Tanzania: Select mangrove laws

A variety of laws impact mangrove management and protection in Tanzania. Some are highlighted below.

Mining Act (No. 14 of 2010), Article 95(1)(c)(requirements for mining in reserved areas)

Wildlife Conservation Act (No. 5 of 2009), Articles 5(obligations towards wetlands), 16(establishment, management of wetlands reserve and wetlands area), 22-24(special wildlife protection areas), as well as articles related to restrictions designed to protect flora and fauna, including Article 15, 18-19, and 20-21

Water Resources Management Act (No. 11 of 2009), Articles 4-5(principles of water resources management), 10(water resources fall within the public trust), 7 and 39(obligations to protect water resources), 34 and 40-42(use restrictions for water sources, polluter pays principle), 32 and 37-38 (classification of water resources)

Land Use Planning Act (No. 10 of 2007), Article 46(authorization to reserve and maintain wetlands)

Environmental Management Act (No. 20 of 2004), Article 4-6(environmental rights and obligations), 55(2) and 56(4)(requiring permits for certain activities in wetlands), 54 and 56(classification of wetlands), 57(protections for littoral and riparian areas), 64(government  obligations) 

Fisheries Act (No. 22 of 2003), Part IV(aquaculture), Part V(management of fishing industry); Articles 11(aquaculture must be ecologically sustainable), 19 and 45(ban on foreign fishing in territorial waters)

Forest Act (No. 10 of 2002), Articles 3(2)(mangroves defined as sensitive areas; EIA requirements), 4 and 65(forest reserve classifications), and 26, 49, 55, 58, 63, 66 (restrictions in forest reserves)

Land Act (No. 4 of 1999), Article 7 (authorization to declare mangroves hazardous land subject to government compulsory acquisition)

Village Land Act (No. 5 of 1999), Article 6(authorization to declare mangroves hazardous land)

Plant Protection Act No.13 of 1997, Articles 3-4(obligation to destroy invasive water hyacinths)

Marine Parks and Reserves Act (No. 29 of 1994), Articles 14(management of marine parks), and articles related to use restrictions, including Articles 13(3), 22, 24, and Article 18(3)(use restriction exemptions for nearby residents, others)

1981 Amendment to the Water Utilization (Control and Regulation) Act, Articles 7(declaring areas of land water basins), 15(bans unauthorized discharge of effluents into water), and A4 IV(recognizing dangers involved in depositing radioactive waste into water bodies)

Constitution of The United Republic of Tanzania, 1977, Articles 9(c)(government obligation to preserve national wealth and heritage), 14(right to life), 27(1) and 29-30(duty to safeguard national resources and public property)

Water Utilization (Control and Regulation) Act, No.42 of 1974, Articles 14(use restrictions for water), 19-26(water use rights subject to revocation and other government intervention)

National Parks Act (No. 12 of 1959), Articles related to use restrictions and national park management including 16-17, 22, 23.

 

Date of the Resource: 
2020
Countries and Regions: Sub-Saharan Africa Tanzania
Resource Type: Laws
Resource Topic: Wetlands Mangroves
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