Skip to document content Skip to main menu Skip to search

Environmental Management (Environmental Inspectors) Regulations, 2011

Government Notice 335 of 2011

Environmental Management (Environmental Inspectors) Regulations, 2011
This is the latest version of this Government Notice.
Citation
Government Notice 335 of 2011
Primary work
National Environmental Management Act
Date
30 September 2011
Language
English
Publication
Download PDF (2.0 MB)
Collections
Ask AI
Ask questions and understand this document faster using AI.
Skip to document content
Tanzania
National Environmental Management Act

Environmental Management (Environmental Inspectors) Regulations, 2011

Government Notice 335 of 2011

[Made under sections 230(2)(s)]

Part I – Preminary provision

1. Citation

These Regulations may be cited as the Environmental Management (Environmental Inspectors) Regulations, 2011.

2. Application

These Regulations shall apply to environmental inspectors appointed or designated by the Minister under the Act.

3. Interpretation

In these Regulations, unless the context requires otherwise—“Act” means the Environmental Management Act;[Cap. 191]“compliance” is the full implementation of the environmental requirements;“Council” means the National Environment Management Council;“Director” means the Director of Environment;“Director-General” means the Director-General of the National Environment Management Council;“enforcement” means the set of actions that Government or the public take to compel or encourage compliance within the regulated community, and to correct or halt situations that endanger the environment or public health;“environment” includes the physical factors of the surroundings of human beings including air land, water, climate, sound, odour, taste, microorganism, the biological factors of animal and plants, cultural resources and the social economic factor of aesthetics and includes both the natural and built environment and the way they interact,“Environmental Inspector” means an inspector appointed or designated pursuant to section 182 of the Act;“environmental inspection” means a systematic examination of an establishment or facility or premises to assess its environmental performance and compliance status;"Minister" means the Minister responsible for matters relating to the environment;“person” includes both natural and legal entities;“public” means individuals, civil society organisations and institutions, community based organizations, public and private institutions; and“standard” means the limits of discharge or emissions established under the Act, regulations or any other written law.

Part II – Objectives

4. Objectives of the Regulations

the objective of these Regulations is to—
(a)provide procedures and guidelines to be followed by all Environmental inspectors in every inspection activity;
(b)ensure compliance of requirements and environmental quality standards stipulated by the Environmental Management Act and regulations made there under;
(c)ensure implementation of all requirements stipulated under the Act, regulations or any other written law that is likely to have effect on the management, conservation and enhancement of the environment or sustainable management of natural resources;
(d)promote compliance and enforcement through education and awareness programmes, provision of information, technical assistance and incentive schemes;
(e)encourage voluntary compliance through behaviour change required to achieve optimum compliance;
(f)empower the environmental inspector to take legal action where necessary to compel compliance and impose sanctions for non-compliance; and
(g)provide for professional or ethical conduct and disciplinary actions applicable to environmental inspectors.

Part II – Appointment and designation of environmental inspectors

5. Appointment of environmental inspectors

There shall be appointed, or designated by the Minister, environmental inspectors as prescribed in the Act.

6. Consultation with relevant Ministries on designation

The Minister may where he deems necessary consult with relevant Ministries in the cause of designating or appointing environmental inspectors before their appointment.

7. Publication of names of environmental inspectors

The Minister shall publish in the Gazette the names or category of officers appointed or designated as environmental inspectors.

8. Register of environmental inspectors

The Director of Environment shall maintain up to date Register in which the name of any person appointed or designated as an environmental inspector shall be entered.

Part IV – Power of environmental inspectors

9. Powers of environmental inspectors

(1)Environmental inspectors shall exercise such powers as stipulated in the Act.
(2)Any person who is required by an environmental inspector to take action under subsection (1) shall immediately comply with the request.

10. Environmental inspector to cause a police officer to arrest offenders

An environmental inspector may, in the performance of his duties under the Act, with reasonable grounds, cause a police officer to arrest any person whom he believes has committed an offence under the Act on regulations made there under.

11. Powers to issue emergency protection orders

An environmental inspector may, in the performance of his duties, issue emergency protection orders as prescribed under the Act.

Part V – Conducting of environmental inspection

12. Purpose of environmental inspection

The purpose of environmental inspection shall be to—
(a)promote a behaviour of complying voluntarily with requirements of the Act or regulations made there under;
(b)identify environmental problems and their sources and provide mitigation measures;
(c)ensure that records and self-monitoring data collected at a facility arc prepared and kept as required by the Act;
(d)verify the adequacy sampling and monitoring conducted by a facility as required by the Act;
(e)verify the accuracy of information submitted by a facility as required by the Act or regulations made there under;
(f)ensure that pollution control systems in a facility are working properly;
(g)obtain information that is acquired to assess whether a facility is complying with the requirements of the Act; and
(h)ensure that where compliance orders, licence or permit conditions issued to a facility arc complied with.

