A BILL
for
AN ACT TO REPEAL THE ENVIRONMENTAL MANAGEMENT
FOR SUSTAINABLE DEVELOPMENT ACT NUMBER 2 OF 1996,
AND TO REPLACE IT FOR BETTER PROVISIONS RELATING
TO THE CONSERVATION, PROTECTION, ENFORCEMENT AND
MANAGEMENT OF ENVIRONMENT OF ZANZIBAR
AND MATTERS CONNECTED THEREWITH
AND INCIDENTAL THERETO
_____________________________
ENACTED by the House of Representatives of Zanzibar.
PART ONE
PRELIMINARY PROVISIONS
Short title
and
commencement.
Interpretation
Environmental
management
on
development
plan.
4. Every person shall ensure that development plans and activities are
implemented in an environmentally-sound and sustainable manner.
Right and
duty to a
clean, safe
and a
healthy
environment.
5.-(1) Every person shall have a right to a clean, safe and healthy environment.
(2) Every person has a duty to maintain, safeguard and enhance a clean,
safe and healthy environment.
(3) Every person has a right to complain to relevant institutions and bring a
legal action against the person who cause or likely to cause harm to the
environment.
(4) Every person has a duty to inform the responsible Authority of any plan
or activity that may cause significant harm to the environment.
(5) The Authority shall be bound to take action against information submitted
under sub-section (4) of this section.
(6) If the Authority fails to take the action under sub-section (5) of this
section the person who submitted such information shall forward the matter before
the Board.
General
Principles
of
Environmental Management.
6. For the purpose of this Act, every person shall execute his duty assigned
to him under this Act in considering the following principles:(a) the Precautionary principle;
(b) polluter pays principles;
(c) the principle of Ecosystem integrity;
(d) the principle of public participation in the development policies, plans
and processes for the management of the environment;
Establishment of the
Environmental
Advisory
Committee.
(b)
(c)
Environmental
Advisory
Committee,
(f)
(g)
(h)
(i)
any other members not exceeding two may be invited when the
Minister deems necessary.
Environmental
Advisory
Committee
Powers
and
responsibilities of the
Minister
11. The Minister shall have the following powers and functions:(a) to provide guidelines necessary for promotion, protection and
conservation of environment;
(b) to issue general environmental guidelines to various government, private
and civil society organizations or any other institution for the purpose
of implementation of the provisions of this Act;
(c) to provide information on environmental emergency to the institution
responsible for disaster management in Zanzibar; and
(d) to do any other activities for the better implementation of this Act.
Directorof
Environment
environmental management,
(ii)
environmental engineering,
(iii)
ecology,
(3) There shall be other officers for the purpose of implementation of the
functions of the office of Director of Environment.
Functions
of the
Director
of
Environment
prepare and issue a report on the state of the environment for Zanzibar
in every five years to be submitted
to Minister;
8
(j)
(k) carry out any other functions that are necessary to fulfil the purposes
of this Act;
14.-(1) There is hereby established the Authority to be known as the Zanzibar
Environmental Management Authority.
Establishment of the
Zanzibar
Environmental
Authority
15.-(1) There shall be a Board of the Authority which shall, subject to thisComposition
and
Act, administer the activities of the Authority.
Appointment of the
members of
the Board. l
(3) A person shall not be appointed under subsection 2(a) and 2(d) of this
Section unless such a person has at least first degree and experience of at least
five years on environment, law, administration or social development issues.
16.-(1) The Chairperson of the Board shall hold the office for a period of
four years and may be eligible for reappointment of not more than one term.
(2) Any member of the Board other than ex-officio member shall hold the
office for the period of three years and may be eligible for reappointment of not
more than one term.
(3) A member of the Board, other than ex- officio member, shall cease to be
a member if he:
(a) resigns in writing under his hand addressed to the Minister;(b)
dies;
Tenure of
the office
of the
members
of the
Board.
Functions
of the
Board
Meetings
of the
Board
18.-(1) The Board shall meet at least once in every three months.
