB on convlC1K)n 10 B hne as p'B5Cnbed In SChed .... e 4 to thIS Act 0..to Impnsonment for a term of not 18$$ than SIX months or bo'h
95 A person who
(al uOOertakes an act,V'ty In vIOlatIOn of secllon 38
(b) approves an aCltVlty In vIOlat,on o f 58Ct.on 38 or
(e) fa,ls to observe a compliance order uooer secllOns 63
commIts an oHenee and snail De hable on convictIOn to (II fine as prescnbed 11"1 SchedulB 4 to this Act or 10 ,mpnsonment lor a term ot not less thal"l S'X mol"lths or botn
96. A person who exports or uses a natural resoun;:e In VlOlabon at guidelInes tor 5U5talnabledevelopment prescnbed under this Act comm,ts an offence ana shall De loaDle on convlClIOn 10 a hne as prescnbed In SChedule 4 to thIS Act or to Imposonment lor B term 01 not less than one year or both
A person who
(a) tr8lj .. ,
(b) ~es. Or
(c) dIsturbS the haD,tBt 01
a component of boologlcai d,vers,ty in VIOlal101"I of gUidelines and meesoxes prescrobea undEW secuon 90 and other proVI5K)n5 In lhos Act com ...... ts. an off..nce and shall be habl€! on COf1\I1C1lon 10 a fine as prescnbed In Schedule 4 10 thos Act 0..- to ornpnsorvnenl tor a term 01 not IO)$S tr'IBn SIX months or bom
98 A per$On who excavates ren10VtIS tranSPOrts Or $8Ils nonrenewable natural resources """hoUI a perr"'t as requIred under sectlOl"I 69 comm,..,., 811 offence and snail be liable on convocllol"l lor a fil"l8 as pr9SCnbed in Schedule 4 to thoS Act
Offences regardIng environme ntal offic~
F8Jlure to observe SlOp order offence
or for", term 01 i"'Vllsonmem 01 not Jess than SIX months or both and confiscatIon of the excavated maten.aJ and the Instruments used In excavatIOn. Imnspon or use by the Government
99 A person who Intorleres WIth a duly-aPPO,nted environmental officw who IS carrying out dutIes and functIons under s ection 106 shall be hable on COnViCt'On to a fine as prescnbed In Schedule 4 10 thIS ACt or 10 .mpnSOnment for a term of not less than sox months or both
100 A person who faJls to observe a stop ordw ISSued under section 23 commIts an offence and shall be hable on conVICtion for a fine as prescnbed In Schedule 4 to th,s Act or for a term of Impnsonment not less than Sll( months or
bo." Remedi es offences
for 101 ( 1) In add.tlon to th .. 1"_lto_ for the offeneoa under thIS A ct where appropriate. the coun shall reqUIre an offender to -
(a) remove al harmful effects of the actIVIty and restore the envlfonment s capaCIty to fulhll ,ts functIOns Or
(b) pay the full cost of removIng the harm""l effects of the actIvity and reslonn9 Ihe envIronment s capacIty to prov.de Its environmental functIons and
(c) pay Ihe lull COSts of third pam es on the form 01 repanulon. restoratIOn. rest,u.st.on or compensatoon as may be deternuned from time to time by the Instotutlon responSIble for the environment
(2) In addlhon to the penaltIes for the offences •. Jtlder thIS Act. where appropriate. the court may also order confiscation of the It ern Illegally taken or the Instruments for commIttIng the o ffence
t:~~~ includes 102 Pursuanl to sectIon 55 01 the Imerpretatoon of Laws to commit and General PrOVls.ons Act 1984 and sectIon 351 of the
Penal Decree and notWIthstandIng sectIon 352 o f the Penal Decree. any Offence under thIS Act or regulatIons made thereunder shall Include the attempl to commit that Offence
eat an d 103 ( 1) The penalty lor a repeat offence undeo'" th,S Act ~ ..... ", o ffence " may LJ .. <.Iou ClecI
(2) The penalty lor a contInuIng offence shall be Increased dally a s prescribed In Schedule 4
104 (1) In accordance WIth sectoon 6 the own .... or operator o f a facility veh.cle or premIses on whIch an offence under t hiS Act lakes place shall millgate Ihe Impact o f Ih.s Offence by .
