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E492 Vol. 2
UNITED REPUBLIC OF TANZANIA
MINISTRY OF WATER & LIVESTOCK DEVELOPMENT
Environmental Assessment (EA) Report
for
Rural Water Supply & Sanitation Project (RWSSP)
RUFIJI DISTRICT
A.M.L.AKO Senior Associate Consultant (Environment & Natural
Resource) SERVICE PLAN L TD P.O. Box 33165, Oar Es Salaam. Tel:
72394 Fax: 2700133 E-mail: [email protected]
March 2001
FILE COpy
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TABLE OF CONTENTS
LIST OF ABREVIATIONS & ACRONYMS
.................................................................
III
EXECUTIVE SUMMARY ...
........................................................................................
V
1.0 INTRODUCTION
........................................................................................
1
1.1 General
.......................................................................................................
1
1.2 The Study Area
...........................................................................................
1
1.3 Purpose and Objectives of The Study
........................................................ 2
1.4 Scope and Limitations
................................................................................
3
1.5 General Approach & Methodology
..............................................................
3
1.5.1 General Approach
......................................................................................
3
1.5.2 Methodology
...............................................................................................
4
2.0 POLICY, LEGISLATION, INSTITUTIONAL & REGULATORY
FRAMEWORK
............................................................................................
6
2.1 Policy
..........................................................................................................
6
2.2 Legislation in Tanzania
...............................................................................
9
2.3 International Treaties & Agreements
........................................................ 15
2.4 Standards Governing Water Quality
......................................................... 18
2.5 EA Requirements and GOT Capacity to handle EIA
................................ 21
2.6 Institutional Needs and Capability
..................................................... .......
25
3.0 PROJECT DESCRIPTION
.......................................................................
28
4.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENT
.................... 32
4.1 BIOPHYSICAL ENVIRONMENT
..............................................................
32
4.2 SOCIO-ECONOMIC ENViRONMENT
...................................................... 36
5.0 POTENTIAL COMMUNITY SUB-PRPJECTS AND THEIR ENVIRONMENTAL
IMPACTS
..................................................................
40
5.1 Potential Community Sub-Projects
........................................................... 40
5.2 Environmental Impacts
.............................................................................
40
6.0 MITIGATION AND TRAINING PLAN
....................................................... .43
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6.1 Mitigation Plan
..........................................................................................
43
6.2 Training Plan
............................................................................................
45
7.0 ENVIRONMENTAL MONITORING AND CHECKLIST OF MONITORING
INDICATORS
...........................................................................................
49
7.1 Monitoring Plan .............................. ERRORI
BOOKMARK NOT DEFINED.
7.2 Monitoring Indicators ..................... ERRORI BOOKMARK
NOT DEFINED.
LIST OF TABLES
TABLE 1: EA CHECKLIST FOR COMMUNITY SUB-PROJECTS
.......................... 42 TABLE 2: PROPOSED MITIGATION PLANS
......................................................... 43 TABLE
3: PROPOSED TRAINING PLAN
.............................................................. .48
TABLE 4: CHECKLIST OF MONITORING INDICATORS
...................................... 50
LIST OF MAPS
FIG 1: THE MAP OF RUFIJI DISTRICT -RURAL ROADS AND VILLAGE
CENTRES
.....................................................................................................
5
FIG. 2: MAP OF RUFIJI DISTRICT-AGRO-ECONOMIC ZONES
.......................... 31 FIG. 3: THE MAP OF RUFIJI
DISTRICT-LAND USE AND VEGETATION
COVER
.......................................................................................................
39
LIST OF APPENDICES
APPENDIX I: REFERENCES
............................................................................
52 APPENDIX 11: SUMMARY OF VILLAGE BASELINE INFORMATION
............... 55 APPENDIX Ill: WATER SUPPLY STATUS FOR TEN
SELECTED VILLAGES
OF RUFIJI DISTRICT
.................................................................
68 APPENDIX IV: WATER QUALITY DATA FOR SOME SELECTED VILLAGES
OF
RUFIJI DISTRICT
.......................................................................
69 APPENDIX V: LIST OF AUTHORITIES CONTACTED DURING THE STUDY .. 74
APPENDIX VII: TERMS OF REFERENCE.