(2) The Chairperson may at any time convene a special meeting of the Board
when it deems necessary.
(3) The Chairperson shall preside over a meeting of the Board and in his
absence members of the Board shall appoint one member to preside over that
meeting.
(4) The quorum of the meeting shall be more than half of the members of the
Board.
Decisions
of the
Board
Secretary
of the
Board
20.-(1) The State Attorney of the Ministry responsible for Environment shall
be the Secretary of Board.
(2) The Secretary of the Board shall keep minutes of all meetings and
decisions taken by Board and perform other functions as determined by the
Board.
Appointment
and
Employment.
(b) a Senior Public Service Officer in any of the fields as prescribed under
sub-section (2)(a) of this section.
22.-(1) The functions of the Authority shall be to:
(a) undertake and coordinate enforcement of the provisions of this Act;
Functions
of the
Authority
(b) coordinate the Environmental Impact Assessment process for any activity
or investment ;
(c) coordinate environmental audits in respect of any activity or investment;
(d) carry out environmental monitoring that shall support in the proper
management and conservation of environment;
(e) issue environmental certificates, permit or approval;
Powers
of the
Authority
PART FOUR
ENVIRONMENTAL EMERGENCY
24.-(1) In the event of an environmental emergency, whether from
any natural disaster or anthropogenic oriented, the Minister may provide
information on environmental emergency to the institution responsible for
Disaster Management.
(2) If the environmental emergency proved to cause pollution, whether
deliberate or accidental, the polluter shall;
(a) be liable for any damage caused;
(b) be liable for compensation to third party; and
(c) be responsible for the recovery expenses.
(3) A person who contravenes this provisions of subsection (2) of this
section commits an offense and upon conviction shall be liable to a fine of not
less than ten million shillings and not exceeding one hundred million shillings
or imprisonment for the term of not less than five years and not exceeding
fifteen years or both fine and imprisonment.
(4) In addition to any penalty under this section, court shall order payment
of compensation and damage recovery cost determined by the Authority to
be paid by polluter.
PART FIVE
ENVIRONMENTAL AND CLIMATE CHANGE UNIT
Establishment of
Environmental and
Climate
Change
Units
Functions
of the
Environmental and
Climate
Change
Unit
Coastal
Zone of
Zanzibar
(2) The climate change committees established under section 67 of this Act
shall be also responsible for the Integrated Coastal Zone management.
(3) The Minister may make Regulations related to Integrated Coastal Zone
management.
28.-(1) There is hereby established costal Setback Buffer Zone of Zanzibar.Establishment of
(2) A person shall not carry out any activity in the Coastal Setback BufferCoastal
Setback
Zone without the permission from the Authority.
Buffer
Zone.
(3) A person who contravenes the provision of subsection (2) of this section
commits an offence and upon conviction shall be liable to a fine of not less than
five million shillings and not exceeding ten million shillings or imprisonment for a
term of not less than two years and not exceeding four years or both fine and
imprisonment.
PART SEVEN
MANAGEMENT OF NON-RENEWABLE NATURAL RESOURCES
renewable
natural
resources
management
(a) District Commissioner to which application for excavation of nonrenewable natural resources is made who shall be a chairperson;
(b) Director General of the Authority;
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Quorum of
meeti- ng of
the joint
management
Committee
32.-(1) The quorum of the Joint Management Committee for nonrenewable natural resources shall be half of the members of the committee. (2)The
Secretary of Joint Management Committee for Non- renewable natural resources
shall keep records of the meetings of the Committee.
for nonrenewable
natural
resources
Nonrenewable
natural
resource
permits
33.-(1) A person shall not excavate, extract, dredge, collect, harvest, remove,
transport, lease, transform or sell any non renewable natural resource without a
permit issued by the institution responsible for non renewable natural resources.
(2) Notwithstanding the provision of subsection (1) of this section, a permit
for excavation of non renewable natural resources shall be issued subject to
signing a contract for rehabilitation of the excavated area issued by the institution
responsible for non renewable natural resources.