(a) givIng Immediate notice of the o ffence to the ,nstJtulJOn responsible for the envlronmenl
(b) Immechately begonnmg the best available clean-up opeo"atlons. and
ec) comply"",!) ..... 'Ih Ihe dor&ctoon& -r"eh ."...y be given by Ihe Inst,lut>on responsIble for the env,ronment
(2) If Ihe owner or operator falls to mll'gate under sub sectIon (1). Ihe InstItutIOn responsIble for the environment may -
(a) se,ze the facIlity vetucle Or preonls8$ Involved and
(b ) d,spose of these assets upon court order delivered when the owner or operator has faIled to take the necessary measures wlth,n a reasonable pened 0 1 time
(3) In convICton9 e p .... 50n of <In Offence undet" thIS A ct the court shall lake Into account the measures taken by 1h;).1 por:son to com""ly """II Ih,s duty to mltlgale and Impose a lesser sentence ,f the duty has been fulfiUed
o f 105 ( 1) Subject to Ihe condItIOns sel out In subsectIon (2) and only upon the recommendatIon 01 Ihe O"ectOr the Mlnlst eo'" may -
(8) compound an oflence by .oCCeptm9 8 sum of money not less lhan the maximum fine specifIed for Ihe Offence whoch may be paId In Installments as appropnate and
"at:" 48
Powers of env.ronmenta l
-~
(b) ord .... the roIoo.~o of any It ern ~ed In connectIOn WIth the offence on payment of a "um 01 money not more than the value :>1 tnat It ern
(2) For the purposes of subsectIon (1 J. <In offer'lCft may be compounded only " the petSOn provIdes a wntten staterrtent to the MIn.ster-
(a) admlttmg the offance: and
(b) agreeIng 10 compoundIng of that offence uncle<" thIs sectIon
(3) Any money received und8l'" thIS section shall be equIValent to and .n h8U at a hne .mposed by a covn
(4) Compoundl"'i.l tflft offence sna.H be a defence to any actIOn or tegal proceedIng brought agaInst a person tor an offence uncter- th.s ACt
(5) Sect'OnlO 100 and 101 of the Penal Decreft shall not apply 10 compoundIng 01 offences uncter th.s Act
PART IX - MISCELLANEOUS PROVtStONS
106 (1) The Dorector shaH appoont envIronmental offICers to enlorce th,S Act
(2) AU envIronmental offIcers .sppolnted to enforce legIlS"""0n related 10 llle "Yll'Onm...,t are authon:l;ed to enforce thos Act and. Wllt10ut .. warrant to
(a) ante!" any pntrnl$YS, except a place 01 re&>dence. r8llsonably related to the a<.:tIY'tv regulated by th.s ACI
(b) take any liamples required. and
,e) receIve any relevant documents requested
(3) A warranl shal Le requor6d 10f' an ttnvlronmentaJ officer 10 enle<" a place of resodencE' relating 10 the eXIsting activIty
Enforc institutions.
n g
(4) The Minister may make regulations for the establishment of honourary environmental officers, including the percentage of income c ollected from fines to be applied to covering the expenses incurred by the honourary environmental officers and to the institutional development of the nongovernm ental persons that participate.
107. be-
( 1) The enforcing institutions under this Act shall
(a) regarding air and noise - the Ministry responsible for health .
(b) regarding quality control of water supplied for drinking and domestic purposes . inland waters and effluents -the Ministry responsible for water resources;
(c) regarding solid wastes nonrenewable natural resources Mini st r y responsible for government.
and - the local
(d) regarding pesticide residues the Ministry responsible for agriculture and livestock .
(e) regarding conservation and sustainable deve lopment of fish and marine resources and waters in the coastal areas - the Ministry responsib le for fish resources .
(f) regarding conservation and sustainable development of forests and wildlife resources - the Ministry responsible for forest resources.
(g) all other environmental matters and media - tne institution responsible for the environment.
(2) The Minister may designate additional enforcing institutions for additional envi.-onmental matters by notice in the Official Gazette.
