EXECUTIVE SUMMARYINTRODUCTION
The Study on the development and harmonization of environmental standards involved review of policy and legislation on the environment and on the basis of a number of recommendations which have been given for effective implementation of the standards.
In this regard, this Report comprises the following:
Identification of priority areas relevant to formulation of environmental standards and guidelines and explained why.
Review of all existing environmental standards and guidelines relating to the sectors identified.
On the basis of existing relevant scientific knowledge and local consultation on standards, developed environmental standards to fill the gap where no regulations exist and formulated proposals for amendments.
Recommendations for amendments necessary capacity-building requirements.The Report further reveals that in Tanzania there are over fifty pieces of legislation on environmental issues in the statute books. In addition, to those legislation, there are also principles of common law which could be applied by the Courts to address questions of environmental protection. These include the tort of nuisance, and the Rule in Rylands Vs. Fletcher. Needless to say, there has been very little litigation based on those principles in Tanzania.
As regards legislation, the finding in the report reveal that most pieces of legislation consist of generalized categories which are not easily enforceable in courts of law, since they do not stipulate environmental standards which can be used in court litigation or other forms of enforcement. It is only the Water Utilization (Control and Regulations) Act, No. 42 of 1974 as amended by Act No. 10 of 1981, which sets standards for water (temporary).
One would be right to assert that there are no standards for air quality (with the exception of the what is stated in Section 310 of the Merchant Shipping Act, 1967); and there are no standards that exist for soil quality. In addition, the report states that even in the few instances where there is clarity as regards environmental standards/ guidelines, the punitive provisions are not deterrent enough.
RECOMMENDATIONS
The issues addressed in this report have the following recommendations.
Enact Framework legislation on the environment Through the framework legislation the National Environment Management Council (NEMC) should be given powers by law, to promulgate standards and enforcement which could be carried out by sector ministries under the supervision of NEMC. In this respect, adequate legal provisions on standards should be in place in the forthcoming framework environmental law.
The framework legislation should make EIA mandatory for every project likely to contravene environmental standards. Standards should represent minimum requirements, but should not preclude the application of additional requirements after EIA has been carried out, to reflect the sensitivity of certain elements or receptacles in the environments.
The framework law should have a provision on imposition of performance bonds which may be forfeited if the set environmental standards are violated.
The framework law should empower NEMC and the courts to issue environmental restoration orders in case the environment is degraded as a result of contravention of environmental standards.
There has been very limited emphasis on environmental protection by way of court litigation.
Stream-line the judicial process by making public interest litigation less cumbersome. This will fill the gap left by environmental institutions and avoid conflict of interest where the polluter is the Governmental or its agency. It is also recommended that the judiciary should consider holding special sessions on environmental matters.
Environmental Institutions be given powers to prosecute violators.
Awareness raising at different levels on environmental standards and effects of environmental pollution. At least environmental issues should not be considered confidential or classified information. Enforcement mechanisms on environmental aspects should be decentralized and will devolve on local levels.
The residents of the three East African states be given the right of access to each state's judicial and administrative systems to seek remedies for environmental damage caused by trans-boundary activities which relate to violation of the agreed standards. This issue be handled or addressed in a protocol or memorandum of understanding among the three countries.
In the few instances where there is clarity on environmental standards/guidelines the punitive provisions against violators are not deterrent enough.
Stiffen criminal and civil penalties for pollution and make them adjustable to inflation trends. The framework law should empower NEMC and the courts to issue environmental restoration orders in case the environment is degraded as a result of contravention of environmental standards.
Require owners of facilities which are likely to cause pollution to keep environmental records. Environmental inspectors need to go through such environmental records in order to assess compliance with set standards.
Institutionalise both periodic- and spot - inspection and make effective use of the existing inspectors; and initially start with the major polluters due to lack of resources.
Lack of environmental standards and failure to up-date them in line with scientific and technological advancements.
There is need to recruit qualified technical staff to work on the eligibility of an applicant to obtain pollution licences, and to monitor adherence to set conditions/standards. In this regard, the government ought to respect professional advice given thereof.
Make provision for regular review and up-dating of standards and the introduction of new standards. Establish a joint committee on standards for the East African Sub-region, as a sub-committee under the framework of the East African Cooperation. Re-think the re-establishment of the East African Bureau of Standards.