(3) A person to whom a permit for excavation of non-renewable natural
resources is issued, shall deposit an environmental performance bond to the
institution responsible for non renewable natural resources by considering the
following:(a) size of area which shall be excavated;
(b) impacts that may be caused; and
(c) cost of potential rehabilitation measures.
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(4) The Minister may make Regulations for the management of nonrenewable natural resources.
34.-(1) A person to whom the permit for excavation of non-renewable
natural resources has been issued shall have the duty to rehabilitate the excavated
area.
Duty of
rehabilitation
(2) It shall be the duty of the institution responsible for non renewable
natural resources to ensure the proper rehabilitation of the excavated area.
(3) If the excavated area has been properly rehabilitated, an environmental
performance bond deposited shall be returned to a person who deposited.
(4) If the environmental performance bond deposited is inadequate, a
person to whom the permit for excavation of non-renewable natural resources
has been issued shall be liable to pay the advance of the environmental
performance bond to the institution responsible for non-renewable natural
resources.
(5) A person who contravenes the provision of subsection (1) or (4) of
this section commits an offence and upon conviction shall be liable to a fine of
not less than two hundred thousand shillings and not exceeding twenty millions
shillings or imprisonment for a term of not less than six months and not exceeding
five years or both such fine and imprisonment.
35. Institution responsible for non renewable natural resources shall keep
all records related to management of non renewable natural resources and submits
the same to Director of Environment in every three months.
36.-(1) A person shall not excavate, collect, remove, transport or sell sand
from the beach or sandbank for commercial purposes or other related uses.
(2) A person who contravenes the provision of this section commits an
offence and upon conviction shall be liable to a fine of not less than two million
shillings and not exceeding twenty millions shillings or imprisonment for a term
of not less than one year and not exceeding five years or both such fine and
imprisonment.
Records
for non
renewable
natural
resources
Prohibition
of sand from
beach and
sandbank
PART EIGHT
ENVIRONMENTAL EDUCATION AND RESEARCH
Access to
Environmental
(2) The right to access environmental information prescribed under subInformation
subsection (1) of this section may be denied to any person if the information:
(a) is not exist in the official records of the institution;
(b) is under the national security or public interest; or
(c) is under the protection of trade or industrial secrets.
(3) The Director of Environment or the Director General of the Authority
shall have the right to access related environmental information from any person
related to the implementation of this Act.
38.-(1) The Director of Environment shall promote environmental research
that may contribute to proper environmental conservation and management.
(2) The Director of Environment shall store and utilize environmental
research findings for the purpose of the implementation of this Act.
15
Environmental
Research
PART NINE
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT
Environmental
impact
assessment
requirement
39.-(1) A person shall not carry out or cause to be carried out; any activity
which is likely to have significant impact on the environment and society without
Environmental Impact Assessment Certificate issued by the Authority under this
Act.
(2) Subject to subsection (1) of this section, Environmental Impact
Assessment shall be carried out before construction phase of any activity.
(3) The Minister may make Regulations for the Environmental Impact
Assessment process.
(4) A person who contravenes the provision of this Section commits an
offence and upon conviction shall be liable to a fine of not less than ten million
shillings and not exceeding twenty millions shillings or imprisonment for a term of
not less than five years and not exceeding ten years or both such fine and
imprisonment.
(5) In addition to the penalty imposed under subsection (4) of this Section,
the court shall order the person convicted with offence to pay compensation to
the third party and any other cost for the restoration of the affected area to the
Authority.
Criteria
for
determining
activities
which
require an
Enviromental
Impact
Assessment
certificate
40. For the purpose of this section, an activity shall be considered likely to
have significant impact on the environment and shall be required to prepare an
Environmental Impact Assessment Report and have an Environmental Impact
Assessment Certificate, if such activity, or cumulatively with other activities of
similar nature or location;(a) use major amounts of resources, either living or non-living;
(b) result in the production of waste which would be in large quantity or
hazardous nature;
(c) modify the environment on a large scale;
(d) influence population shifts in major ways;
(e) affect environmentally sensitive areas; or
(f) embody such other characteristics as may prescribed under this Act.
