Tanzania

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EIA profile

Updated to: 09 October 2013

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EIA background

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Country contact on EIA

Contact details for the country contact on EIA.

NEMC – National Environment Management Council
Regent Estate Plot No. 29/30
Dar Es Salaam
PO Box 63154
Email: dg@nemc.or.tz
General Line: +255 22 2774852/4889
Fax: +255 22 2774901
Website: http://www.nemc.or.tz/

Contact person
Ignace Mchallo -Director, Environmental Impact Assessment (DEIA)
Tel: +255 51 13 4603
Fax: +255 51 13 4603
Email: ignacioamani@yahoo.com
 

History of EIA

Brief description of the history of the EIA system in the country, including when it was introduced and any major milestones in its development.

The National Environmental Management Act (No. 19 of 1983) provided for the establishment of the National Environmental Management Council (NEMC), the main EIA authority to date. In 1994 NEMC developed the National Conservation Strategy for Sustainable Development. Simultaneously, the Ministry of Tourism and Natural Resources took the first step towards incorporating environmental concerns into national planning and development with the publication of the National Environmental Action Plan in 1994. The National Conservation Strategy for Sustainable Development and the National Environmental Action Plan and specific sectoral policies such as those on land, mining, energy, water, agriculture, population and fisheries recognise EIA as a means of ensuring that natural resources are soundly managed. Draft EIA guidelines were first presented in 1996 and later on revised and up-dated in March 2002. At that moment, the country was still lacking a coherent legal basis for effective environmental management though. In 2004, the parliament of Tanzania then passed the Environmental Management Act (EMA) which repealed the Act of 1983. Under the EMA, the Environmental Impact Assessment and Audit Regulations of 2005 were passed. EMA promulgates both EIA and SEA.

Year of introduction of EIA legislation

NB: this field is only meant for the world map. It is a hidden cell that is not published on the website. If available, mention the year when detailed national EIA regulations were issued. If such regulations do not exist and if EIA practice is base

2004

Legal framework for EIA

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Year of introduction of enabling law

Year when the enabling law for EIA was issued

Environmental Management Act (EMA) No. 20 of 2004 provides the legal basis for EIA and SEA. It is commonly referred to as EMA Cap 191. The enactment of this act repealed National Environmental Management Council Act No. 19 of 1983.

2004

Approving authority of enabling law

Authority that approved the enabling law for EIA.

Parliament

Year of introduction of first national detailed regulation for EIA

Year when when the first national detailed regulation (procedural requirements) through which EIA was operationalized.

National Environmental Impact and Auditing Regulations (2005): These regulations set out procedure for conducting EIA and Environmnetal audit in the country.

2005

Approving authority of first national detailed regulation for EIA

The authority that approved the first national detailed regulation (procedural requirements) through which EIA was operationalized.

The regulations were approved by the Minister of State , Vice President's Office.

Recent updates and additions to the EIA legislation

Revisions of the EIA provisions in the enabling law or the national detailed EIA regulation (procedural requirements) are named. The year is listed, and the main changes since the first regulation are mentioned, if available. Also, additional EIA-re

none

Ignace Mchallo, Head of EIA, NEMC. By e-mail correspondense

Guidelines

Any government issued guidelines on EIA (general, or sectoral) are listed here, as well as the authority that issued each. Describe the legal status of the guidelines.

NEMC issued general EIA guidelines, which comprise of three parts:            

  • Part 1: Elaborates the proposed EIA procedure.
  • Part 2: Detailed guidelines for the following stages: registration, screening, scoping, EIA report writing, review and monitoring.
  • Part 3: Includes relevant annexes (e.g. screening lists, review criteria, checklists, flow diagrams)

The guidelines are intended to eventually become integrated into the regulation and thus become part of the legal provisions for EIA.

Sectorally, the following guidelines exist (their status is also given):

  • Roads (2005): being tested
  • National parks: In use
  • Marine parks and reserve: Finalized
  • Mariculture development: Inclusion of EIA in sector's own guideline
  • Coastal tourism:  Inclusion of EIA in sector's own guideline

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Objective of EIA

The objective of EIA as stated in the above described legal basis.