13. Environmental inspection procedures

(1)The Minister may from time to time issue guidelines, manuals or orders to facilitate effective implementation of these Regulations.
(2)Without prejudice to subregulation (1), the Council may prepare guidelines, and manuals, for:
(a)carrying out of environmental monitoring and inspection;
(b)carrying out environmental investigation;
(c)collecting evidence and samples;
(d)enforcement;
(e)environmental monitoring tools for the environmental inspection; and
(f)specific procedures for environmental inspectors.

14. Use of check list during environmental inspection

(1)An environmental inspector shall use the check list prescribed by the Council for each category of facility to be inspected as contained in the National Site Specific Inspection Procedure Manual.
(2)The Council shall prescribe such checklist for use during environmental inspection and regularly update the National Site Specific Inspection Procedure Manual.

15. Instructions from the Council to environmental inspectors

The Council may where it deems necessary give instructions to environmental inspectors on the type of information that shall be reviewed before conducting an inspection or during the preparation for an inspection.

16. Steps to be followed by environmental inspectors upon arrival at a facility for inspection

(1)An environmental inspector shall upon arrival at a facility for carrying out an inspection—
(a)establish that his entry to a facility, establishment or premises for inspection is legal;
(b)introduce himself and present official credentials to the responsible officer;
(c)explain powers of an environmental inspector as provided in the Environmental Management Act or Regulations made there under;
(d)record his arrival at a facility in a field notebook noting the date, time, names and titles of facility personnel encounters; and
(e)sign in a passbook or visitor’s book at a facility where it is used by a facility to keep a record of visitors to the facility;
(2)An environmental inspector shall not sign a waiver or any other legal documents that limit the liability of the facility, establishment or premises in the event of an accident.
(3)Environmental inspector shall not sign legal documents limiting his right or the liability of the owner while the environmental inspection is going on.

17. Consent by owner or manager of a facility, establishment or premise for inspection

(1)The environmental inspector shall get consent of access from the owner or officer in charge of a facility, establishment or premises before conducting environmental inspection.
(2)Where the consent to inspect is withdrawn by the owner or officer in charge of a facility any segment of an inspection that was completed before such withdrawal remains valid.
(3)Withdrawal of consent to inspect shall be considered to be a refusal of entry.
(4)Where the owner or an officer in charge of a facility limits an access to some portions of the facility during inspection it shall be considered to be denying an environmental inspector an access to inspect the facility.

18. Action to be taken on denial of access to inspect a facility/ establishment/ premises

(1)an environmental inspector who has been denied access to enter and inspect a facility, establishment or premises in accordance with the Act or regulations shall fill in a denial form in accordance with Form No. 1 specified in the First Schedule to these Regulations.
(2)In such an event of denial of access to an environmental inspector to inspect a facility, establishment or premises, the environmental inspector shall apply for a warrant compelling the owner or an officer in charge of facility to give access to enter and carry out environmental inspection.
(3)The environmental inspector may be accompanied by a police officer where it is deemed necessary.

19. Reconnaissance environmental inspection

(1)An environmental inspector may where appropriate undertake a reconnaissance walk-through inspection of a facility, establishment or premises in order to—
(a)check whether pollution control equipments are in place;
(b)observe operational practices in the facility, and
(c)check whether records required under the Act or any other written law for sustainable management of the environment are kept properly;
(2)an environmental inspector shall after completion of a walk-through inspection prepare a report make recommendation where it is deemed necessary.

20. Environmental compliance assessment inspection

(1)A more thorough and detailed environmental compliance assessment inspection of a facility shall be carried out as a follow-up to a reconnaissance environmental inspection whenever it is deemed necessary to check compliance with environmental parameters set out for the facility or to verify self-monitoring or audit reports.
(2)An environmental inspector in carrying out a compliance assessment inspection shall—
(a)conduct a more detailed assessment of records and operational processes in a facility;
(b)make visual observation and evaluate treatment facilities, laboratories, effluents and receiving waters;
(c)interview staff working in a facility; and
(d)follow all the procedures applied in conducting a reconnaissance environmental inspection.
(3)An environmental compliance assessment may be carried out where a member of the public petitions to the Council cause such an inspection to be undertaken.

21. Environmental sampling inspection

(1)An environmental sampling inspection may be carried out in any facility independently or as a follow up to an environmental reconnaissance inspection or environmental compliance assessment inspection.
(2)A team of environmental inspector in carrying out an environmental sampling inspection shall—
(a)evaluate the facility self-monitoring programme;
(b)verify facility reported date and compliance through a records check;
(c)evaluate facility procedures for—
(i)sample collection;
(ii)flow measurement
(iii)chain of custody;
(iv)laboratory analyses;
(v)data compilation;
(vi)data reporting;
(vii)personell competence; and
(viii)any other aspect related to self-monitoring.
(3)Environmental inspectors may order the facility personnel to perform the self-monitoring process from sample collection flow measurement, laboratory analysis, data workup and reporting in their presence.
(4)Environmental inspectors where deem it necessary to check compliance with environmental parameters shall require the personnel of a facility to analyse performance samples for purposes of laboratory evaluation.