.......................................................... 75
APPENDIX VII: THE NAMES OF CONSULTANT'S TEAM MEMBERS AND
THEIR RESPONSiBILITIES
........................................................ 77
APPENDIX VIII THE CONSULTANT'S CURRICULUM VITAE
............................ 78
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LIST OF ABREVIATIONS & ACRONYMS AfDB = AIDS = ASPS = BAT =
BWB = CBOs = CDOs = CITES = CSPD = CWB = DAWASA = DAWASA = DCs =
DECs = DED = DRDP = DWE = DWR = DWSP = DWSSSF = DWST =
African Developnent Bank Acquired Immunity Deficiency Syndrome
Agricultural Sector Programme Support Best Affordable Technology
Basin Water Board Community Based Organisations Community
Development Officers Convention on International Trade in
Endangered Species of Wild Fauna & Flora Child Survival
Progamme Development Central Water Board Oar Es Salaam Water &
Sewerage Authority Oar Es Salaam Water & Sewerage Authority
District Councils District Environment Committees District
Executive Director District Road Development Project District Water
Engineer Division of Water Resource District Water & Sanitation
Plan District Water Supply & Sanitation Fund District Water
& Sanitation Team
EA = Environmental Assessment EC = European Community EEC =
European Economic Commission EIA = Environmental Impact Assessment
EIS = Environmental Impact Statement EMP = Environmental Management
Plan ESAs = External Suppat Agencies EU = European Union FAO = Food
& Agricultural Organisation GOT = Government of Tanzania HIV =
Human Immune Virus IDA = International Development Association liED
= International Institute for Environment & Development IRA =
Institute of Resource Assessment IUCN = International Union for
Conservation of Nature MCH = Mother & Child Health MECCO =
Mwananchi Engineering Construction Company MEM = Ministry of Energy
& Minerals MOEC = Ministry of Education & Culture MOH =
Ministry of Health MOW = Ministry of Water MWLD = Ministry of Water
& Livestock Development MTNRE = Ministry of Tourism, Natural
Resource & Environment NCSSD = National Consavation Strategy
for Sustainable Development NEAP = National Environment Action Plan
NEMC = National Environment Management Council NEP = National
Environment Policy NGOs = Non-Governmental Organisations NMB =
National Micro-Finance Bank NSPCA = Norwegian Stae Pollution
Control Authority
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NUWA = National Urban Water Authority NUWA = National Urban
Water Authority NWP = National Water Policy NWRC = National Water
Resource Commission NWRMP = National Water Resource Management
Policy O&M = Operation & Maintenance PID = Project
Information Document PO = Partner Organisation PWO = Public Water
Office RBWO = River Basin Water Office REMP = Rufiji Environmental
Management Plan RWD = Rural Water Division RWE = Regional Water
Engineer RWSS = Rural Water Supply & Sanitation RWSSM = Rural
Water Supply & Sanitation Management RWSSP = Rural Water Supply
& Sanitation Proja::t SCAPA = Soil Conservation &
Agroforestry Programme SECAP = Soil Erosion Control &
Agroforestry Programme STD = Sexually Transmitted Disease TAC =
Technical Advisory Committee TAC = Technical Advisory Committee
TANAPA = Tanzania National Parks TASAF = Tanzania Social Action
Fund TBS = Tanzania Bureau of Standards ToR = Terms of Reference UN
= United Nations UNCLOS = United Nations Convention on the Law of
the Sea UNEP = United Nations Environment Programme UNESCO = United
Nations Education, Scientific & Cultural Organisation UNICEF =
United Nations Children Fund VC = Village Chairman VEO = Village
Executive Officer VIP = Ventilated Improved Pit latrine VWCs =
Village Water Committees VWSS = Village Water Supply &
Sanitation WATSAN = Water & Sanitation WBO = Water Basin Office
WEO = Ward Executive Officer WHO = World Health Organisation WLU =
Water Laboratory Unit WRM = Water Resource Management
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EXECUTIVE SUMMARY
1.0 Purpose and Scope of the Project
The intention of the project is to improve water supply,
sanitation & hygiene conditions for the rural communities of
Rufiji district. The district is located about 200 km from Oar Es
Salaam City, on the southern part of Tanzania. The project will
involve rehabilitation and construction of new water supply schemes
in villages and a number of small towns in the district. However,
during the project implementation attention will be given to
sanitation, hygiene and environmental concerns. The project will
also focus on community health, especially promotion of AIDS/HIV
prevention among the rural people through awareness creation and
campaigns.
2.0 Rationale and Methodology for Conducting Environmental
Assessment
(a) Rationale for Environmental Impact Assessment (EIA)
In this project, environmental assessment (EA) study has been
found necessary in order to incorporate environmental issues in the
project design. The aim is to sensitize and create awareness among
the rural communities on environmental matters related to water
supply & sanitation schemes.
The EIA is considered necessary by the Government of Tanzania
(GOT) and the World Bank to facilitate decision-making process and
to ensure that development projects are environmentally sound and
sustainable. The project has been subjected to environmental
screening and considered Category B as per the World Bank's
Operational Directives (OD) 4.00 and its Annexes. Although the
project is expected to have some positive environmental &
social impacts (benefits) some environmental analysis will be
needed to identify any possible negative impacts and propose
appropriate mitigation measures.
In Tanzania EIA is required as a tool for environmental
management, especially at project specific levels. The objective
for carrying out EIA is to integrate environmental management and
economic decisions at earliest stages of project planning. The EIA
also provides an opportunity for involving the public, project
proponents, private sector and government agencies in the
assessment and review of proposed project.
However, the project has not yet identified specific sites for
implementation of its components, and therefore cannot be strictly
assessed under the existing Tanzania EIA procedure. Instead, the
assessment follows a more general approach that incorporates an
overall assessment of programme interventions.
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(b) Methodology
The methodology involved both desk work and field surveys.
During the fieldwork, the Consultant carried out field
observations, informal & formal interviews, and
discussions/meetings with community members including their
leaders, as well as, various authorities at district and national
levels. This provided opportunities to stimulate the concerns of
various stakeholders, as well as, solicit their opinion on the
mitigation measures.
The Consultant also used specially designed biophysical and
socio-economic survey forms for baseline data collection. Again,
whenever necessary water samples were also collected for laboratory
analysis.
3.0 MAIN FINDINGS AND RECOMMENDATIONS
3.1 State of the Environment
3.1.1 Vegetation cover
There is no significant land degradation in most parts of the
district due to low population growth and few agricultural
activities. However, bush fires, shifting cultivation, tree
felling, fuel wood collection and charcoal burning are common
practices associated with land degradation in the district.
Although there is no significant environmental conservation being
undertaken in the district in recent years, the Rufiji
Environmental Management Project (REMP) has been initiated by I
UCN. The programme is mainly concerned with creating environmental
awareness and education among the local people. However, the
programme is focused mainly on mangrove conservation in the Rufiji
delta.
3.3.2 Air Quality
Frequent bush fires and fuel wood burning are the major source
of air pollution in the rural areas. These sources usually produce
smoke containing CO & CO2. However, construction activities is
not expected to have significant contribution to air pollution due
to limited number of equipment and vehicles used on-site.