(3) Within the above designated sphere of responsibility , enforcing institutions shall
(b) verify compliance With thiS Act through regul8r reponing monltonng sampling lesllng and analyses and
(e) provide SUCh asSistance as may be reQUired to review an EIS or to assist In an """v",onmant"! emergency
(4) Each enforCing ,nSt,tutlon shaJ" nave aU the powers cantened under sections 23 and 24 to Issue s top orders and default nouces, revoke p8l"mlls and confiscate environmental perlorrnance bonds
(5) Each eniorcono ,n<:chlutoon "h",U hovo oJl the POwer$ confe..-red on an envlronmenlal Otl,CEII'" under sectoon '10 and may delegate In wnton9 Its powers to any qualified person whether or nOf employed by the InS\,lutIOn
(6) Each enforCing institution Shall ;ooperale With other enforc;on9 InS1111..III0n$.
(7) Each enforcing m$\IIUIIOn Shall keep records Of all comphance monltor"'Q nlonnaLon and e"Vlronmental data receoved from monltorong and shall proVide the Insmullon responSible lor the envIronment Wlttl COPIes upon raquest
108 (1) An enVlronmenlal perlo,mance bond may be required for any act'VIlV .... h ;r \hraalens the enVironment
(2) An environmental perlnrmance deposited In the Fund as secunty lot good practICe until Itt> rofUnd to the dtn)uSl\or
nOnd shall be env",onmental
(3) The enVironmental perlonnance bond "hall be retumed to the operstur JI the a{;(ovlty upon the satosfact,on 0 1 the COndlIOons set oy tt">e Instltul>On responsible for the environment
(4) The Instltut, 1 .espons<ble 10' the 9flvtrOnment shall give the opertuo. eo" oppor1Unlty to be heard belore confiscatin g the environmental perlormance bond
l egal p roceedin gs
A ppeals 01 d ecisIOn s m ade by Ih e Ins t i t u t ion responSible lor 1M environment
Im m uni ty p rosecutIOn
fr om
S P e c I a envi r onmental mediators
(5) An envlronrn .. "."" I"'Arlnrrn .. ......,.~ bond shall b .. confiscated In whole or In part when the institutIOn responsible lor the ..nv.ro;;.nrnent f",<:Is Ihat an "petators practiCes v,olate the prov,s,ons 01 this Act .nclud,ng tne cond.t>Ons 01 any certifICate, licence or penT,.t ISSUed underthe Act
109 (1) Any person wnether or not assisted by an advocate or wakll. shall have the "ghl to pelltlon tile a p propnate enforcing ,nstnut,on or any court o~ law sublect to that court's rules to eroforce any pt'OvlSton ot Ihls Act
(2) Any person ....no ,nst,tutas H proceeding under thiS sec:llon and who preva.~ ,n court shall have the nght to recover the costs 01 the legal proceeding tram the other pa""
(3) At the requa.t 01 the prevaihng party the court act.ng upon .. proc.,...j,. 'y ",,,,\,tutto<J u,J(Je\" tnos sectIOn snail Include ,1"1 the Judgment any costs of tne prevaohng Pliny
(4) For the aVOI(l~nce 01 doubt '-person" spec:,locally Includes any Indivldua; or group 01 IndividualS wnelner lormally regiSlered lor en""onmentaJ DUrpOSf*. Or nol and any commun'ty wolch haS prepared a community envlrurvnenml management plan undet" secl,on 35
1 10 (1) Any p8fSOn ... 1, of the Minister shall no",,,, CommIttee
IS "101 ~ul,~·f,ed w,tr' a deciSIOn Ine nght 10 appeal to the
(2) The Comm.tteE' wh.crl reviews under subsectIOn (1) may VlOry O. q"",sh "ny Mlrns!".. and Its deciSion ShaH be fina l
the dec'SIon I'ndlng 0 1 the
1 1 1 No SUfi or prosecutIOn shall be VEIf'mme<l of an officer o f the Institution respons,ble for the en",ronmenl or an offlcat' empowat'ed under th'$ AC:T lor anvthlnq Ihat .s done or ontended to be done In good la.lh In pursuance of tn.s Act
1 12 (1) The Inst,tut,On respons.ble for the erwlronment may appo.nt spec.al env",onmental med,ators, subrect to the directIon and power<; 01 th, 0 recto, when any oerson has requested aSSlSlance on
(b) remedYing a potent,al env,ronmental proDl8I'T1, or
(c) prepanng co. commu",ty anvlronlTOentaJ lTOanagement plan under sect,On 39
(2) A spec.al environmental med.ator apPOinted und8\" subsection (11 Sllall
(aJ
(b)
be trained In altEH"natlve resolUllon techniques