22. Integrated environmental inspection

(1)An integrated environmental inspection shall be carried out by the Council in collaboration with other regulatory authorities who have a legal mandate over the facility, establishment or premises whenever the Council deems it necessary to check compliance with the environmental parameters set out for the facility or the verify self monitoring or audit reports.
(2)A team of environmental inspectors in carrying out an integrated environmental inspection shall—
(a)evaluate the facility self-monitoring programme;
(b)verify facility reported data and compliance through a records check;
(c)evaluate facility procedures for—
(i)sample collection;
(ii)flow measurement;
(iii)cain of custody;
(iv)laboratory analyses;
(v)data compilation;
(vi)data reporting;
(vii)personell competence; and
(viii)any other aspect related to self-monitoring.
(3)An environmental inspector may order the facility personnel to perform the self-monitoring process from sample collection, flow measurement, laboratory analysis, data workup and reporting in his presence.
(4)The environmental inspector where he deems it necessary to check compliance with environmental parameters shall require the personnel of a facility to analyse performance samples for purposes of laboratory evaluation.

23. Environmental monitoring

(1)An environmental inspector may, before entering upon any land, premises, establishment or facility for the purposes of monitoring the effects upon the environment of any activities carried out on that land, premises or establishment or facility give notice to the owner or an officer in-charge.
(2)an environmental inspector may, upon giving a notice required under sub-regulation (1), enter into any land or premises for purposes of determining how far the activities carried out on that land or premises conform with the Environmental Impact Statement.

24. Environmental reports

(1)An environmental inspector shall immediately after inspection prepare an inspection report in the format contained in the National Environment Investigation Manual.
(2)An environmental inspector shall immediately after inspection made under sub-regulation (1), issue appropriate notices and orders where it deems necessary.
(3)An environmental inspection report shall be prepared in accordance with the format specified in the guidelines issued under these Regulations.

25. Escort by police or local government official during environmental inspection

An environmental inspector may seek escort of police or local government authority official in charge of the area where he is in danger or likely to face danger or harm from an owner, employees or officer in-charge of a facility subject for inspection.

Part VI – Conduct of environmental inspectors

26. Jurisdictional limits of an environmental inspector

(1)An environmental inspector shall inspect facilities within his area of jurisdiction.
(2)Notwithstanding sub-regulation (1), the Minister, Director General of the Council may authorize an environmental inspector to carry out inspection outside his area of jurisdiction.

27. Courteous behaviour and respect by an environmental inspector

(1)An environmental inspector shall in carrying out his duties conduct himself in courteous and respectful manner to owners, workers and other people at a facility which is inspecting.
(2)In carrying our his duties an environmental inspector shall not use intimidating, foul or threatening language.

28. Ethical conducts

In order to avoid conflict of interest and inappropriate or being misunderstood, an environmental inspector is prohibited from receiving gifts or other types of hospitality or inducement from the facility, owner or employee in terms of money or products of the facility, transport, lift in vehicles belonging to or hired by the facility.

Part VII – General provisions

29. Compliance with the Act, regulations and standards

In carrying out an environmental inspection, the environmental inspector shall comply with under regulations, standards, guidelines and manuals made under the Act and such other international standards and environmental inspection procedures as may be prescribed by the Council.

30. Offences in relation to environmental inspection

A person who contravenes a measure prescribed under these regulations for which no other offence is specifically provided shall be liable on conviction to fine of not less than five hundred thousand shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than six months but and not more than five years.

31. Offences in relation to environmental inspectors

It shall be an offence for any person who—
(a)hinders or obstructs an environmental inspector in the execution of his duties; or
(b)fails to comply with a lawful order or requirements made by any environmental inspector; or
(c)refuses an environmental inspector to enter up on any land or premises which he is empowered to enter by this Act or Regulations made thereunder;
(d)impersonates an environmental inspector;
(e)refuses an environmental inspector an access to records kept in accordance with the procedures made under this Act or Regulations;
(f)fails to state or wrongly states his name or address to an environmental inspector in the course of his duties; or
(g)misleads or gives wrong information to an environmental inspector;
commits an offence and is liable on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding seven years or to both.

32. Compounding of offences

(1)The Director General or an environmental inspector may, subject to the provisions of the Act, compound any offence under these Regulations to any person to pay sum of money as penalty for contravening the provisions of these Regulations.
(2)Subject to the provisions of these Regulations, authorising any measure that may be taken in addition to a fine that may otherwise be taken pursuant to an order of the Tribunal or court, there shall be no further criminal or, as the case may be, civil proceedings to be taken against a person in respect of whom powers to compound offence has been exercised.

33. Dity to keep records

The owner or officer in charge of a facility shall keep all records that are required for environmental management and produce them for inspection by environmental inspector when carrying out an environmental inspection.

34. Appeals

(1)A person aggrieved by any decision of an environmental inspector may appeal within thirty days to the Minister.
(2)Where a person is not satisfied with the decision of the Minister may appeal in accordance with the provisions of the Act.

35. Registers

The Director General of the Council shall keep all registers of all environmental inspections carried out and orders made by environmental inspectors.

36. Minister may amend Schedules

The Minister may amend any schedules to these Regulations.

First schedule (made under regulation 18)

Forms

History of this document

30 September 2011 this version
Commenced
26 July 2011
Assented to
▲ To the top