3.3.3 Ground water potential
The ground water availability is controlled by hydro-geological
characteristics of the project area. The recharge rates are
estimated between 4-5 Us in lowland and 1-4 Us on upper areas
during dry seasons. However, in the southwestern part of the
district the re-charge rate is relatively lower (0-1 Us).
Ground water over-extraction can be one of the possible impact
from the project. However, the impact is not expected to occur due
to small volume of water extracted for domestic purpose. Moreover,
the number of boreholes
VI
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per unit area will be limited and ground water monitoring
systems installed to monitor seasonal fluctuations in water
levels.
3.3.4 Water Quality
(a) Ground water
The assessment of ground water quality indicates most of the
boreholes and shallow wells contain saline water. The salinity
levels usually increase during dry seasons. However, no
bacteriological contamination has been found in water from
boreholes. Nevertheless, it will be important to conduct water
quality analysis for all boreholes and shallow wells to ensure that
there are no bacteriological contaminants.
Again, improper location of well sites in relation to pit
latrines, burial sites could be another potential source of ground
water pollution. Site investigation should be done to carefully
locate well sites by maintaining a distance of not less than 50 m
from pit latrines or burial sites. The boundaries of well sites
should be demarcated and fenced off to avoid encroachment by human
settlements and other activities. The local communities should be
actively involved in well siting.
(b) Surface water
The quality of surface waters is generally poor due to human
activities and trampling by wild animals. Although no laboratory
analysis has been done for surface waters bacteriological
contamination cannot be over-ruled due to high incidence of water
borne diseases in the project area. However, the quality of surface
waters can be improved through filtration or sedimentation and
boiling.
3.3.5 Sanitation & Hygiene
The majority of households in the project area have unlined open
roofed pit latrines with walls made up of coconut leaves. The pit
latrines are not durable and pose a threat to human life as they
usually collapse and overflow, especially during rainfalls.
Sometimes people use pit latrines as bathrooms. However, other
households do not have pit latrines at all and usually help
themselves in a nearby bush, hence increasing chances of disease
transmission.
Most of the households do not have wastewater disposal
facilities and do not boil drinking water or wash their hands. Lack
of adequate water supply, ignorance and taboo has been claimed to
be one of the main reasons for not boiling drinking water. Because
of the prevailing conditions, water borne and sanitary related
diseases are very common in the project area.
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3.2 Policy, Legislation, Regulatory & Institutional
Framework
3.2.1 Policy
The relevant policies that support EA requirements for Tanzania
is the National Environment Policy (NEP) and the National Water
policy (NWP) formulated in 1997 and 2000, respectively. Both
policies recognize the importance of incorporating environmental
consideration in sectoral policies and programs. They also state
that EIA should be carried out for all major development projects
before their commencement and emphasize formulation of guidelines
& specific criteria for conducting EIA. However, findings
indicate that:
• There is no comprehensive legislation to support NEP
implementation in the country.
• The NWP does not clearly state environmental awareness &
education in its policy objective, especially in relation to rural
water supply & sanitation.
• The NWP considers EIA as a mandatory to major water supply
projects but there are no sector guidelines for carrying out EIA
for either urban or rural water supply or river basin
development.
• The policy states that environmental issues will be analyzed
at planning level but it does not give any implementation strategy
to ensure that environmental issues are incorporated in all stage
of water resource development.
In order to rectify the above shortcomings the following policy
recommendations are proposed:
• That environmental awareness & education should be stated
clearly in the NWP objectives. The policy objective should be to
promote water supply, sanitation, environmental awareness and
hygiene education. Another objective should be to promote
environmental conservation and encourage environmentally sound
practices and technologies that minimize vegetation destruction and
water pollution.
• The EIA sectoral guidelines should be formulated. The MOWLD
should establish an Environmental Unit or section responsible for
foreseeing implementation of environmental management plans and
maintain linkage and co-ordination with the Office of the Vice
President through the Environment Division and National Environment
Management Council (NEMC).
• The legislation to support implementation of EIA requirements
in the water sector should be incorporated in the Water Utilization
Act.
V III
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3.2.2 Legislation
The relevant legislation matters of environmental concern are
those related to solid waste management, pollution control,
environmental quality standards, land use, health & safety,
mining, protection of wildlife, sensitive areas, unique flora &
fauna, protection of natural & cultural resources.
However, no comprehensive legislation that enforces
implementation of NEP or that empowers NEMC to make EIA
requirements legally binding. Again, there is no effective
co-ordination and collaboration among environmental and water
related sectors.
It is therefore recommended that:
• There should be a legislation that empowers NEMC to make EIA
mandatory and legally binding.
• There should be a clear statement of institutional
responsibilities and supporting legislation to facilitate
implementation of NEP and reduce duplication of efforts.
3.3 Standards governing Environmental Qualities
The important standards controlling environmental quality are
the national and those developed by the WHO (1993), the European
Union (EU) and the Norwegian Standards,
Findings indicate that sector ministries have legal authority to
regulate environmental quality standards (e.g. through pollution
discharge permits). However, there is a lack of clear system for
co-ordination, implementation or enforcement of legislation and
regulation. This is reflected in the current levels of
environmental performance in the country. It is therefore
recommended that:
• Environmental regulatory capacity and associated institutional
development should be strengthened.
• Regulation of pollution should be based on Polluter Pay
Principle (PPP), and nobody should have a right to pollute
environment. Polluters should give a proof on the effect of their
activities to the environment, that is, whether the activities do
pollute the environment or not.
• Enforcement of the requirements for discharge permits must be
strengthened. However, it should continue to be regulated through
the existing Water Utilization Acts.