Recognition
41.-(1) The environmental impact assessment shall be conducted by experts
of
or
firm
whose qualifications are prescribed by Regulations made under this Act.
Environmental
(2) The Authority shall maintain register of experts or firms authorized to
Impact
Assessmentconduct Environmental Impact Assessment in Zanzibar.
experts or
firms.
(3) A proponent of an activity shall select expert or firm amongst those
16
Monitoring.
(2) Subject to sub section (1) of this section, where monitoring shows noncompliance of any condition issued with Environmental Impact Assessment
Certificate, the holder of the certificate shall take actions as may be directed by
the Authority.
(3) Notwithstanding the provision of sub-section (1) of this section the
Authority shall carry out periodic environmental monitoring.
(4) A person who contravenes the provision of sub-section (2) of this
section, commits an offence and upon conviction shall be liable to a fine of not
less than five million shillings and not exceeding twenty million shillings or
imprisonment for a term of not less than two years and not exceeding ten years
or both such fine and imprisonment.
44. The holder of an Environmental Impact Assessment Certificate shallInformation
provide any information required by the Authority to ensure compliance of theRequirements.
conditions issued with the Environmental Impact Assessment certificate.
45.-(1) A person who undertakes any activity that does not require an
Environment Impact Assessment shall prepare an Environmental Report as may
be prescribed by the Regulations made under Section 39(3) of this Act.
Environmental
Reports.
(2) Subject to sub-section (1) of this section, the Authority shall, upon
satisfaction of Environmental Report, issue an environmental clearance certificate
on such activity.
(3) A person who contravenes the provisions of sub-section (1) of this
Section, commits an offence and upon conviction shall be liable to a fine of not
less than two million shillings and not exceeding five million shillings or imprisonment
for a term of not less than one year and not exceeding five years or both such fine
and imprisonment.
46.-(1) An Environmental Audit shall be undertaken to the activity inEnvironmconsideration of the following criteria:
ental
Audit.
Cost
Bearer
The role of
the Director
of Environment in
developing
Strategic
Environmental
Assessment.
Environmental
standards.
Prohibition
of
pollution.
51.-(1) A person shall not pollute or permit any other person to pollute the
environment in violation of any environmental standards prescribed by any written
law.
(2) A person who contravenes the provisions of this section commits an
offence and upon conviction shall be liable to a fine of not less than two million
shillings and not exceeding ten million shillings or imprisonment for a term of not
less than two years and not exceeding five years or both such fine and
imprisonment.
Prohibition
52.-(1) A person shall not dump or cause to be dumped into the marine
of
area under the jurisdiction of Zanzibar any type of waste or other matter from
dumping
ship, boat, submarine, airplane, helicopter or any other marine vessel or aircraft.
into
marine
(2) A person who contravenes the provisions of this section commits an
area.
offence and upon conviction shall be liable to a fine of not less than one million
18
shillings and not exceeding ten billion shillings or imprisonment for a term of not
less than one year and not exceeding fifty years or both such fine and imprisonment.
(3) It shall be a defence to a prosecution under subsection (1) of this
section that the dump was due to or was rendered necessary by force majeure
or for the rescue of human life.
53.-(1) Each Local Government Authority or any designated institution for
waste shall manage both solid waste and waste water generated within their
respective area of jurisdiction.
Solid Waste
and Waste
Water
Management.
of unfit
products
Monitoring
and
Inspections
(2) Subject to sub-section (1) of this section the authorized officer shall
conduct monitoring and inspection in accordance with the order and directive of
the Director General.
56.-(1) A person shall not import, collect, handle, store, transport or dispose
any type of hazardous waste.
(2) A person who contravenes subsection (1) of this section commits an
offence and upon conviction shall be liable to imprisonment for a term of not less
than ten years and not exceeding thirty years.
(3) In addition to the penalty imposed under this section, the court shall
order to pay compensation to the third party and other costs involved in handling
the waste or restoration of the environment to the Authority.