(i) establish impacts of activities to the environment before decision-making;

(ii) promote the implementation of the Environmental Management Act, 2004 and other environmental laws;

(iii) encourage the development of procedure for information exchange, notification and consultation between organs and persons when a proposed activity is likely to have significant environmental effects on trans-boundary or environment bordering regions, districts, municipalities, towns and villages;

(iv) to ensure that environmental considerations are explicitly addressed and incorporated into the development decision making process;

(v) to anticipate and avoid, minimize or offset the adverse significant biophysical, social and other relevant effects of development proposal;

(vi) to protect the productivity and capacity of natural systems and the ecological processes which maintain their functions; and

(vii) to promote development that is sustainable and optimises resources use and management opportunities.

The EIA and Audit Regulations, 2005, article 12

Scope of EIA application

Describes which types of activities require EIA (public and/or private activities; national and/or foreign initiated project; or all such projects)

All development projects likely to have significant environmental impacts. These projects are listed under the first schedule of the EIA regulation 2005 and include public and/ or private, national and/ or foreign. In summary they include projects in:

i) Agriculture; ii) Livestock and range management; iii) Forestry activities; iv) Fisheries activities; v) Tourism and recreational development; vi) The energy industry; vii) The petroleum industry; viii) Food and beverage industries; ix) The textile industry; x) Building and civil engineering industries; xi) Chemical industries

Kalonga S. Environmental Impact Assessment: A legislative handbook for Eastern Africa Region. CLEAA PD ellows 2007-2008 Alumni (un-published)

Exemptions from EIA application

Describes any (groups of) activities identified in the regulation that are exempted from the requirement to do EIA (e.g. military or emergency activities).

not specified

Institutional setting for EIA

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Central EIA authority

Is there a central authority in charge of implementing EIA? Is it independent or linked to a higher body (e.g ministry)? What are its tasks related to EIA?

The National Environmental Management Council (NEMC) is the central EIA authority in Tanzania. NEMC is an agency that operates under the Division of Environment of the Ministry of Environment.

Initially, NEMC was established in 1983 in terms of the National Environment Management Council Act No. 19. Its functions and responsibilities were then rearticulated through the Environmental Management Act of 2004. NEMC is aimed to undertake the review, monitoring, enforcement and compliance activities for EIA and to facilitate public participation. NEMC has a Directorate of Environmental Impact Assessment (DEIA). The Directorate reviews and approves EIA reports, conducts site inspections and verification visits,manages the EIA database and it conducts monitoring and environmental audits. It furthermore provides training on EIA at district level.

Kalonga S. Environmental Impact Assessment: A legislative handbook for Eastern Africa Region. CLEAA PD ellows 2007-2008 Alumni (un-published) Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Afric

Other key (governmental) parties involved in EIA, and their roles

Lists other key parties (e.g. a review commission, knowledge institute) that have a role in many or all EIAs.

National Environmental Advisory Committee (NEAC): Reviews achievements of objectives, goals and targets set by NEMC and advices the Minister accordingly. Additionally NEAC gives advice to the minister on matters relating to environmental standards, guidelines and regulations including EIA.

Division of Environment: The Division of the Ministry of Environment, among other tasks, is responsible for formulating policies and strategies on the environment.

Ministry of Environment: The Minister approves EIA reports and may delegate these powers to DoE, Government Authorities or Sector Ministries. The Ministry also reviews NEMC reports for projects subjected to EIA and has the powers to issue or suspend EIA certificates in cases of non compliance.

Sector Ministries: An environmental section was established within each line ministry to facilitate intersectoral cooperation. Each section is headed by a Sector Environmental Coordinator. In relation to EIA these sections have the following tasks: providing the proponent with relevant policies, regulations, legislation or other information, support the evaluation of registration  forms and Project Briefs, collaborate in the review of the ToR, cunsultation during the EIA study and the review of the EIS, undertake monitoring of the project implementation.

Local Government Authorities: Monitor the preparation, review and approval of EIA for local investors

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Mandate for exemption of EIA obligation

Describes if there is a legal mandate for a competent authority to make exemptions of EIA obligation. And if yes, under which conditions (e.g. national security, disasters or no conditions/when deemed necessary).

not specified

(De)centralisation of EIA mandates

Describes if EIA mandates are (de)centralised. Vertical decentralization refers to the extent to which the responsibility for EIA processes are delegated by the central government to the provincial or local authorities. Sectoral or horizontal decen

The responsibility for the screening decision can be delegated to local authorities. The screening then happens under supervision by NEMC.
Although responsibility on EIA report review is extended to the provincial and district levels of government, decision-making for EIA is centralised and done by the minister in charge of environment upon receiving advice on EIA report review from NEMC who consults with the provincial and local authorities.

