Tanzanian laws relating to the environment can be grouped into two main categories: land use planning and management laws, pollution-related legislation, and laws promoting conservation and environmental protection.
Tanzania’s environmental legal framework acknowledges the interrelationship between the environment and other vital sectors, notably public health (for both animals and humans), agriculture, climate resilience, livelihoods, and the economy at large.
Tanzania’s environmental laws set legal guidelines for policy and institutional frameworks that lay the foundation for a sustainable environmental governance system. They establish clear procedures and responsibilities for various actors in environment management such as the government, public institutions, non-governmental organisations, and citizens. The key legal frameworks include:
1. Environmental Management Act 2004 (EMA)
This Act is the cornerstone of environmental governance in Tanzania. It outlines general principles, institutional arrangements, standards, and procedures for environmental protection, pollution control, conservation, waste management, and environmental impact assessments.
EMA establishes mechanisms for public participation, access to environmental information, and environmental education. It also created two key environmental management institutions:
2. National Environment Management Council (NEMC)
The NEMC is the primary body responsible for implementing the EMA.
It is tasked with developing and implementing environmental policies and laws, coordinating national environmental assessments, monitoring pollution levels, and ensuring compliance with environmental regulations.
3. Other relevant legislation
- Sector laws: Covers forest management, wildlife, fisheries, mining, agriculture, and land.
- International agreements: Tanzania is a signatory to several international environmental treaties.
- Local government laws: These support environmental governance at the community level.
Environmental and governance institutions
Environmental governance follows the principle of decentralisation. Local authorities have responsibility for environmental management at the grassroots level and have representation on an Environmental Appeals Tribunal.
Public participation
EMA acknowledges the significance of public involvement in environmental decision-making and provides for public access to information and legal redress mechanisms.
Challenges and opportunities
Enforcement: Despite the comprehensive legal framework, enforcement remains a key challenge.
Awareness: Enhancing public awareness can improve compliance.
Coordination: Effective coordination is required between national, sectoral institutions, local authorities, and the private sector.
Conclusion
Tanzania’s environmental legal framework provides a sound foundation for managing and protecting the country’s natural resources. Strengthening enforcement mechanisms and public awareness will enhance the effectiveness of these laws and contribute to a cleaner and more sustainable environment.