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Tanzania
National Environmental Management Act
Environmental Management (Control of Ozone Depleting Substances and Hydrofluorocarbons) Regulations, 2022
Government Notice 581 of 2022
- Published in Gazette of the United Republic of Tanzania on 23 September 2022
- Assented to on 22 September 2022
- Commenced on 23 September 2022
- [This is the version of this document from 23 September 2022.]
Part I – Preliminary provisions
1. Citation
These Regulations may be cited as the Environmental Management (Control of Ozone Depleting Substances and Hydrofluorocarbons) Regulations, 2022.2. Application
These Regulations shall apply to—3. Interpretation
In these Regulations, unless the context requires otherwise—“Act” means Environmental Management Act;[Cap. 191]“Chemical Inspector” means an inspector appointed pursuant to section 36 of the Industrial and Consumer Chemicals (Management and Control) Act;[Cap. 182]“Chlorofluorocarbon” also known in its acronym as “CFC” means a fully halogenated chlorofluorocarbon each molecule of which contains one, two or three carbon atoms;“controlled product” means a product that contains, or is made with or is dependent on, or designed to contain chemical substances that have the potential to destroy ozone molecules in the stratosphere and includes the products in the First Schedule;“controlled substance” means a substance specified in the Second and Third Schedule, whether existing alone or in a mixture, and includes that substance when reclaimed, recycled or recovered unless otherwise indicated;“customs area” means an area designated as a customs controlled area by the Minister under section 12(1)(b) of the East African Community Customs Management Act, 2004 (Rev. 2019);“Director” means a Director of Environment appointed pursuant to section 14 of the Act;[Cap. 191]“end-user” means any person who purchases, receives and uses controlled substance or product such as refrigeration and air conditioning services workshop;“environmental inspector” shall have the meaning ascribed to it under the Act;“global warming potential” in respect of a controlled substance, means the total contribution to global warming resulting from the emission of one unit of that gas relative to one unit of the reference gas, carbon dioxide, which is assigned a value of 1;“hydrofluorocarbons” also known in its acronym as “HFCs” in respect of controlled substance, refers to super greenhouse gases or compounds consisting of hydrogen, fluorine, and carbon atoms, manufactured for use in refrigeration, air conditioning, foam blowing, aerosols, fire protection and solvents;“Kigali Amendment” means an amendment on phasing down hydrofluorocarbons (HFCs) to the Protocol;“licensed Person” means person licensed to service air Conditioning or refrigeration equipment or a motor vehicle air Conditioner containing controlled substances and other products controlled under these Regulations“Minister” means the Minister responsible for matters relating to the environment;“ozone layer” means the layer of the atmospheric zone above the planetary boundary layer;“party” means any State that has ratified or acceded to the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987;“permit” means permission to import or export or manufacture a controlled substance or product issued under these Regulations;“phase down” means gradual reduction or a planned decrease of production and use of substances or product;“prohibition dates” means the period stipulated in the phase out schedules of the Protocol;“Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987;“reclaimed” in respect of a controlled substance, means recovered, re-processed and up-graded through a process such as filtering, drying, distillation and chemical treatment in order to restore the controlled substance to industry accepted reuse standards;“recovered” in respect of a controlled substance means—(a)collected after has been used; or(b)collected from machinery, equipment or a container during servicing or before the disposal of the machinery equipment or container;“recycle” in respect of a controlled substance, means recovered, reclaimed by a process such as filtering, drying including reusing to recharge equipment;“Registrar of Chemicals” means Registrar of Chemicals appointed pursuant to section 9 of the Industrial and Consumer Chemicals (Management and Control) Act.[Cap. 182]4. Objection
The object for these Regulations is to—Part II – Prohibitions on controlled substances or products
5. Prohibitions on ozone depleting substances and hydrofluorocarbons
6. Duty to comply with Regulations
7. Prohibition dates for controlled substances
8. Control of certain import
9. Prohibition on use of halons
10. National Ozone Unit
Part III – Compliance and enforcement
11. Powers of chemical inspectors
A chemical inspector shall exercise the powers with respect to controlled substances under Industrial and Consumer Chemicals (Management and Control) Act.[Cap. 182]12. Powers of environmental inspectors
An environmental inspector shall exercise the powers conferred upon him under the Act and the Regulations made thereunder.13. Offences relating to chemical or environmental inspector
A person who—14. Emergency protection order
15. Role of environmental management officers
Sector Environmental Coordinator shall—16. Role of Regional Environment Management Expert
The Regional Environment Management Expert shall—17. Role of city environmental management office, etc
The city Environment Management Officer, the Municipal Environment Management officer, the District Environmental Management officer and the Town Environment Management officer shall—18 Quantity and quality of imports or exports
19. Application for permit
20. Adequacy of facilities before permit is issued
21. Records of controlled substances
22. Records of controlled products
23. Duty to maintain records
24. Customs verification and labelling
25. Public awareness and training
26. Incentives for phasing down and phasing out
The Minister in consultation with the minister responsible for finance may make rules on economic instruments prescribing economic instruments and tax incentives for phasing down and phasing out controlled substances and products.27. Responsibilities of Customs Officer
Customs Officer shall have powers to—28. Keeping abreast with technological changes
The National Ozone Unit either alone or in collaboration with relevant stakeholders shall closely follow developments in technology and techniques for reducing reliance on controlled substances and products.29. Duty to disclose Information
Part IV – Serving of products containing controlled substances
30. Servicing products containing controlled substances
31. Qualifications to service products containing controlled substances
A person shall not service products prescribed in the first Schedule unless he—32. Duties of business owners
person who own business of servicing products prescribed in the First Schedule shall ensure that their respective employees meet qualifications provided under Regulation 31.Part V – Disposal of equipment containing controlled substances
33. Disposal of equipment containing controlled substances
Part VI – Miscellaneous provisions
34. Offence by body corporate
35. Orders of court
A court convicting a person for an offence under these Regulations may, in addition to the penalty prescribed in these Regulations order that,36. Appeals
A person aggrieved by any decision made under these Regulations may appeal in accordance with the provisions of the Act.37. Revocation of GN. No. 240 of 2007
The Environmental Management (Control of Ozone Depleting Substance) Regulations, 2007 is hereby revokedHistory of this document
23 September 2022 this version
22 September 2022
Assented to