EIA procedure

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Overview EIA procedure

Characterizes the overall EIA procedure. If relevant, interesting aspects of the EIA procedure are mentioned such as: which procedural steps are part of the EIA procedure? How are they linked to each other? Are there different levels of assessment di

The Screening process in Tanzania leads to a decision of whether an full EIA has to be conducted, a preliminary environmental assessment is necessary or if no environmental assessment is required. Thereafter, scoping, the assessment process and the review of the EIA report follow. Then, it is decided if the EIS is approved and if an EIA certificate is issued. Monitoring and auditing of compliance follow.

Milestone documents resulting from the EIA process are the following: Policy Brief for Screening, Screening report, Scoping report with Terms of Reference, EIA report, EIA review report, EIA certificate.

Screening

Screening requirement and authority

Describes if a formal screening decision required, and if so, which authority is responsible for this decision. Is this decision published?

Screening is a legal requirement and is conducted by NEMC. Projects of national interest or those of potential high risk are screened by NEMC. More localised projects are screened by the local authority of the area where it is located under supervision of NEMC.

Screening process

Describes the screening process: steps in screening, the stakeholders involved and outcomes of the process, status of screening advice of different stakeholders, etc. Also describes any prescribed methods for screening. If preliminary EIA's / light EIA's / Initial Environmental Evaluations (IEE) are done in this country and which criteria determine whether a preliminary or a full EIA is requested

Upon receipt of the project brief from the proponent, NEMC distributes it to relevant stakeholders (Ministries, local government and/ or regional secretariat and public institution).  A period of 21 days is given for comments. NEMC then screens the project brief based on the comments and the screening criteria given under the second schedule of the EIA regulation 2005. NEMC can require a preliminary assessment when more information is needed for the screening decision. Following the screening process, a screening report is presented to the proponent. The decision (whether or not an EIA is required or if more information is required to make the screening decision) is then communicated to the proponent, in writing, 45 days after the initial application.

Screening is based on 3 methods:

  • A positive and negative list of projects listed under the first schedule of the EIA regulations 2005;
  • An initial environmental assessment whose results are included as part of the initial project brief for which various stakeholders have to comment and lastly;
  • a criteria based on project features, impacts, location (nearness and effect to sensitive areas). This criteria is included under the second schedule of the EIA regulation 2005.

The EIA and Audit Regulations, 2005, Schedule 1

Provision for sensitive areas

Are specific requirements formulated for environmentally sensitive areas? (e.g. no minimum thresholds, full EIA instead of partial EIA)

There are provisions for sensitive areas. As part of the screening criteria, it is required that projects should not be located in and should not have effect on any environmentally sensitive areas such as wetlands and national parks. A list of environmentally sensitive areas is given in the Appendix of the EIA Guidelines.

The EIA and Audit Regulations, 2005, Schedule 2

Contents of the starting document

Describes the required content of the starting document (if any) that the proponent should submit to the competent authority for EIA screening. Mentions if the starting document is published.

Project registration is done through a submission of a project brief to NEMC in a prescribed form. The contents include: Name of the proponent; proposed project; proposed site; required infrastructure and utilities; environmental impacts and other environmental issues that NEMA may request.

Lawcastles (2006). Statutory Procedure for Conducting EIA in Tanzania. Lawcastle Technical paper No 2 of 2006

Timeline Screening

Maximum number of (working) days allowed between submission of the starting document and the screening decision.

45 days

The EIA and Audit Regulations, 2005, Article 7, 8 and 9

Scoping

Scoping requirement

Is a formal scoping step required as part of the EIA process?

Scoping is a mandatory requirement.

The EIA and Audit Regulations, 2005, Article 13-1

Scoping process

Describes who carries main responsibility to undertake scoping and what the roles and responsibilities of the involved parties during the process are. Specifically, is there independent formulation and/or review of the scoping document, approval of the scoping document? Are any methods prescribed, e.g. participation, checklists. What guidance is provided?