• Pollution control and prevention on a system of discharge
permits that focuses on general environmental protection act should
be established. That should cover discharges to water, air
emissions, and noise and waste (solid and liquid wastes)
production.
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• General effluent standards should not be stated in Water
utilization Act, but they should be stated individually in the
discharge permits. It should be specific to actual (industrial)
sector of industry and environmental status of the receiving
waters. Guidelines for effluent standard should be established,
based on the review of existing standards by NEMC
• Contents of an application for discharge permits should be
specified in the regulation and EIA requirements should be
submitted to the relevant authority.
• Pollution control and mitigation measures should be specified
by industries in attending the expected effluent discharge in their
applications for discharges permits.
• The principle of Best Available Technology (BAT) should be
adopted and the concept of Cleaner Production Technology. That
should include procedures for handling of applications, provisions
for notification and public participation, appeals and time
frame.
• Regulations should ensure that relevant authorities and
institutions are contacted.
• There should be a provision for existing industries to apply
for discharge permits in a specified time frame.
• Discharge permits should specify production capacity, raw
materials used, processing chemicals, products and solid waste
disposal.
• Discharge permits should be linked with license or other
permits, specifications of receiving water and municipal sewerage
systems, discharge limits (intermediate if necessary) and time
limit. Other inclusions should involve operating conditions, such
as, the use of Cleaner Production Technologies, leakage control,
minimum water use, etc. Monitoring and Reporting requirements and
procedures should be speCified in the discharge permits, as well
as, improvement program.
• There should be a general condition and right for the relevant
authority to inspect the facilities and monitor the discharges.
There should be a system of permit fee and fees for inspection
should be introduced.
3.4 E A Procedures and GOT Capacity to Handle EA requirements in
the Future.
The EIA requirements in Tanzania are not supported by
comprehensive legislation and no responsible authorities that have
been explicitly designated according to legislation. However, some
sector ministries have included EIA requirements in their sector
laws and regulations. The process of establishing comprehensive
legislation and regulatory frameworks is still going on in the
country.
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The EIA guidelines and procedures developed by NEMC are
comprehensive and cover all those important aspects of environment
and it enforces EIA through sector laws. However, there is no
defined institutional responsibilities for EIA and EIA regulatory
framework exist only in few protected areas such as the national
parks, marine parks and game reserves.
The national capacity for management and implementation of
environmental assessment requirements is still limited. The EIA
regulatory framework still covers only certain sectors. Again, the
capacity to implement recommendations of mitigation and
environmental management is also low within those sectors.
The increasing influence of private sector on the national
development and future enactment of national level EIA legislation
will significantly increase demand for indigenous EIA expertise. It
is therefore recommended that:
• There should be an overall political decision so that general
regulations on EIA are stated in the Environmental or Planning
legislation. The process of enacting legislation should be speeded
up to cope with the rapid economic transformation towards
privatization.
• Provision for EIA should be stated in the Water Laws. The
water policy review and Water Utilization Act should include EIA
requirements for water resource projects.
• The EIA should be mandatory of large-scale water projects and
should be based on investment costs and projects in sensitive
areas.
• The MWLD should develop its own guidelines on EIA to provide
guidance on more specific water related aspects.
• There is a need to build capacity to undertake EIA within the
national institutions including the MWLD.
• The capacity to collect baseline information should be
strengthened within the MWLD.
• Existing sector expertise should be harnessed to improve their
capacity to undertake EIA.
3.5 Institutional Needs and Capability to implement EA
Recommendations
Findings indicate that the existing institutional set-up at all
levels could be adequate for water resource and environmental
management. However, lack of adequate staff at district level to
supervise private contractors and lack of skills at village levels
could be a constraint for effective water resource and
environmental management.
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The responsibility of the sector expertise at district level
should be to coordinated, provide advice on environmental policies,
promote environmental awareness, generate information, assemble
information related to environment at regional, district and
village levels. However, the capacity of these sectors expertise is
weak due to lack of financial resources, especially on matters
related to environmental monitoring. Some monitoring stations exist
for meteorological data (temperatures, rainfalls, humidity &
solar radiation), but they are only limited to some few locations.
Again, there is no regular water quality monitoring due to lack of
equipment and financial resource.
To improve the institutional capability the following
recommendations should therefore be considered:
• Village governments and their water or environment committees
should be strengthened through training in environmental,
sanitation & hygiene matters as well as financial and
managerial or administrative skills.
• Rural communities should be mobilized to contribute to water
resource and environmental management funds.
• Co-operation, co-ordination and linkage between the District
Water Department (DWD) under the DED and the Regional Water
Laboratory (RWL) should be strengthened.
• Both national and regional water laboratories should be
financially strengthened so that it can regularly conduct water
quality monitoring, and whenever possible they should become
autonomous agencies operating commercially.
• Local communities should be encouraged to form economic groups
and the DCs should assist them by providing soft loans and arrange
training on small-scale business operations.
• Environmental and climatic monitoring stations should be
established in the project villages. These stations should also be
responsible for water quality monitoring.
3.6 Environmental impacts and Mitigation Measures
3.6.1 Environmental Impacts
In general, the project is expected to have the following
positive impacts:
• Increased income (though temporarily) to food vendors,
especially women selling food to construction workforce.
• Improved health condition to the rural community due to
accessibility to clean and safe water supply.
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• Employment opportunity to the local people, especially youth
and women, as they shall be engaged in the construction work.
• Improved sanitary condition and hence decreased incidence of
water borne diseases.
• Improved skills in 0 & M of water supply schemes and
financial, managerial and administrative skills to the community
leaders due to training package.