dispute
have expenence mtillers. dncl
on environmental
(cl be accepted by the persons IOvolved In the matler be.lng mediated
1 1:3 (1) The InStltUllon ra:;.penslbla lor Ihp ..., ..... nnlTl~1 may appoint special environmental prosecutors subject to the direction and powers of the Attomsy·Ueneral who Shall have e xclusive power 10 try an.,.. cnmlnal offence under this A~
(2) The ,nstltut,!)n responSIble lor the en ... lronment may In wntong and WI,M the Atlomey General S consent delegate the power to ;o.PPOlnt "peclal en ... lronmental prosecutors
(3) Any pt-rson appointed as a soacial environmental p rosecutor under tnls section shall ha ... e -
(al a verJflable knowledge 01 law and
Cb) experJence on envIronmental manet'S
". ( , ) A spacial environmental .. ssessor shall be appointed to 00&&;." Iho court .n -.",ron.."enl .. J """"oR> .... 1_1 deemed necessary by the responSIble magIstrate or Judge
(2) A specIal enVironmental assessor shall
(a) hold a cet1Jhcate In law
(b) have prachced Jaw lor at lea",t three years, and
(0) exper.ence on environmental manarn
I'''~'' 53
DesIgnation o f State Attorney responslbla for eI1vlronmental maners in Zanziba r
FUncbOrl$ 01 State Anorney responsible for eI1vlfonmental man ers in Zanzibar
Power o f S tate Anorney responsible lor en voronmental maners In Zanzibar
1 15 (1) The Anorney General shall CleslQnate a State Attomey responsible tor environmental matters In Zanzibar
(2) By virtue 01 deSignation under subsection ( 1). the S tate Attorney responsible for environmental matta<"s In Zanzibar shall also be a special envlronmel1u:.1 prosecutor under section 113 under this Act
116 The funcuons 01 tna State Attorney responsible for environmental mattEll'"S In Zanzibar are to
(8) repr_ ..... t tha public weltare as a party In all IaWS-UltS concerning a violatIOn unda<" the Act
(b) file a CIVil action for the reparatIOn 01 damages and
(c) ensure lui comphance with the adnllnlstnHlve procedures and obhgatlons Imposed on the publIC admlnlr.tratlon organs and offiCials by thiS Act and by any other Acts or subSidiary 'egislation related to the environment
(d) help In the preparatoon of regulat ions and by·laws under thiS Bct
(e) Perform :;lny duty as dlfected by the InSlllulI)n responsible lor environment
1 17 (1) In fuJlllhng ttl. lunctlons undw sectIOn 1 t6. the State Attorney responSlblt· lor enVIronmental matters on ZanZibar shall have the J.>Ower to notice. to the Anorney General. a delault by a GovEII'nmen! mstJlullon on payment 0 1 a lone Imposed by a court under thiS Act
(2) Upon notl :e of delault under subSO:lCt.on ,1). the Attorney Genel'"al shall dorect the Mmister respansible tor 'inance 10 WIthhold the amount 01 the court-ordered Ime from the budget of the GovarnmEtflI InslltutlOn
(3) The arnouOl wlde. SUOSectlO1l (1) may be increased deuly as pr9" ,nl1ed by notice In tile OffiCial Gazene
(4) Any amount withheld under thiS section shall be paJd into the National ,r.vl/"onmttntal ·unCI lor Sustainable Development
'0 make regu l at ions I n g..,..,
11 e W ithout p rejudiCe to the generality of the powers conferred uncieo' this Act the M'I'lISler may make regulations 10 manage the enVIronment lor sustamable development and In partIcular 10 •
(a) regulate the environmental requirements
procedure ,mpact
fer fUlfilling assessment
(b) Specify the terms and conditions for use 01 env.ronrnerHaJ performance bOnds
(e) prescnbe strategies tor conS@fV8110n o f ecoSySt9f115 and biolOgical diversity o f ZanzIbar
(e) prescnbe the contents of community en'''mnmenta' mana9l>rnent pUlns
(II _lout th", proceaures Icr approving and .mple<nent,ng community environmental management plans prepared uncia.section 3S
(g) regUlate peliUllcn especlaJly of the manne erworonment Irom land-based sources
(h ) pr8SCr<be forms and procedures for regUlation OT hazardous substances and ~ardous waste under sectIOns 66 and Be