Where EIA is required after screening, the proponent or consultants hired by the proponent are required to prepare a scoping report on the results of the scoping process. Thereafter, the proponent or the consultant has to develop the Terms of Reference (ToR). Accompanied by the scoping report, the ToR are then submitted to NEMC for approval. If found necessary, a site visit is made as part of the review of the ToR. Finally, the outcome of the review is communicated to the proponent.

The EIA and Audit Regulations, 2005, Article 13

Contents of the scoping document

Explains if there are there specific requirements for the content of the scoping document, and if so, what these are.

Contents of the scoping document include:

a) method of scoping;

b) identification of issues and problems;

c) synthesis of results of the scoping exercise including details of potential impacts;

d) stakeholders and how they were involved in the scoping exercise;

e) spatial, temporal and institutional boundaries of the project;

f) alternatives and;

g) Terms of Reference

The EIA and Audit Regulations, 2005, Article 13-4

Timeline scoping

Number of (working) days for the decision on approval of the scoping document by the competent authority.

The decision on the approval of the ToR shall be made within 14 days from submission.

The EIA and Audit Regulations, 2005, Article 13-2

Assessment and reporting

Assessment process

Steps and roles of stakeholders in the assessment and status of the input of the stakeholders. Also sets out methods for assessment of the environmental impacts of the activity, if prescribed, and whether the assessment covers environmental, social, economic and/or transboundary effects.

Assessment begins after the approval of the ToR. The proponent is required to: identify, predict and evaluate significant impacts; ensure that the concerns and views from stakeholders are fully taken into account during assessment of impacts and; assess all alternatives and their impacts recommending the appropriate options. The proponent then identifies impact mitigation and enhancement measures and prepares a Environmental Impact Statement. Before submitting it to NEMC, the proponent shall also consult the relevant authorities on it.

According to the EIA guidelines and procedure, the methods of assessment is depended on the particular case. There is however a general requirement to determine the baseline study in which case consideration should be given to the existing social, economic, physical, ecological, socio-cultural and institutional environment within the project boundary area. It is stated under the 4th schedule of the EIA regulations, 2005 that the consultant should ensure adequate stakeholder participation.

Lawcastles (2006). Statutory Procedure for Conducting EIA in Tanzania. Lawcastle Technical paper No 2 of 2006 The EIA and Audit Regulations, 2005, Schedule 4 and EIA Guidelines and Procedure

Contents of the EIA report

Explains what should be contained in the EIA report. Specifies if a potential Environmental Management Plan is part of the EIA report or if it is a separate document that contributes to the EIA process.

(i) executive summary; (inclusive record of stakeholders consulted)

(ii) project background and description;

(iii) policy, administrative and legal framework;

(iv) baseline or existing conditions

(v) assessment of impacts and identification of alternatives;

(vi) impacts management or environmental mitigation, measures;

(vii) environmental and social management plan;

(viii) environmental and social monitoring plan;

(ix) resource evaluation or cost benefit analysis;

(x) knowledge gaps;

(xi) report preparers

(xii) Reference

EIA regulation 2005, article 18 part 1 and 2

Review

Review process

Overview of the review process, including: steps in the process and roles of the stakeholders, status of the input of the stakeholders. Is the process open to public? Review method: internal review, external review, panel/commission (permanent or temporary), are the review results documented? Are the review criteria general or case by case? Are the review results documented? Is a potential review

NEMC is required to circulate the EIS in order to receive written comments from various institutions and government stakeholders and make it available to the public. Moreover, NEMC may conduct site visits as part of the review process and and hold open public hearings. Where necessary, the EIA regulation provides for information to be put on the internet.

The NEMC has developed a formal system for reviewing EIA reports. As part of the process, the reviewer considers whether certain specified aspects have been adequately addressed or satisfied in the report, and then gives a score for each of the main topics covered. The overall score of the report is the average of the scores given to each of those topics.

EIA and audit regulation, 2005, Part VI

Review expertise

Describes if the EIA is checked by external parties, and if so to what extent these represent required disciplines/expertise. Also sets out if measures have been taken to ensure that reviewers are impartial?

The NEMC can set up a cross-sectoral Technical Advisory Committee to assist with the review process. In addition to government experts, NEMC has a mandate to invite external experts for it.

V. Booth, K. Chapman and B. Walmsley: In SAIEA 2003

Timeline Review

Number of (working) days for review of the EIA by the competent authority.