• Improved environmental condition in the rural community due to
created awareness and training in environmental conservation
activities, including tree planting and application of
environmentally sound technologies.
Although the project is not expected to have appreciable
negative impacts on human population and general environment in the
area, some specific environmental issues need considerations.
Relevant environmental impacts of major concern to community
sub-projects are summarized in the EA Checklist (Table 1).
Generally, those impacts are associated with:
• Water resource: quantity, quality and source protection.
• Construction activities.
• Wastewater and Solid waste disposal methods, including human
wastes (excreta).
TABLE 1: EA CHECKLIST FOR COMMUNITY SUB-PROJECTS
(a) Hand Pump Shallow Wells (HSW)
Ground water pollution due to improper location by being close
to pit latrines, cemeteries or burial_grounds. Clearing of
vegetation due to creation Of access roads for transporting of
drilling rigs and other equipment to well sites, or during laying
out water supply pipelines. Accumulation of wastewater as a result
of people washing or bathing close to the well site or stand pipes,
hence resulting into creation of potential Breeding ground for
diseases transmitting vectors such as mosquitoes. Destruction of
installations by floods and storm water, due to being close to
stream/river banks in flood prone areas.
(b) Ring Wells
Ground water pollution due to improper location by being close
to pit latrines, cemeteries or burial grounds. Clearing of
vegetation due to creation of access roads for transporting of
drilling rigs and other equipment to well sites, or during laying
out water supply pipelines. Accumulation of wastewater as a result
of people washing or bathing close to the well site or stand pipes,
hence resulting into creation of potential Breeding ground for
diseases transmitting vectors such as mosquitoes.
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Destruction of installations by floods and storm water, due to
being close to streamiriver banks in flood prone areas.
Contamination of water due to poor handling or using dirty
containers or due to surface run-off entering a well during
rainfalls.
(c) Pumped Scheme/Mechanized Deep Wells (PS/MDW)
Clearing of vegetation due to creation of access roads for
transporting of drilling rigs and other equipment to well sites, or
during laying out water supply pipelines. Accumulation of
wastewater as a result of people washing or bathing close to the
well site or stand pipes, hence resulting into creation of
potential breeding ground for diseases transmitting vectors such as
mosquitoes. Contamination of water due to poor handling or using
dirty containers or due to surface run-off entering a well during
rainfalls.
(d) Pumped Surface Water (PSW)
Clearing of vegetation due to creation of access roads for
transporting of drilling rigs and other e~uiQment to well sites, or
durin~ laying out water su£2ly pipelines. Accumulation of
wastewater as a result of people washing or bathing close to the
well site or stand pipes, hence resulting into creation of
potential breeding ground for diseases transmitting vectors such as
mosquitoes. Spontaneous growth of algae/water weeds due to
temperature and penetration of sunlight in ~en wells, storaae tanks
or reservoirs. Contamination of water due to poor handling or using
dirty containers or due to surface run-off entering a well during
rainfalls. Contamination due to human activities and wild animals
upstream or around standing water sources (e.g. lakes or ponds) or
due to surface run-off entering during rainfalls.
3.6.2 Mitigation measures
This project does not require detailed environmental management
plans because its environmental issues are specific and can be
easily incorporated in the project design. Therefore, only
mitigation plans will be proposed as shown in Table 2. The proposed
mitigation measures have taken into consideration those impacts
resulting from construction works or due to project and those from
community activities.
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TABLE 2: PROPOSED MITIGATION PLANS POTENTIAL IMPACTS MITIGATION
MEASURES ACTORS A. Construction/Project impacts Destruction of
vegetation leading Land restoration and vegetation Contractor
monitored by into soil erosion because of access planting.
Supervising Engineer roads creation during transportation of
drilling rigs and other equipment Minimize vegetation destruction
to well sites and/or pipelines by restricting construction
construction. activities on-site, using labour
intensive technology and avoid unnecessary deviations during
construction of access roads or laying out of water supply
pipelines
Dumping of drilling wastes and Remove all spoils and other
Contractor monitored by a construction spoils. solid wastes from
the site and Supervision Engineer.
dispose them properly. Loss of crops and agricultural land
Consultation with community District Council/Regional due to
crossing pipelines route or representatives when siting Water Board
in well siting. facilities. Private property collaboration with
Water
should be avoided at any cost Committees but compensation should
be paid for unexpected loss or damagelloss to property during
construction.
Water pollution from pit latrines due Locate the wells at
reasonable Contractor monitored by a to bore hole/shallow wells
being too distance from settlement (not Supervision Engineer in
close to human settlements. less than 50 m, but depending
collaboration with Village
on soil condition). Water Committees. Fence off the boreholes or
Contractor monitored by shallow well sites to prevent Supervision
Engineer in encroachment by people due to collaboration with
Village settlement expansion. The area Water Committees should be
declared protected under village by-laws
Occupational health & safety of Contractor should be
Contractor monitored by a workers during construction responsible
for health & safety Supervision Engineer.
of workers.
Only trained personnel should be allowed to operate equipment
on-site.
There should be qualified person to administer first aide
on-site.
Increased incidence of STD & Awareness & education
Health Committee in HIV/AIDS due to construction campaigns on STD
and HIV to Collaboration with Village workforce in the village.
sensitize the local community. Dispensary/MCH staff.
Limit the number of workforce Contractor in collaboration to
technical & skilled labor with Village government only. The
rest of workforce and Supervision Engineer should come from the
rural communities.
Locate the construction camp far away from the village
settlement.
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POTENTIAL IMPACTS B. Community impacts Bush fires & tree
felling by local community around water sources and upper
catchment.