(4) Notwithstanding subsection (1) of this section, the Director of
Environment may provide guidance on how to handle the hazardous waste found
in Zanzibar.
19
Hazardous
waste
Hazardous
Substance
Medical
waste
58. The Local Government Authority and institution responsible for waste,
in collaboration with Ministry responsible for Health, shall ensure that any type
of medical waste is collected, stored, transported and disposed in acceptable
manner approved by the Authority.
Exploration,
exploitation
or
transportation of Oil
or Gas
(2) A person who contravenes this section commits an offence and upon
conviction shall be liable to a fine of not less than fifty million shillings and not
exceeding one hundred million shillings or imprisonment for a term of not less
than twenty five years and not exceeding fifty years or both such fine and
imprisonment.
(3) In addition to the penalty imposed under this section, the court shall
order the person convicted with offence to pay compensation to the third party
and any other cost for the restoration of the affected area to the Authority.
Oil spill
or Gas
leakage
Declaration
of
Protected
Area
62. The minister, who declares a protected area under section 61 of thisManagemof
Act, shall make regulations, and prepare and implement management plan forent
the
the area.
Protected
Area
Guidelines
for
Conserva(2) The Director of Environment, in issuing the guidelines under sub-section tion of
Biodiver(1) of this section, may:
sity.
(a) specify Zanzibar strategies, plans and programmes for the conservation
and the sustainable use of biodiversity;
(b) consider principles of conservation and sustainable utilization of biological
diversity;
(c) identify, prepare or maintain an inventory of biodiversity of Zanzibar;
and
(d) determine components of biodiversity which are rare or threatened
with extinction.
64.-(1) A person shall not import, sell, buy, possess, transit, export, transport
or destruct any biodiversity or product of biodiversity which is declared
internationally to be endangered without permit from responsible institution.
Management of
biodiversity.
(2) Notwithstanding the provisions of this section, a person shall not import,
transit, sell, buy, possess, export, transport or destruct any biodiversity or product
of biodiversity which are not required under subsection (1) of this section without
a permit from responsible institution.
(3) Subject to provisions of subsection (2) of this section, every relevant
institution responsible for the management of biodiversity shall provide guidelines
for harvesting, selling, buying, possessing, exporting, or transporting biodiversity
or product of biodiversity of Zanzibar.
(4) A person who contravenes the provisions of this section commits an
offence and upon conviction shall be liable to a fine of not less than five hundred
thousand shillings and not exceeding thirty million shillings or imprisonment for a
term of not less six months and not exceeding ten years or both such fine and
imprisonment.
65.-(1) A person shall not destroy or pollute by any means water resources
and catchment.
Prohibition
of
Biodiversity
Climate
Change
Implementing
Entity
Establishment of
Climate
Change
Committees
Compostion
and
functions of
Climate
Change
Technical
Committee
(2) The sources of funds and revenue of the Authority shall consist of such
sum as may be provided by:
(a) budget approved by House of Representatives;
(b) donations, gift and grant from any person approved by Government;
(c) fees and charges collected by the Authority for the services rendered
under this Act;
(d) five percent of the fine imposed under this Act; andany other source as
may be approved by Government.
72. The Authority shall use its funds ad revenue on discharge of its functionsUses of
as prescribed under this Act and in accordance with the terms and conditionsthe Fund
of
upon which its funds ad revenue may have been obtained or derived.
Revenue
of the
Athority
(2) The sources of money payable into the Fund shall consist of such sum
as may be provided by:
(a) Budget approved by House of Representatives;
(b) Donations, Gift and Grants from any person approved by Government;
(c) Five percent of the fine imposed under this Act; and
(d) Any other source as may be approved by Government.
Uses of
the
Money
of the
Fund
74.-(1) The Moneys of the Environmental Fund shall be used for the Special
National Environmental Management Programme to be approved by the
Environmental Advisory Committee and in accordance with Government financial
procedures and rules.
