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CLOSE THIS BOOKEnvironmental Impacts of Small Scale Mining (CEEST, 1996, 62 p.)
VIEW THE DOCUMENT(introduction...)
VIEW THE DOCUMENTList of Abbreviations
VIEW THE DOCUMENTPreface
VIEW THE DOCUMENTExecutive Summary
1. Introduction
2. Artisanal Mining Activities
3. Artisanal Gold Mining
4. Small Scale Gemstone Mining
5. Environmental Legislation
6. Training in Environmental Issues
VIEW THE DOCUMENTAppendix I: Trip Notes
VIEW THE DOCUMENTAppendix II: The NEMC (1983) Act
VIEW THE DOCUMENTAppendix III: Toxicity of Metals
VIEW THE DOCUMENTAppendix IV: Scope of Work and Methodology
VIEW THE DOCUMENTAppendix V: List of Persons Met
VIEW THE DOCUMENTBack Cover

Appendix II: The NEMC (1983) Act

The following has been extracted from the Act No. 19 that established the National Environment Management Council (NEMC) which was enacted by an Act of Parliament on 16 July 1983. Under part II: Functions of the Council4. These excerpts, taken from the National Environment Management Council (1983) Act show the functions and powers NEMC has been vested with - and which have relevance to this study.

4The full text can be provided upon request.

Part I of the NEMC Act is the "Preliminary" part of the Act which provides a description of the terms used, part of the terms relevant to this study are provided below.

...' 2. In this Act, unless the context otherwise requires:-

"beneficial" means the use of the environment or of any part thereof that is conducive to human benefit, welfare, safety and health;

... "the Council" means the National Environmental Management Council...;

... "conservation " means any act or a combination of acts, processes or procedures aimed at the protection, development and control of the environment, or the elimination, minimization or prevention of harm to the environment as a result of biological, chemical, economic, physical or social developmental activity;

... "environment" means the land, water and atmosphere of the earth;

... "pollution" means any direct or indirect contamination or alteration of any part of the environment so as:-

(a) to affect any beneficial use adversely; or

(b) to cause a condition that is detrimental or hazardous or likely to be detrimental or hazardous to:-

(i) human health, safety or welfare;
(ii) animals, plants or microbes; or
(iii) property

Caused by emitting anything.

The functions of NEMC are listed under Part II; excerpts from which read as follows:-

"... Functions of the Council: -

... 4. The functions of the Council shall be to advise the Government on all matters relating to the environment, and in particular the Council shall:-

a. formulate policy on environmental management and recommend its implementation by the Government;

b. co-ordinate the activities of all bodies concerned with environmental matters and serve as a channel of communication between those bodies and Government;

c. evaluate existing and proposed policies and the activities of the Government directed to control of pollution and the enhancement of the environment and to the accomplishment of other objectives which affect the quality of the environment and, on the basis of that formulate policies and pro-grammes which will achieve more effective management and enhancement environmental quality;

d. recommend measures to ensure that Government polices, including those for the development and conservation of natural resources, take adequate account of environmental pro-grammes;

e. foster co-operation between the Government, local authorities and other bodies engaged in environmental programmes;

f. stimulate public and private participation in programmes and activities for the national beneficial use of natural resources;

g. seek advancement of scientific knowledge of changes in the environment and encourage the development of technology to prevent or minimize adverse effects that endanger man's health and well-being;

h. specify standards, norms and criteria for the protection of beneficial uses and the maintenance of the quality of the environment;

i. establish and operate a system of documentation and dissemination of information relating to the environment;

j. formulate proposals for legislation in the area of environmental issues and recommend their implementation by the Government;

k. establish and maintain liaison in other national and international organisations respect of issues and matters relating of environmental protection and management;

I. undertake or promote general environmental educational programme for the purpose of creating an enlightened public opinion regarding the environment and the role of the public in its protection and improvement;

m. perform such other functions as the Minister may assign to the Council, or as are incidental or conductive to the exercise by the Council of all or any of the preceding functions.

... 4. (3). For the purposes of the better performance of its functions the Council shall establish and maintain a system of collaboration, consultation and cooperation with any person or body of persons established by or under any written law and having junctions related to those specified in subsection (1) or which relate to environmental management or environmental matters generally....