MITIGATION MEASURES
Enforce by-laws to discourage bush fires around water sources
and catchment areas and discourage the use of fires for clearing
agricultural lands The use of alternative construction materials
and efficient charcoal stove (Jiko Bora) should be promoted to
minimize tree felling and fuel wood consumption.
Initiate education and environmental awareness.
Accumulation of wastewater around People should be discouraged
well sites or standpipes due to from washing or bathing close
people washing or bathing close to to the well sites or stand
pipes
ACTORS
Village government District councils
Water Committees collaboration with NGOs, CBOs, etc.
and
in local
Village government in collaboration with Village water
Committees.
the water sources, hence into
I-t:,:..h:.=o-=ug:iil..lh:..:.....:.e.:..:.n~:.=o..:....rce::..=m:..:..e:;.:n.:..:t-=o..:....f
.::.bL.y·-..;.:la::..:w..:....s.:..:..-+ _______ -,----:---i
potential breeding sites for The stand pipes or hand pump
Contractor and Design mosquitoes. shallow wells should be Engineers
in collaboration
constructed with concrete pads with Village Water and drainage
to carry spilled Committees. water into soakways. If possible the
water should be used for gardening and trees should be planted
around the area.
Contractor and Design Engineers
Spontaneous growth of algae and Storage tanks and reservoirs
other waterweeds in open storage should be well designed and tanks
or reservoirs due to covered to restrict growth of temperature and
exposure to algae and waterweeds.
~~------------------~-r~------~----------~ sunlight. Storage
tanks should be Water Committees in
Contamination of water in Ring Wells due to poor water handling
and use of dirty containers people fetching or by surface run-off
entering the Well during rainfalls.
Encroachment to well sites and open water sources due to
expansion of human settlement and farmlands
Pollution of open water sources due to human activities and
trampling by wild animals.
subject to periodic cleaning collaboration with Trained during
operation. personnel Ring Wells should be designed Contractor and
Design and constructed by raising them Engineers. at least1 m above
the ground to prevent surface run-off from entering the Well.
Boiling of drinking water should be promoted through hygiene
education
People should be encouraged to use only appropriate containers
for taking water from the Wells and should be kept safely on-site.
Fencing off and demarcating boundaries.
The site should be declared protected area under village
by-laws. Waters in storage tanks and reservoirs should be treated
by chlorination
xvi
Village Government in collaboration with Village Water
Committees.
Village Government in collaboration with Water Committees.
Trained personnel appointed by village water committee.
-
POTENTIAL IMPACTS MITIGATION MEASURES ACTORS Drinking water
should be Household members boiled.
People should be encouraged Village Governments in to boil
drinking water and use collaboration with Water or pit latrines
through education Environmental Committees. and enforcement of
by-laws.
Damage to pipelines by local The right of way (RoW) should
Village government in people during cultivation and be declared for
the pipeline collaboration with Water or planting crops with deep
rooting routes and by-laws established Environment Committees
systems along pipeline route. to prevent people from
cultivation along the RoW. Pipelines should be submerged
Contractor. below the ground at an appropriate depth.
3.7 Training Plan
The training plan focuses on the relationship between water
resource, environment, sanitation & hygiene. It also involves
exposure to policies, legislation & regulations, as well as
financial and managerial skills. The detailed training plan is
shown in Table 3.
3.8 Monitoring Plan
The monitoring exercise will involve both contractor on-site and
the local communities activities. During construction, the
contractor should consider the following issues:
• Natural landscape: The natural landscape should be preserved
as much as possible by limiting the operation on-site. Unless
otherwise required for installation of campsite or dumps, all
trees, shrubs should be protected from unnecessary damage.
• Restoration of landscape: This should be done by replanting or
reseeding to prevent further damage due to potential soil erosion.
Again, restoration should be done according to ecological design to
provide opportunity for lost natural habitat to be recovered.
• Contractor's facilities on-site: The sittingllocation of
contractor's facilities like labor camp and warehouse should be
planned. This will help to decide a scenic quality of an area after
construction is complete. The facilities should be located in such
a way that the natural environment is maintained.
• After use possibility: The labor camps and other buildings
should be considered for future use by the local community whenever
possible. For
xvii
-
example, the village water committees or village government can
utilize a building as an office, if it can be foreseen before.
However, if after use is not possible the facilities should be
demolished and the area be restored to its quasi-original
state/condition.
• Location of labor campsite: The labor camp should be located
far from village settlement and fenced off from the surrounding
areas. In those areas with frequent bush fires, a campsite should
be surrounded by a buffer zone to avoid damage to the camp due to
accidental fires.
• Accidental spillage & leakage: The contractor should avoid
or minimize spillage of contaminants, debris or other pollutants,
especially into natural streams/rivers or ground water sources.
This also includes sanitary wastes, tailings, petroleum products,
drilling chemicals, biocides, mineral salts, etc.
• Waste Disposal: The contractor should make sure waste
materials disposed by burial do not contaminate ground water
supplies.
• Community partiCipation: The local community, especially the
water committees should partiCipate in monitoring and that should
be specified in contract documents.
The important issues to be considered during monitoring of
various community sub-projects are summarized in Table 4.
xviii
-
TABLE 3: PROPOSED TRAINING PLAN STAGES TARGET GROUP IMPLEMENTERS
STAGE I Sector expertise at Qualified local NGOs,
District level (e.g. District Private Consultants & Natural
Resource related institutions. Officers)
STAGE 11 Representatives from: Sector expertise - Youths &
Women Groups - Village committee. - Villa~e Members Representatives
from: Local NGO dealing with - youths & Wome n promotion of VIP
Groups latrines. - Village committee. - Village Members - Local
artisans Financial and Business
Institutions STAGE III Rural communities in Sector expertise
in
general. collaboration with Water & Environment
Committees.