(2) The Ministry of Finance in consultation with the institution responsible
for environment shall prepare modalities and procedures for governing the
Fund.
PART FIFTEEN
OFFENCES AND PENALTIES
Offence
related to
Authorised
Officers
Offence
related to
failure to
observe a
stop
order
Compounding
Offences
76. A person who fails to observe a stop order issued under this Act
commits an offence and upon conviction shall be liable to a fine of not less than
two million shillings and not exceeding forty million shillings or imprisonment for a
term of not less than one year and not exceeding twenty years or both such fine
and imprisonment.
77. The Minister may, on the recommendation of the Director General, if
he is satisfied that a person has committed an offence under this Act and if the
person admits the commission of the offence and agrees in writing to its being
dealt with under this section:
(a) compound an offence by accepting a sum of money not less than the
maximum fine as specified for the offence which may be paid to the
Authority; and
(b) order the release of any item seized in connection with the offence on
payment of a sum of money not more than the value of that item.
Repeating
orcontinuing
offence
78. The penalty for a repeating or continuing offence under this Act shall be
doubled of the penalty imposed for such offence.
24
79. Notwithstanding the provisions of sections 395 and 396 of the PenalOffences
Act No. 6 of 2004, any offence under this Act or regulations made there underfor
attemping
shall include the attempt to commit that offence.
to
commit
80. A person who contravenes the provisions of this Act, where no specifican
penalty prescribed shall be liable to a fine of not less than two million shillings andoffence
not exceeding fifty million shillings or imprisonment for a term of not less than
one year and not exceeding twenty five years or both such fine and imprisonment.
81.-(1) Notwithstanding the provisions of any other written law for the timeGeneral
being in force, a court may, in addition to any penalty imposed on a personprovisions
relating to
convicted under this Act:
penalties
(a) in the case of an institution, order the revocation of any business permit
or license in respect thereof; or
(b) in the case of a natural person, order the revocation of a license to
practice such persons profession.
(2) No provision of this Act shall be construed as relieving any person of
the civil liability that the persons wrongful act or omission would attract under
any law or as requiring an aggrieved person to forego any claim for damages.
PART SIXTEEN
MISCELLANEOUS PROVISIONS
82.-(1) The Director General shall designate an officer from within or
outside the Authority to be an authorized officer to enforce this Act.
(2) The designation under subsection (1) of this section from outside of
the Authority shall be made in consultation with the responsible institution.
Designation
and
powers of
an
Authorised
Officers
Environmental
prosecutor
Power of
the
Minister to
prohibit
Power of
the
Minister to
make
Regulations
86. The Minister may make regulations for proper and effective
implementation and enforcement of this Act.
Repeal
and
saving.
26
27
Due to the fact that, environment is a crosscutting issue, the proposed bill will support the
enhancement of environmental conservation and protection in Zanzibar and therefore, helps to
realize the objectives of the environmental policy of 2013 and other policies related to environment.
Furthermore, repealing the existing environmental Act and enacting new Act will strongly help
to remove the limitations contained in the existing Act and to increase the efficiency and effectiveness of enforcement and compliance of the Act for achieving sustainable management of the
environment.
This bill for Environmental Management, Zanzibar comprises of 16 Parts and 82 Sections as
follows:
Part One: This is a preliminary part constituted with two sections pertaining to short title and
commencement and interpretation.
Part two: This part is for General Environmental Obligations comprise of four sections from
section 3 to 6, which deals with obligation to protect environment; Environmental management
on development plan; Right and duty to a clean, safe and a healthy environment; and General
principles of environmental management.
Part Three: This is an administration and institutional arrangement part which comprises of
seventeen Sections from 7 to 23 sections related to Establishment of Environmental Advisory
Committee; Composition of Environmental Advisory Committee; Functions of Environmental
Advisory Committee; Meetings and Quorum of Environmental Advisory Committee; Powers
and functions of the Minister; Director of Environment; Functions of the Director of Environment; Establishment of Zanzibar Environmental Management Authority; Composition and
Appointment of the members Board; Tenure of the office of the members of the Board ;
Appointment and employment; Functions of the Authority; Meeting of the Board ; Decision of
the Board; Powers of the Authority .