The law stipulates that review within NEMC should take 60 days and for the Minister 30 days.

Ignace Mchallo, Head of EIA, NEMC. By e-mail correspondense

Decision-making

Integration of EIA into decision-making

Describes what kind of decision-making processes the EIA is intended to support. We look specifically at the decision on EIA approval, and how this relates to envirionmental approval for the project, and other project approval decisions (permits) needed before a project can proceed. This category describes which decisions are influenced by EIA and how they are linked to each other.

Approval of EIA report is necessary to obtain an EIA Certificate. NEMC prepares terms and conditions for issuance of the EIA Certificate and recommends to the Minister responsible for Environment in the Vice President’s office. The Minister in turn approves the projects by signing the EIA Certificates, as stipulate in EMA 2004 section 92 (1).

For activities listed in the First Schedule of the EIA and Audit Regulations (2005), the licencing authority (line ministry) does not issue the required licence for proceeding with the project, unless a EIA Certificate has been received.

Ignace Mchallo, Head of EIA, NEMC. By e-mail correspondense Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa. NEMC website: http://www.nemc.or.tz/index.php?optio

Competent authority

Describes which authority/authorities is/are responsible for each of the main decision-making processes on EIA (EIA approval, environmental approval and/or project approval). It is explained if those decisions are taken by the same or different authorities.

The Minister in charge of environment upon receipt of an EIA review report from NEMC.

EIA and audit regulation, 2005, article 31

Decision justification

Sets out requirements for justification of the consideration of the EIA information in decision-making (on EIA approval, environmental approval and/or project approval).

The minister is required to communicate decisions and the reasons thereof to the proponent in writing with reference to the EIA.

EIA and audit regulation, 2005, article 31-2

Decision publication

Does the decision (on EIA approval, environmental approval and/or project approval) have to be published? Also, is the decision justification published as well?

The EIA regulations require that the decisions by the minister be made public. A copy of the decision document is supposed to be availed for inspection by the general public at NEMC offices

EIA and audit regulation, 2005, article 32-2

Timeline decision-making

Maximum number of (working) days available to the competent authority to make the EIA based decision (EIA approval, environmental clearance and/or project approval).

30 days

EIA and audit regulation, 2005, article 31

Monitoring, Compliance and Enforcement

Compliance monitoring

Is compliance monitoring required to check if the project is implemented as described in the EIA documents and/or if mitigation of environmental impacts complies with applicable standards and other measures set out in the EIA documents? Who is responsible for ensuring compliance? How does this authority ensure compliance (for example, through inspections)? And what requirements are there for the p

The EIA and audit regulations require monitoring to check compliance with EIA approval conditions through NEMC on the one hand and through the proponent on the other hand. NEMC, in consultation with respective line ministries, may undertake inspections for impact and compliance monitoring. NEMC is also responsible for carrying out environmental audits. Such audits must be done for all activities which are subjected to EIA. The audit reports must be reviewed by the cross-sectoral Technical Advisory Committee.
The proponent submits an EMP as part of the EIA report. Additionally, the EIA and audit regulations of 2005 require self auditing by the proponent, who has to submit annual environmental audit  reports. An elaborate mechanism for auditing by the proponent is described in Part X of the EIA regulation, 2005.

EIA and audit regulation, 2005, article 44 EIA and audit regulation, 2005, part X Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Non-compliance penalties

Are there penalties that the authority responsible for compliance can apply if environmental conditions are not met? What are these? (for example, fines, suspension of license)

Part XVI of the EMA (2004) sets out a variety of penalties. The minister may cancel or suspend an EIA certificate if: the holder contravenes the conditions set out in the EIA certificate; there is a substantial modification in the project; the project pauses and environmental risk which could not be foreseen; if it is established that information or data given by the developer was false. It is further an offense to implement any project without approval under the EIA and audit regulation or to provide false information in an EIA. This can be punished with a fine between 500,000 and 10,000,000 Tshs and/or an imprisonment for two to seven years (1 USD is approximately 1630 Tshs).

Kalonga S. Environmental Impact Assessment: A legislative handbook for Eastern Africa Region. CLEAA PD ellows 2007-2008 Alumni (un-published) Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Afric

EIA evaluation

Are there any requirements to monitor if the impacts in reality are as they were predicted in the EIA, with the purpose of evaluating the EIA itself and improving future EIA practice?