(i) pr6$Cr'ba 101m". procedures and permIt s for ·'Tlplementatlon of Nallonal Enll,ronmdrotai Standaros unde<" 58CtlOns 63 ana ti4
1·.'I0!~ 55
Power to amend Schedules
Penaliles under subSIdIary legl$latoon
PublocatJ()n
Repeals
U) estaous" nonorary .. " .. "u."" .... , .. 1 offocer'S .no 'per.-''Y percentage 01 .ncoma collected from I.nes to be applied 10 co .. enng the expenses Incurred by the nonoUrfuy env<ronmenlal offIcers
(k) issue, amend and revoke :en,/ocales or licences perTTl,ned und8f" thIS Act
( I) take tees and levy cnarges 10 Implemenl th,s Act. <'1M
(m) regulate ali other matters related 10 the purposes and Implemenlahon of lhe provIsions 01 lhlS Act
119 The Minister may amend or repeal any Schedule to thIS Acl excapl Schedule 3 under secuon 88 and Schedule 5 under se<:llon 122 to 1I11S Act oy notIce In the OffICIal Gazette
120, Notwithstanding secHon 42(e) of the InterpretatIon 01 Laws and Genaral Pro",sJ()ns Act 1984 any offence established under subsld.ary legISlatIOn made under thiS Act shalt ba punIshable by II lerm of ,mpnsonmont 01 not more than and to a hne as pre$ ,robed ~1 • :hec1ule 4 to thIS Act or bo.h
121 Until tImely publicatIon 01 the OffICIal Gazette resumes on Zanzibar
(a) no subsldl8ry eq,slatl:3n reqUIred under thiS Act to be publiShed ,n the 0tf,CoaJ Gazelt~ stwoIl be ""'&1(1 ..oleoy because It has nol been so puollShed and
(h) Any"" ,h,.."l, ... ry th,s AU !O be Gazett" _nail
flQ'~Hllnn 'f'Itl,,,rf'K1 I,ndAr published In the Offic.al
0" d,ssemlnated as practlclli notIce 10
and approproate to persons In ZanOl:lbnr
pro .. lde
122 The Removal 01 Natura, r O<..I .. :to H",es, 1964 LN 21 01 1964. are repealed
Conseq uentlal 123 (I) The following laws are amended as set out In amendments Schedule 5 •
Ovemdlng power
(a) The District and Town COuncils Act, 1995, Act No.4 of 1995; and
(b) The Zanzibar Municipal COuncil Act 1995, Act No 3 of 1995
(2) The COmmi$$O()n for Lands and EnVIronment Act. 1989 Act NO.6 shall be amended accordongly pursuant to the provisIOns 01 thiS act
124 (I) ThiS Act shall override the provisions of any other Act to the extent whIc h they contradIct the provisions of lhis Act
Page: 57
SCHEDULE 1
ActIVltl05 which do not U/9We an EIA cerlJr!CBle
An\! domesllC. pOl,ole and non-comrnere,a1 actIVity
2 Opemung a small-scale shop
3 Operatmg a small-seale bUSiness emploYing f_ than 10 people
4 Operating tours other than dIVes and travel agencies
5 EngagIng In .... onfed ogncullure over- an area of less than 10 hectares
6 Operaung a small-seale warehouse for storage of non-hazardous aubatanc:_
7 F>roVoding commetClal cleanng and forwarding sel'Vlces
8 F>roVldlng office and professional servICeS
10 Maintaining roads if the wori< does nol onvolve upgrading or expanSIOn of
""'"
Page $8
SCHEDULE 2
Actmtles wt»ch reqYlre an EIS
2 ep..allng • manufactunng IndUStry WIth ha.zardous wasta and by~products
3 Operallng a powet" genemtlOn plant
4 Ope..allng an Oil refinery
5 Opara.tlng a sewage treatment and disposal system
e Operating a water supply system
7 Operating a solid waste disposal syst8l'Tl
8 Developing an area In a pon harbour or manna
9 Reclaiming !and
'0 Developing hotels or resons of '00 beds or more
, 1 Engaging on Imgated agnculture 01 20 hectaras or l'TIOf"e
12 Engaging on aquaculture
13 Developing erMronmentally sensltlve areas Inc:luchng loreslS_ mangroves small ISlets and water catChments
1. o.gazatt",g en exlSllng ~ PfOI~ecI und ... the laws of Zaf'IZlbar
Page 59
SCHEDULE 3
Rules of procedure for National Protected Areas Board
The National Protected Areas Board shall complise eleven permanent and rotallng members
2 The permanent members of the National Protected Areas Board shaH be _
(a) the PnncipaJ Secretary responSible for for_t resources;
(b) the Principal Secretary responsible for fish and maline reSOurces;
(c) the Pnnclpal Secretary responsible for environment
(d) the PnnclpaJ Secretary responsible for tOurism
( .. ) th .. Pnnclpal Secretary r_pons:ibl. for #inanc.