Part Four: This part is related to Environmental Emergency, which comprises of one Section
24 on environmental emergency.
Part Five: This part is for Environmental and climate change Units that has two sections of 25
and 26 related to Establishment of Environmental and Climate Change Units; and Functions of
the Environmental and Climate Change Units.
Part Six: This part is related to Integrated Coastal Zone Management, which consists of two
sections section 27 and 28 of Coastal Zone of Zanzibar; and Establishment of the Coastal
Setback Buffer Zone of Zanzibar.
Part Seven: This part is for Management of Non Renewable Natural Resources, which contains seven sections of 29 and 36. The sections of this part are for Establishment of joint
management committee for non-renewable natural resources; Composition of joint management committee for non-renewable natural resources; Functions of joint management committee for non-renewable natural resources; Quorum of meeting of the joint management Committee for non- renewable natural resources; Non-renewable natural resource permits; Duty of
rehabilitation; Records for non-renewable natural resources; and Prohibition of sand from beach
and sandbank.
28
Part Eight: This part is for Environmental Education and Research composed of two sections of 37 and 38 of Access to Environmental Information; and Environmental research.
Part Nine: This part comprises of Environmental and Social Impact Assessment, which contains of nine Sections from 39 to 47. The Sections are on Environmental Impact Assessment
Requirements; Criteria for determining activities which require an EIA certificate; Recognition
of Environmental Impact Assessment Experts or Firms; Public hearing; Monitoring; Information requirements; Environmental Report; Environmental Audit; and Cost Bear.
Part Ten: This part is for Strategic Environmental Assessment comprises of two Sections of
48 and 49, which deals with the Strategic Environmental Assessment; and the Role of the
Director of the Environment in developing Strategic Environmental Assessment.
Part Eleven: This part deals with Pollution Prevention and Waste Management. It contains
eleven Sections from Section 50 to 60 related to Environmental Standards; Prohibition of
Pollution; Prohibition of dumping into marine area; Solid Waste and Waste Water Management; Prohibition of Destruct or Disposal of unfit products; Monitoring and Inspections; Hazardous waste; Hazardous Substance; Medical waste; Exploration, exploitation or transportation of Oil or Gas; and Oil Spills or Gas leakage.
Part Twelve: This part is for Conservation of Biodiversity and Management of Water Resources. It comprises of five Sections of 61 and 65 on Declaration of Protected Areas; Management of the Protected Areas; Guidelines for Conservation of Biodiversity; Prohibition of
Biodiversity; and Management of water resource.
Part Thirteen: This part is for Climate Change Governance, which is constituted of four
Sections of 66 and 69. The Sections of this part is for Climate Change Implementing Entity;
and Establishment of Climate Change Committees; composition and functions of climate change
steering Committee; composition and functions of Technical committee.
Part Fourteen: This part of the Act is deal with Financial Provisions, which contains of five
Sections of 70 and 74. The five Sections are for Funds of the Authority; sources of the Funds
; uses of the Funds and Revenue of the Authority; Establishment of Zanzibar Environmental
Fund; and Uses of the Money of the Fund.
Part Fifteen: This Section is for offences and penalties constituted of seven Sections of 75 to
81, which describes of Offences Regarding Authorized Officers; Offence related to Failure to
Observe Stop Order; Compounding Offences; Repeating or continuing offence; Offences for
attempting to commit an offence; General Penalty; and General Provisions Relating to
Penalties.
Part Sixteen: This part is for Miscellaneous Provisions comprises of six Sections of 82 and
87 to deals with designation and powers of an Authorized offices; Immunity; Environmental
Prosecutor; Power of the Minister to prohibit; Power to Make Regulations; and Repeal and
Saving.
....
FATMA ABDULHABIB FEREJ
MINISTER OF STATE,
THE FIRST VICE
29 PRESIDENT'S OFFICE,
ZANZIBAR