2.2 Air Quality Standards/Guidelines

2.2.1 The Penal Code (Cap. 16)

Section 185 of the Penal Code stipulates that:

"Any person who voluntarily corrupts or fouls the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way is guilty of a misdemeanour"; and shall be punishable with imprisonment for a term not exceeding 2 years or with a fine or both.

Section 186 adds that any person who for purposes of trade or otherwise makes offensive unwholesome smells in such places and circumstances as to annoy any consideration number of persons in the exercise of their common rights, commits an offence. The punishment for this offence is the same as for a common nuisance nder the Penal Code whose punishment does not exceed one year imprisonment.

Limitation

It is not easy to convict under the above sections since no standards have been set to determine what is noxious and what is not. Moreover the prohibition under the law is not strict since it is only punishable when the pollution is voluntary.

2.2.2 Local Government (District and Urban Authorities) Acts, No. 7 and 8 of 1982

Local governments, under both Acts are enjoined amongst their functions to take all such measures necessary, desirable, conducive or expedient "for furtherance and enhancement of the health, education, and the social, cultural and recreational life of the people"1 and "to provide for the prevention and abatement of nuisances which may be injurious to public health".

Limitation

None of the Local Governments has addressed questions of air pollution. In fact one of the urban authorities had to be taken to court for air pollution in a civil suit filed by residents.

No emission standards have been set by any of the Local Governments, powers granted by the law not withstanding.

2.2.3 The Merchant Shipping Act, 1967

The Merchant Shipping Act prohibits any ship within the limits of a port to emit dark smoke, soot, ash gut, or gritty particles, for a period in excess of five minutes in any one hour. The Act defines dark smoke as smoke which, if compared in the appropriate manner with a chart known as "Ringalmann Chart' would appear to be as dark as or darker than shade 2 of the chart.

Limitation

The above standard as set out under Section 3 1 0 of the Act, is of very limited efficacy as most of the air pollution in Tanzania does not arise from the sea. Indeed there is no record of any prosecution under the Act, leave alone the fact that punishment for offences under the section is iinconsequential.

2.2.4 The Tanzania Bureau of Standards Act No. 3 of 1975

The Tanzania Bureau of Standards (TBS) is basically concerned with setting standards for industrial products.
There is, however, a suggestion that TBS can influence or minimise pollution by only issuing standard marks to those manufacturers who use appropriate production processes.

Limitations

TBS and the legislation generally are not meant to establish and monitor environmental standards.

2.2.5 Protection from Radiation Act No. 5 of 1983

The main objective of the Act is to protect the environment and human beings from harm resulting from ionising radiation. To achieve this objective, the Act establishes under Section 5(l), a Commission to control the use of
radioactive and radiation devices. The Commission's functions include:
- advising/informing the Government on the proper use of ionising radiation and how to protect the public;
- controlling the importation, movement, storage, and use of radioactive devices, installations and other radioactive materials;
- licencing importation and use of radioactive devices and materials; and,
- keeping a register of importers and users of nuclear and other radioactive plants and materials (Section 7(l).

Exceptions to the above are provided through exempting licensing and registration of importers and users whose radioactivity does not exceed a set threshold. In this case the standard set is 'A micro curie.

Limitation

Atmospheric pollution through radiation is probably not yet a major problem in Tanzania though, there have been two criminal cases under the legislation in the last two years; however, there is no recorded conviction. Furthermore, there is no sufficient human and technological resources to monitor radioactivity in the country in the event that anybody is convicted of contravening the Act, the punishments prescribed in the Act are very low since the highest sentence is still T. shs 100,000 or five years imprisonment in default.