The EIA and audit regulation require that monitoring is conducted for actual environmental impacts during operation. It is stated that the monitoring is done as a mechanism to learn from experience and to refine design and implementation procedure of a project.

EIA and audit regulation, 2005, Part X

Payment system

Is the proponent required to pay a fee when applying for an EIA? Is this fee linked to a permitting fee, or separate? If yes, when is this paid and to whom (to the agency that issues the license or to a central agency)?

The proponent pays directly to NEMC a fee of Tsh 20,000 for EIA application. This fee is not linked to the environmental permit and is only for EIA administration. The proponents are obliged to contact NEMC to receive latest information about the required fees. Fees are also required to access Council records of decision, EIS documents and to register EIA practitioners.

Kalonga S. Environmental Impact Assessment: A legislative handbook for Eastern Africa Region. CLEAA PD ellows 2007-2008 Alumni (un-published) Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Afric

Public participation

Public participation requirements for EIA process stages

Describes for which of the EIA process stages public participation is required.

There are provisions for public participation during scoping, environmental impact study, during the EIA report review and during the preparation of the terms and conditions of the EIA approval. Additionally, a member of the public may, after showing a reasonable cause petition NEMC to order an audit of a particular project.

The EIA and Audit Regulations, 2005, Article 17, 26 and 56

Public participation guidance

Has any guidance on participation been provided?

There are no Tanzania specific manuals for public participation.

Access to information

Which of the information that is generated in the EIA process is available to the public? Specifically, which reports and decision statements?

The EIA regulation states that any project brief, environmental impact statement, Terms of Reference, public comments, report of a person presiding at a public hearing, environmental impact assessment statement, decision letter or any other information submitted to NEMC is public document and anyone may have access under conditions that NEMA may consider appropriate.

The EIA and Audit Regulations, 2005, Article 17, 26 and 56

Information dissemination

How can the public receive the information that is publicly available? Are there public announcement on the proceedings? How/where are these published? Is information made available locally? Is information sent on request? etc.

The EIA regulations recommend a number of ways through which the proponent can share information to the public. These include putting up posters in strategic public places near the proposed project; publishing a notice in newspaper with nationwide circulation; making announcement in radios with nationwide coverage in both Swahili and English and holding public meetings where it is appropriate.

The EIA and Audit Regulations, 2005, Article 17

Timeline for public comments

The number of (working) days available for the public to make comments on the EIA decision document.

Not specified. Nevertheless, appeals with regards to any of the decision is supposed to be made within 30 days.

Costs for public

Are there any specified costs public parties will incur if they partake in EIA?(e.g. costs for the receiving report, costs of losing an appeal, etc. Costs associated with travel to meetings or such are not included here)

The proponent is responsible for all fees, costs and expenses associated with the preparation of an EIA report. However, accessing records of decision and EIA report comes along with a fee.

Walmsley B. & Patel S., 2012. SADC Environmental Legislation Handbook 2012. Development Bank of Southern Africa, Noordhoek, South Africa.

Public comments

What options do the public have to provide their comments. Should comments be written, or may they also be verbal? To which agency should they provide their submissions?

Both oral and written comments are made and recorded for input either into the draft EIA report or for consideration alongside the final EIA report during decision-making.

Section 89 and 90 of Environmental Managemnet Act 2004

Public comments in decision-making

Do the EIA and/or project approval decisions have to be justified on the basis of public participation results? Do legal texts indicate how public participation results should be used and to which decision-making processses they should contribute?

It is not explicitly required to provide insight into which particular public comments have influenced decisions. However, the Minister on making a decision is supposed to consider the comments made by various stakeholders including the public and the report of the person presiding at a public hearing, where applicable.

The EIA and Audit Regulations, 2005, Article 32

Legal recourse

Possibilities for appeal

What are the legal recourse options to challenge EIA decisions are provided for within the legal framework?

Appeals on the decisions by the Minister are made to Environmental Appeals Tribunal (EAT) and those against the decision of the Environmental Appeals Tribunal are made to the High Court.

The EIA and Audit Regulations, 2005, Article 61

Decisions that can be appealed

Which EIA decisions can be appealed?

