EIA Country Report for Tanzania

Legal Framework
State, Country or Province: 
Tanzania
EIA law: 
Environmental Management Act, 2004
EIA Regulations: 
Environmental Impact Assessment and Audit Regulations, 2005
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
A project proponent shall prepare a project brief that states the nature and location of the project; the activities that shall be undertaken during the project construction, operation, and decommissioning; the design of the project; the materials and products to be used and the by-products generated; the potential environmental impacts of the project and mitigation measures; an action plan for the preventation and management of possible accidents; and other economic and socio-cultural impacts. EIA Regulations, sec. 6(1). If, after reviewing the project brief, the Council is of the opinion that the project will not cause significant impacts or that sufficient mitigation measures are proposed, it may recommend that the project be approved based on the brief alone. EIA Regulations, sec. 10(2). The Council may also recommend that further study (full EIA) be completed. EIA Regulations, sec. 11.
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
Envtl. Mgmt. Act, sec. 81(1); EIA Regulations, sec. 9.
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
"No developer shall implement a project - (a) likely to have a negative environmental impact; or (b) for which an environmental impact assessment is required [under the Environmental Management Act or EIA Regulations.]" EIA Regulations, sec. 4 & First Schedule (listing projects that require EIA). Screening criteria are in the EIA Regulations, Second Schedule
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Pays for EIA: 
Project Proponent
Who Pays for EIA Detail: 
Evtl. Mgmt. Act, sec. 81(1)
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
EIAs "shall be conducted by experts or firms of experts whose names and qualifications are registered as such by the Council." Envtl. Mgmt. Act, sec. 83. In addition, the Minister shall prescribe the qualifications of a person who may conduct an EIA. Envtl. Mgmt. Act, sec. 83(2). See also EIA Regulations, sec. 14 ("Environmental Impact Assessments shall be conducted by experts or firms of experts whose names have been duly certified and registered in accordance with the provisions of the Environmental (Registration of Environmental Experts) Regulations, 2005.")
Conflict of Interest: 
Yes
Conflict of Interest Detail: 
There is a code of practice for environmental experts that addresses conflicts of interest. See Environmental (Registration of Environmental Experts) Regulations, 2005
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
The Council and the project proponent shall determine the scope of the environmental impact statement, including issues that must be addressed, persons that must be consulted, and methdologies for collecting and analyzing the required data. Envtl. Mgmt. Act, sec. 85. "An environmental impact assessment shall be conducted in accordance with scoping and the terms of reference developed during the scoping exercise by the developer or proponent." EIA Regulations, sec. 13
Days for Decisionmaker Review: 
90
Automatic Approval: 
No
Written Decision: 
Yes
Written Decision Detail: 
Envtl. Mgmt. Act, sec. 92(2); EIA Regulations, sec. 31(2)
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
The Minister may approve an EIS subject to such conditions as he may determine. Envtl. Mgmt Act, sec. 92(1)(c); see also EIA Regulations, sec. 33(2)(b) (more specificity on authority to impose conditions)
Expiry of Decision: 
3 years
Expiry of Decision Detail: 
If no development has started within 3 yeas of issuance of the certificate, the project proponent must re-register intent to develop. EIA Regulations, sec. 41
Financial Assurances or Bond: 
No
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
The EIA must "identify and analyse alternatives to the proposed project." EIA Regulations, secs. 16(b); 18
No Action Alternative: 
No
No Action Alternative Detail: 
Not mentioned in the law or regulations.
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
The EIA must "propose mitigation measures to be taken during and after the implementation of the project." EIA Regulations, secs. 16(c), 18(2)(a)(xi).
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
The EIA must "develop an environmental management plan with mechanisms for monitoring and evaluating the compliance and environmental performance . . . ." EIA Regulations, secs. 16(d), 18
Access to Information
Public Notice of Draft EIA: 
No
Draft EIA Available: 
No
Draft EIA Available Detail: 
The public does not have the opportunity to review or comment on a draft EIA.
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
Upon receipt of the EIA, the Council shall notify the public "by any appropriate means of the place and time for reviewing the Environmental Impact Statement and submitting written comments in a prescribed manner." Envtl. Mgmt. Act, sec. 89(2)(b). See also EIA Regulations, sec. 23(2) (Council shall notify and invite the general public for comment within 14 days of receiving the EIS from the project developer).