:3 (t) The Minister responsible lor natural resources and the Mlnlst8l" responSible for the environment shall each appo,nt three additional pe.-sons With sound background and expenence In -
(a) community development
(b) resource management, or
(c) envIronmental affairs
as the SIX rotatmg members of the National Protected Areas Board
(2) At I~t two rotatmg members shall be women
(3) Rotating members shall serve three-year terms
4 The National Protect ..... A,....,. BUdIU ~ .... t I"",k .. UOOCI",U"'" uy .. lrTlpl .. malOnty 01 those present In a minimum quorum of nine except as provided In rules 5 and 6
5 A decIsion by the National Protected Areas Board to recommend the removal of national protected area status for an area shall be made only by unanimous consent of all permanent and rotating members of the Netlonal Protected Areas Boord
'>age 60
6 Ii. decision by t .... National Protucted Ar_", Board to _
(a) recommend the alienabcm of land Wlthm e nat,onal protacted area or
(b) des,gnate under section 89 a management authority other than a lead ,nSUtUUOn which_ under existIng laws 01 Zanzlbar is managing pan or all 01 an area declared to be a nat>Onal protected araa.:
shall be made only by a supramajonty of three-fourths of all the permanent and rotating members of the National Protected Areas Board
7 (1) The Minister responsible lor the natIOnal protected areas system shall designate one of the permanent members to chair the National Protected Areas Board lor a three-yeer term
(2) No permanent member shall serve consecutIve terms chaonng the NaUonal Protectecl Areas Board
e ( ' ) The National Protected Areas Board shall regulate all other proceedings through stanchng orders
(2) Such standmg orders may perrrnt permanent membet's to dBSlgnate representatives at meetings
Page 61
SCHEDULE 4
fees and fines
NatIOnal EnVironmental Standards section 63 shall be 500,0000 0 Tanzanian Shillings
'" Manna dumping SecbOn 93 shall ba 2.500000 00 Unlsted States Dollars
IV Hazardous Substances Section 94 shall be '.500.00000 Tanzanian Shillmgs
Sustamable Developmanl Saction 96 shall be 1,500.00000Tanzanlan Shillings,
VI BiologICal dlv8f'$'tv Sect.on 97 shall be 1,500,00000 Tanzanian Shillings.
VII Non-renewable natursl resources Section 96 shell be 2.000,000 00 Tanzanian Shillings
VIII Inspectors and authonsed officers Section 99 shall be 250.000 00 Tanzarnan Shillings
Page 62
SCHEDULE 5
Cooseauent!a! Aroenclmeot$
1 The ZanzIbar MunICIpal Council Act. 1995. Act No 3 011995. IS amended as follows "
(a) In section 37(1) by addIng new subsectIon (x) "prepanng or Implementing communIty environmental management plans under the Environmental Management for Susl8Jnable Development Act, 1995" and renumbenng SUbsec:llans (xl and (10) accordIngly
2 The D,smet and Town CouncIls Act, 1995. Act No 4 of 1995. I. amended as fol lows -
(a) In section 5(2) by addIng b~ the words "schemes- and "and' the phrase ". IncludIng community etlVIronmeotal management plans prepared under the Environmental Management fo.r SUStainable Development Act. 1995,·
(b) In sectIOn 31(2)(m) by deletIng the word "wood- and by deleting the phrase -natural resources" and substJlutJng !he phrase "nonrenewable natural re&Ourc_"
(e) in section 31 (2) by adding new subsecbOn (n) "managIng the env,rorvnent in the local government aree accordll""lg to • communoty envlrorvnentai management pLan prepared lXlder the ErlVIrorvnental Management for Sustlllnable Development Acl 1995" and relettenng subsectJons (n). (0) and (pI accordIngly
P....a In tne HOuSe of Repr~tatfves on tne 2nd day of Apnl ,_