... 5. The Council may, for the purposes of carrying out its functions under this Act, do all such acts as appear to it to be requisite, advantageous or convenient for or in connection with the carrying oat of those functions or to be incidental to their proper performance and may carry on any activities in that behalf either alone or in association with any other person or body of persons.

Further down, under Part II of the NEMC Act, it is clearly stipulated that the Council may seek environmental-related information from concerned person or body of persons (as quoted below).

...11. (1) The Council may require in writing any person or body of persons engaged in research, or engaged in an activity effecting or relating to the environment within Tanzania, to furnish to it such information relating to that research or activity as the Council may specify.

(2) Every person or body of persons which is required to furnish information under subsection (1) shall comply with the requirement and any person or body of persons which refuses or fails to comply with that requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand shillings.

Under the Financial Provisions Part III of the NEMC Act, the Council can seek funds from various funding sources as shown below.

...13. (1) The funds and resources of the Council shall consist of:-

a. such sums as may be provided for that purposes to the Council by Parliament, either by way of grant or loan;

b. such donations, grants, bequests and loans as the Council may, from time to time receive from any person or organisation;

c. any sums or property which may vest in the Council under this Act or any other written law or which may vest in the Council in any other manner in the performance of its functions.

(2) The funds and resources of the Council shall be applied for the purposes for which the Council is established under this Act.

The Minister of the Ministry to which NEMC belongs as a subsidiary5 has powers to impose duty to any person or body of persons benefitting from the activities of the Council. Part III of the Act, (no. 15 - as shown below - NEMC has powers to charge fees for any service rendered by it or any of its committees (e.g. the EIAs).

5NEMC falls under the Division of Environment, which was formerly part of the Ministry of Tourism, Natural Resources, and Environment. However, in 1995, following a Government decision, the Ministry of Tourism, Natural Resources and Environment has been divided into the Ministry of Tourism and Natural Resources; and the Division of Environment shifted the Prime Minister's Office.

...14.

(1) If the Minister considers it necessary in the public interest he may, after consultation with the Minister for the time being responsible for finance, by order published in the Gazette, impose a duty payable to the council by any person or body of persons benefiting from the activities of the council or whose activities affect the activities of the Council, and every such person or body of persons specified in the Order, shall take all necessary measures to pay to the Council such amount of duty and in such manner as may be specified in the order.




(2) Every amount of duty required to be paid under subsection (1) shall be paid by the specified person or body of persons, and the amount so pay able shall be a debt due to the Council and may be recovered from the specified person or body of persons as a civil debt by a suit at the instance of the Director-General or any person authorised by him in that behalf.




(3) Where any amount of duty is due form any specified person or body or persons, the Director-General may file in a court of a Resident Magistrate having jurisdiction over the area in which the specified person or body of persons are on business, a certificate stating:-






a. the name and address of the specified person or body of person form whom the amount is due; and






b. the amount due, and upon the certificate being lodged in court the certificate shall be deemed to be a plaint duty lodged under Order XXXV of the Civil Procedure Code 1966, and the court shall proceed in the matter in accordance with the provision, of that Order, and in the event of a judgement being given in favour of the plaintiff the court shall pass a decree for payment by the defendant to the Council of the amount found due together with interest on that amount at five per centum per month form the date on which the certificate was filed until payment.




(4) The provisions of subsection (3) shall apply notwithstanding that the amount involved exceeds the pecuniary jurisdiction of a court of a Resident Magistrate.




(5) Every certificate filed in a court of Resident Magistrate pursuant to the provisions of subsection (3) shall, unless the contrary is proved, be conclusive evidence of the truth of the statements contained in that certificate.



15.

For the purpose of the better and proper performance of its functions the Council may, subject of any directions which the Minister may give in that behalf, charge fees for any services rendered by it or by any of its committees.

Section 3 (2) of the Schedule, the Minister can appoint members who could assist in the realization of the Council's objectives as quoted below:-

... 1. The Council shall consist of:-

a. a Chairman, who shall be appointed by the President;

b. fifteen members appointed by the Minister upon nomination; one each of such Ministries and organisations involved in matters relating to the management or protection of the environment as the Minister may determine;

c. three other members appointed by the Minister from amongst persons, who, in his opinion, have the necessary experience in make a useful contribution to the realization of, and to the deliberations of the Council.


Figure 16: Organization Plan for the National Environmental Management Council (NEMC)

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