CONTENTS Environmental monitoring and sanitary survey
techniques.
Existing policies, legislation regulations and by-laws.
Environmental degradation and water resources availability Water
pollution on human health: prevalence of water borne & sanitary
diseases. Environmental conservation techniques. Treatment of
drinkif!g water. Solid waste & wastewater mana~ement methods.
As above
Construction of VIP latrines and wastewater disposal chambers
using cheap and locally available materials.
Financial and Managerial or Administrative skills. Trained
groups from rural community involved in awareness & education
campaigns on environment, sanitation & hygiene promotion.
xix
TIMING 12 months before project starts.
6 months before project
During project implementation after commissioning
DURATION
3 weeks
Continuous
OUTPUT
Trained representatives
Increased awareness on environment, sanitation & hygiene
matters.
-
TABLE 4: CHECKLIST OF MONITORING INDICATORS MONITORING
INDICATORS POTENTIAL COMMUNITY SUB-
PROJECTS HPSW RW PS/MDW PSW
Distance of well site from sanitary facilities and other
contaminants such 4 4 4 as pit latrines, burial sites, etc. The
condition of the pump base, whether loose or not 4 Presence of
human wastes and other contaminants around well sites. 4 4 4
Presence of standing wastewater around/close to well site or
standpipes 4 4 4 4 that may create breeding site for mosquitoes.
Presence of drainage channels that leads run-off to the well site,
hence 4 4 4 leading into possible ground water contamination.
On-going human activities within the well site/stand pipes (e.g.
washing 4 4 4 4 clothes or bathing). Presence of bad/rotting smell
or odor in water from well, storage 4 4 tanks/reservoirs Method of
drawing water from wells and type containers being used by local 4
people to draw water from a well.
Encroachment of human settlement to well sites (estimate
distance). 4 4 4 Changes in ground water levels & quality
(estimate re-charge rates & 4 4 4 salinity). Incidence of bush
fires and other human activities on upper catchment 4 and around
water sources that may lead into vegetation destruction Prevalence
of water borne and sanitary related diseases (human health) among
the local community, especially children less than 5 years.
xx
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1.0 INTRODUCTION
1.1 General
The environmental assessment (EA) study was assigned to MIS Ako
(hereinafter called the Consultant) by the Ministry of Water &
Livestock Development (MWLD)-hereinafter called the Client on 8th
October 2000. The intention of the study was to identify
potentially negative environmental impacts associated with Rural
Water Supply & Sanitation Project and thereafter develop an EA
checklist and checklist of monitoring indicators for various
community sub-projects. The details on the study requirements can
be found in the Terms of Reference (ToR) attached to this report
(Appendix VI).
In this report, some important findings are presented from the
study conducted in Rufiji district from 24th to 29th October 2000.
The report is divided into seven sections, of which section one is
Introduction, followed by section two covering Policy, Legal,
Institutional & Regulatory framework. Section three deals with
Project Description. Biophysical & socio-economic baseline data
are presented in section four. That is followed by section five
that outlines the Potential Community Sub-projects and significant
Environmental Impacts. The Mitigation Management and Training Plan
are dealt with in section six, followed by section seven containing
Environmental Monitoring Plan.
The report also contains some appendices, whereby Appendix I
contains references, followed by summary of Village Baseline
Information in Appendix 11. Appendix III shows the Water Supply
Status in ten selected villages of Rufiji district. The Water
Quality Data from some selected water sources are presented in
Appendix IV. Appendix V the List of Authorities contacted during
the study; followed by the ToR in Appendix VI. Finally, the names
of study team members and the Consultant's curriculum vitae are
presented in Appendix VII and VIII, respectively.
1.2 The Study Area
The study area covers the ten selected villages of Rufiji
district (Fig. 1). These include Jaribu Mapakani, Bumba, Mtawanya,
Kimbuga, Ruwe, Kilimani, Mloka, Utunge, Nyamwage and Chumbi
villages.
The Rufiji district forms one of the three districts in the
Coast Region, about 200-km from the Oar Es Salaam city in the
southern part of Tanzania. The district lies between 6°_80S and
37.5°- 400 E, at an altitude of about 0-250 meters above sea level
(m.a.s.I.). The District derives its name from the existing Rufiji
River that dissects the district into two parts as it flows from
the Stiegler's gorge on the western side into the Indian Ocean. The
river drains about 20% of the district with average annual flow
rate estimated at 90 cubic meters per second, and carrying about 17
million tones of silt into the flood plain and delta every
year.
-
The administrative headquarter of the district is Utete located
on the southern side of the riverbank. The district consists of 91
villages, 6 Divisions and 19 Wards. According to 1998 population
estimates, the Rufiji district has about 176,000 people (MMK
Project Service Ltd., 1999) and covers a total area of about 13,339
square kilometers (km2). Basing on the 1988 census the population
can be projected about 180,837 people.
The district can be divided into three ecological zones and five
major agro-economic zones (Fig. 2). The three ecological zones
include:
• The Flood plain which stretches about 130 km from west to east
and between 7-35 km wide. The flood plain is comprised of 13
permanent lakes with a variety of natural vegetation, including
grassland, riparian forests, swampy forests, woodlands and
intermediate vegetation communities. The flood plain is formed by
the Rufiji River that begins from Siegler's gorge, at an altitude
of about 70 rn.a.s.1.
• The Delta zone contains 53,000 hectares (ha) of mangrove
forest, which forms a very important ecosystem that supports
inter-tidal fisheries and provides a breeding ground for about 80%
of the Tanzania prawns. The mangroves are also important for
production of mangrove poles and controlling soil erosion.