Final EIA Available: 
Yes
Final EIA Available Detail: 
Environmental impact statements "shall be kept and maintained by the Council in a public registry and their contents may be searched upon payment of a prescribed fee." Envtl. Mgmt. Act, sec. 85(2)
Final EIA Locations: 
Agency or ministry office
Fee to View EIA Documents: 
Yes
Availability of Reference Studies: 
Yes
Availability of Reference Studies Detail: 
If a public hearing is to be convened, the Council "shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalized." Envtl. Mgmt. Act, sec. 90(3). This may be narrowed somewhat by the EIA Regulations, which state that only the project brief, EIS, terms of reference, public comments, public hearing report, and decision letter are considered "public" documents. EIA Regulations, sec. 39(1). There are also provisions regarding confidential information. See EIA Regulations, sec. 40
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
The Minister's decision on an environmental impact statement shall be made available for inspection by the general public at the Council's office. EIA Regulations, sec. 32(2). Note, however, that there is no requirement that the Council issue any notice that the decision is available.
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
The procedure for conducting scoping exercises is not clear from the law and regulations. However, the project proponent must submit a scoping report that identify stakeholder groups and how they were involved in scoping exercises. Envtl. Mgmt. Act, sec. 85(1); EIA Regulations, sec. 13(3)(d).
Public Review of TOR: 
No
Public Review of TOR Detail: 
The Council and the project proponent shall determine the scope of the environmental impact statement, including issues that must be addressed, persons that must be consulted, and methdologies for collecting and analyzing the required data. Envtl. Mgmt. Act, sec. 85. Although the public may be involved in scoping exercises, it does not appear that there is an opportunity to review or comment on the TOR before it is final.
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Sometimes
Public Meetings Detail: 
The review of the Environmental Impact Statement shall be conducted through public hearings. Envtl. Mgmt. Act, sec. 90(1). However, the Council has discretion to decide whether or not to convene a public hearing to collect submissions or comments. If a hearing is convened, the Council "shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalized." Envtl. Mgmt. Act, sec. 90(3). See also EIA Regulations, secs. 26, 27 (The Council shall, upon receipt and consideration of oral and written comments, determine whether to hold or not to hold a public hearing).
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
"Any person may attend in person or through a representative and make presentations…provided that the presiding officer shall have the right to disallow frivolous and vexatious presentations." EIA Regulations, sec. 29.
Criteria to Hold Public Meeting: 
Ministry or agency has discretion to decide whether to hold a meeting and/or hearing
Days for Public to Review Final EIA: 
14
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
The Environmental Impact Statement review process shall be based in part on comments received during public hearings and other consultative processes. Envtl. Mgmt. Act, sec. 88(2)(d). Specifically, the Council shall consider all comments received on the EIS to determine whether a public hearing should be held. EIA Regulations, sec. 26(1). The Minister shall take the public hearing report into account when issuing a decision regarding an EIS. EIA Regulations, sec. 32(c).
Facilitation of Public Participation: 
Yes
Facilitation of Public Participation Detail: 
The accommodations are not extensive. The project proponent must provide a non-technical executive summary of the EIA in English and Kiswahili. EIA Regulations, sec. 19(2)
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
"Any person who is aggrieved by the decision of the Minister to approve or disapprove an Environmental Impact Statement may appeal to the Environmental Appeals Tribunal." Envtl. Mgmt. Act, sec. 95; EIA Regulations, sec. 61. The statute of limitations is 30 days. Id.
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
Decisions of the Environmental Appeals Tribunal may be appealed to the High Court within 30 days. EIA Regulations, sec. 61(2)
Project Monitoring: 
Yes
Project Monitoring Detail: 
The Council, shall in conjunction with the relevant sector Ministry, "monitor the operation of any project or undertaking with a view to determining its immediate and long term effects on the environment." Envtl. Mgmt. Act, sec. 99(1)(b). After giving notice, inspectors may enter land or facilities to conduct monitoring. Id. The Council is also required to conduct audits of for any project that is likely to have significant impact on the environment. Envtl. Mgmt. Act., sec. 101. There is further discussion of the audit and monitoring processes in the EIA Regulations, Parts X and XI.
   Updated 16 Jun, 2016