1.1 Policy and Legislation:

Objectives and Reasons.

Hitherto, Tanzania has no standards directly controlling emissions to the environment. So far, standards have been developed on water quality, worker safety and consumer goods. Some of these standards are temporary. The
National Environmental Management Council (NEMC), however, has been working on the development of water and air standards in collaboration with other agencies.

1.1.1 Draft National Environmental Policy

The draft National Environmental Policy (NEP) is a reflection of the country's commitment to environmental regulation. The NEP outlines the major environmental protection goals which includes the setting of environmental standards and indicators. It does also seek to reduce and control impacts of industrial emissions through location planning, control of emissions and the
use of clean or environmentally sound technology. The policy also seeks to establish permissible noise levels in cases of noise-prone industries and to control air pollution from industries.

Paragraph 114 of the NEP provides that environmental indicators shall be defined, for example, on land-use conversion ratio (rural/urban, wetland/agriculture, forest/ agriculture, among others), in order to gauge possible stress/resiliency on ecosystems. The policy asserts that
standards and indicators are necessary management tools for providing early-warning relating to potential environmental problems and assimilative capacities of environmental media and quality habitat.

(a) Environmental Impact Assessment

The main objectives of EIA are to:

 inform or enlighten decision-makers, so that decisions are made as to whether the proposed projects are
permitted, based on proper consideration of the environmental implications of such proposed projects; and,

 ensure that environmental considerations do not become an after-thought in project planning and decision-making , but rather, form an integral part of the process, and provide a vehicle for public awareness and debate on the development proposal.

(b) Economic Instruments

Tanzania, like other East African countries, is moving into a fully-fledged market economy. The role of the private sector in the economy has also been immensely augmented on one hand and, whereas on the other hand the
government retains the regulatory role.

Undoubtedly, this will endeavour to balance use of regulations and appropriate economic instruments for environmental conservation which has effective elsewhere. Advantages of using market-based approaches for environmental conservation include their:

 potential for attaining a specified level of environmental protection at a minimum cost; and,

 ability to directly involve key players in the market circle namely, the producer and the consumers, by making the two categories of players pay directly for environmental protection measures in respect of production and consumption of goods and services.

A number of economic instruments may be suggested, but the conventional ones include:

 agreements between the regulatory authority and industry committing the latter to abide with regulations and clean up effluents they have discharged at their own cost.

 use of licences and permits and financial incentives to develop and use cleaner technologies.

 introduction of green-taxes which aim at gauging the use of natural resources, and reflects the value of the environment.

(c) Environmental Standards and Indicators

Establishment of environmental standards and indicators is taken by NEP to be one of the key policy instruments reflecting the degree of acceptable stress on the environment.

The draft NEP outlines its objective in the water sector to be that of making sure that, the overall national goal of providing safe and clean water and to satisfy other water needs, will be fulfilled. Undoubtedly, that calls for the
development of lucid and enforceable water quality standards.
With regard to other environmental management considerations, the draft NEP stresses that standards and indicators should be developed, in order to achieve different objectives which include:

 enhancing access to statistical, scientific and technical information by non-user groups;
 developing discipline indicators outlining pre-set measurements and thresholds pertaining to an environmental issue; and,
 formulating aggregated and policy-oriented indicators based on various disciplines to enhance sound decision-making.

(d) Environmental Legislation

The legal instruments on the environment are taken as important policy components for the entire environmental management framework. This is so because laws set priorities, limits, impose a binding effect and duties, and therefore, are capable of governing the entire pattern of environmental management.

NEP acts as a precursor to the evolution of framework environmental legislation, which will take into consideration the structure and division of government functions and multiple stake-holders involved in the various sectors affecting the environment. The NEP, however, stresses that for environmental legislation to be effective, environmental standards and procedures have to be in place.

(e) International Co-operation

Management of the environment is not limited by geographical borders. Indeed, even the current UNEP/ UNDP East African Sub-Regional Project on Environmental Law and Institutions, is an outcome of the recognition that there is need to join efforts in conserving the environment at the regional level. The draft NEP recognises the need for international co-operation in taking into consideration ecological relationships between nations.

(f) Precautionary and Preventive Measures

The Earth Summit in Rio de Janeiro, in 1992, urged states to abide by the precautionary principle, on the basis that knowledge and scientific information on the effect of environmental impacts may at times be incomplete or unavailable. Precautionary principle, is therefore taken as a policy instrument to enable decision- makers to take steps, in certain cases, in order to protect and enhance environmental integrity, notwithstanding the dearth of information or knowledge of the effects involved.

1.1.2 Setting Of Environmental
Standards Under the Existing Legal Framework

Section 4 of the National Environmental Management Act (1975), provide that one of the mandatory duties of the NEMC is to specify standards, norms and criteria for the protection of beneficial use and the maintenance of the quality of the environment.

In addition, the law gives mandate to NEMC:

" ... to evaluate existing and proposed policies and the activities of the Government directed to control of pollution and the enhancement of the
environment, and to accomplishment of other objectives which effect the quality of the environment, on the basis of that formulate policies and programmes which will achieve more effective management and enhancement quality.

This particular mandate given to NEMC is wide. NEMC will undoubtedly need to prioritise its standard setting responsibilities. It is advisable, however, for NEMC to focus first on sources of pollution posing the greatest threat to
human health and environment. Standards on air, water and soil are some of those that will need to be prioritised because, the quality of these environmental media has far reaching implications on the health, well-being and survival of the people of Tanzania.

Although NEMC has been directed by its establishing Act to specify criteria, norms and procedures for measuring air, water and soil quality, among others, these will only be effective if their formulation is a result of joint efforts by
various stakeholders. The law should also specify who should have the mandate to enforce those standards.

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