Appeals can be made against refusal to grant an EIA certificate by the Minister, revocation, variation or suspension of an EIA report, the amount of money which the proponent/ person is supposed to pay as fees. Additionally, appeals can also be made on decision to withhold information from the public by NEMC.

The EIA and Audit Regulations, 2005, Article 61

Who can appeal

Who can make an appeal (in other words, has legal standing)?

Any person aggrieved by any decision to award the EIA licence can appeal

The EIA and Audit Regulations, 2005, Article 61

EIA practice

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Annual no. of EIAs

Gives an estimation for the number of full EIAs that are produced annually in this country.

Number is growing annually, total of EIA/EA certificates issued stood at just over 300 in 2013.

Central EIA database

Is there a central database or library where information on EIAs is kept (i.e. where all EIAs are registered and/or copies are archived). If so, what is kept there and is this information publicly accessible?

The EIA regulations, 2005 requires NEMC to keep a register of EIA certificates, EIA statements, EIA experts, Audit and monitoring reports as well as approvals of applications for seeking exclusion of proprietary information from public access.

Practice reviews

Any EIA practice review studies that have been done (by governmental agencies or others) are listed here. Where relevant, links to studies are included, and the main conclusions of the studies are summarised.

Country Report on EIA (Environmental Impact Assessment in Southern Africa) a Southern African Institute for Environmental Assessment (SAIEA) publication, compiled by Peter Tarr and funded by Danida. Review includes: The Rufuji River Delta Prawn Plantation project; The Songosongo Gas Pipeline project; EIA in National  Parks      

Power Politics and EIA in Practice in Tanzania By Lawyers’ Environmental Action Team (LEAT)                                                                                           

Mwalyosi R and Hughes R (1997). The Performance of EIA in Tanzania: An Assessment. Environmental Planning Issues No.14, IIED, London.   

Souther African Institute for Environmnetal Assessments website

Accreditation of consultants

Is there and accreditation system operational in the country to certify consultants to do EIAs?

An accreditation system  for consultants exists and is covered and governed in accordance with provisions of the Environmental (Registration of Environmental Experts) Regulation, 2005. Each environmental expert who conducts an EIA or an environmental audit has to be certified as an environmental expert. Similarly, international experts and consultancy firms also need to be certified and registered.

The EIA and Audit Regulations, 2005, Article 14

Professional bodies

Professional bodies relevant to EIA practice in the country, such as EIA Associations, Environmental Expert Associations, etc are listed here.

Eastern Africa Association of Impact Assessment: EAAIA was formed to enable the Eastern Africa region to establish a well-managed database that act a as: a source of EA information, a mechanism for exchange and sharing of knowledge, information and experience on EA policies and practice; support maximization on the use of available resources in the region. Tanzania is a member                                                                                                          

Network for Individuals Concerned for Environment (NICE)

East African Network for Environmental Compliance and Enforcement (EANECE): Regional network of governmental agencies which have in their mandate environmental management, compliance and enforcement responsibilities in the East African nations of Kenya, Uganda, Tanzania, Rwanda and Burundi.

Non-governmental EIA guidance

Lists any EIA manuals and good practice publications (including checklists, case studies) that have been published by parties other than government.

none

Capacity development

Ongoing training programmes (including professional and academic training) and major training events held in the past (with focus on recent events) are mentioned here.

Professional Development (PD) Fellowship Program for East and Southern Africa.  CLEAA works with various environmental assessment leaders nationally, regionally and globally, in partnership with IUCN East and Southern Africa Regional Office (ESARO), with financial support from Swedish International development Agency (SIDA)  to promote and enhance Africa’s capacity in Environmental Impact Assessment (EIA), for better environmental governance and sustainable development                                                                                                     

Tanzania Wildlife Research Institute (TAWIRI) - Norwegian Institute for Nature Research Collaborative Programme in capacity building: Environmental Impact Assessment (EIA) training course conducted at Serengeti Wildlife Research Centre, April 22-26, 2002

http://www.nina.no/archive/nina/PppBasePdf/projectReport/2003/25.pdf

EIA links

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Links to laws/regulation

Any relevant links to laws or regulations are included here.

National Environmental Management Act 2004

The Environmental Impact Assessment and Audit Regulations, 2005

Other relevant links on EIA

Any other relevant links (for example to country specific guidance documents) are included here.

Southern Africa Institute for Environmental Assessments (SAIEA) on Tanzania