2.0 REVIEW OF STATUTORY STANDARDS AND GUIDELINES ON ENVIRONMENT

In addition to statutes, the principles of common law as received in Tanzania, also address the questions of environment through the torts of nuisance, negligence and the rule in Rylands v. Fletcher. Tortious litigation relating to matters of environment in Tanzania, however, is hard to come by since recorded litigation which is relevant to environment was based on aspects of administrative law.

Outside Tanzania, and within the Commonwealth, environmental litigation based on common law principles of tort abound, would constitute persuasive authorities to Tanzania courts on similar matters. Australia, India, Pakistan and Malawi are some of the countries where the common law litigation on torts have taken place.

The remedies available under the law of tort, however, are in the realm of private law, and it is up to affected citizens to sue under the law of torts; and this depends on the awareness of the concerned individual's rights and the will and ability to pursue such rights through courts.

The practice among environmentalists is to divide environmental standards into:

(a) Ambient Standards
Ambient Standards are standards set for purposes of addressing the effects of discharges into the environment; they set the maximum pollutant concentration permitted in the environment.

An example of ambient standards is that found in the Water Utilization and Control Act of 1974, where the quality of water-receiving bodies is set.

(b) Receptor Standards
Receptor Standards are aimed at dischargers (polluters) whose activities harm the environment. Examples of legislation addressing such standards are: Section 184 of the Penal Code which makes fouling of water a misdemeanour; and, Section 185 of the same Penal Code which similarly makes fouling of air a misdemeanour.

(c) Emissions Standards
Emission standards set permissible emissions which are less harmful to man and his environment. An example of emission standards are those set by the Water Utilization and Control Act, which sets standards in respect of effluent discharge into receiving waters.

(d) Specification Standards
Specification standards are those that regulate industrial activities with a view to avoid or minimise environmental pollution arising therefrom. These standards prescribe materials which may be used in construction or
manufacturing activities/industry.