The delta zone and flood plain are the important habitat for
numerous endemic species of flora and fauna with significant
biodiversity of local and regional importance.
• The Plateau or Upland zone is comprised of dry coastal forest
on the hilly topography (e.g. Kichi hills). The zone also contains
biodiversity of local, regional and international importance. The
zone is located between the Rufiji flood plain and Kisarawe
district on the northern side and between the flood plain and
Kilwa/Liwale districts on the south. The area, popularly know as
the Matumbi mountains, is suitable for cultivation of cashew nuts,
coconuts, cassava, maize and millet, and a variety fruits, such as
oranges, papaw and pineapples.
1.3 Purpose and Objectives of the Study
The purpose of this study was to conduct Environmental
Assessment (EA) for Rural Water Supply & Sanitation Project
(RWSSP) Project in ten selected villages of Rufiji District. The
intention was to identify relevant environmental issues related to
design, location, construction as well as, operation &
maintenance (0 & M) of RWSS schemes. In the long term, study is
aimed towards developing an EA and Monitoring checklist for
different community sub-projects. Specifically, the study focused
on various practices and criteria for developing RWSS schemes.
These include technology choice, construction techniques,
wastewater disposal methods and appropriate on-site location.
Therefore, the objective of the study was to identify
potentially
2
-
negative environmental impacts resulting from various community
sub-projects and thereafter propose appropriate mitigation
measures.
1.4 Scope and Limitations
In this study the Consultant's task was to:
• Develop biophysical and socio-economic baseline data.
• Describe the pertinent policies, legislation, regulations and
standards governing environmental quality at national and
international levels.
• Assess the present handling of EA requirements and procedures,
as well as the GOT capacity to handle them in future.
• Identify potential environmental impacts and community
sub-projects.
• Propose environmental mitigation plan to minimize those
negative impacts and thereafter prepare an EA checklist for
different community sub-projects.
• Develop an environmental monitoring plan and then prepare a
checklist of monitoring indicators.
• Identify institutional needs to implement EA recommendations
at national, regional, district and community (village) levels.
The study was supposed to cover all ten selected villages in the
Rufiji district. However, due to limited time the study covered
only seven villages. These include Utunge, Kimbuga, Bumba,
Kilimani, Chumbi, Ruwe and Jaribu Mpakani.
1.5 General Approach & Methodology
1.5.1 General Approach
In undertaking this study the Consultant's approach was:
(i) To define and characterize the study areas by using 1 :50000
scale topographic map.
(ii) To divide the study area into distinct agro-economic
zones
(iii) To identify the existing beneficiary communities in each
agro-economic zone.
3
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(iv) To select representative sample communities according to
spatial distribution within those agro-economic zones.
The agro-economic zones were used as criteria for selecting
sample villages, because they reflect a local climate, and thus
land use pattern and natural resource potential. This also includes
water resource availability.
1.5.2 Methodology
After selecting the representative communities, the Consultant
divided the study into two major components i.e. deskwork and field
survey.
(a) Desk work
The deskwork involved preparation of survey forms and
questionnaires, acquisition and reading topographic maps, review of
various documents, reports, etc.
(b) Field surveys
The fieldwork involved ocular (visual) observation, informal
& informal interviews, as well as focus group discussion and/or
carrying out meetings with local communities and physical
observation. The Consultant also used specially designed
biophysical and socio-economic survey forms for baseline data
collection. Whenever necessary water samples were also collected
for laboratory analysis. The Consultant also carried out
discussions with responsible authorities at different levels.
4
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FIG 1: THE MAP OF RUFIJI DISTRICT-RURAL ROADS AND VILLAGE
CENTRES
5
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2.0 POLICY, LEGISLATION, REGULATORY & INSTITUTIONAL
FRAMEWORK
2.1 Policy
Since the 1992 Rio conventions (i.e. Convention on Biological
Diversity 1992 and Framework Convention for Climate Change 1992),
Government of Tanzania (GOT) has been showing great concern to
environmental issues. This is reflected in the policy documents
National Environment Policy (NEP), National Environment Action Plan
(NEAP) and National Conservation Strategy for Sustainable
Development (NCSSD). Again, the Draft Environment Protection Bill
(1994) and the Bill to enhance the powers and responsibilities of
National Environment Management Council (NEMC) have already been
prepared. All these are indicators of the Government's commitment
towards environmental protection and social sustainability of
national development.
The overall objective of NEP (1997) is to raise public awareness
and understanding of essential linkages, between environment and
development. The other object is to promote individual and
community partiCipation in environmental actions. This policy
objective is in line with the National Water Policy (NWP) of 2000
approach to rural water supply & sanitation, whereby community
participation and other stakeholders in water resource management
is emphasized.
The NEP policy addresses environmental issues from both natural
and social context, by adopting the principle of sustainable
development. According to the policy, exploitation/utilization of
natural resource, investment and technology development has to be
carried out in a sustainable manner without compromising the
environment for the benefit of the current generation and of the
future.
The NEP has developed proposals for enactment of framework
legislation to address environmental issues in line with
international agreements, commitment and national concerns. Main
objectives of the framework are:
• To take into account various government agencies involved in
regulating specific sectors of economy.
• To integrate the activities of the government agencies.
• To promote co-ordination and co-operation among various
government agencies and define environmental management tools of
general scope.
The framework intends to facilitate consistent policy and
enforcement to ensure that:
• EIA is carried out for any major development project before
its commencement.
6
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• Environmental monitoring is done in compliance with the set
standards.
• Environmental auditing is undertaken to evaluate the
efficiency of environmental organization, including its management
and equipment being used.
The Ministry of Water & Livestock Development (MWLD) has
also considered environmental issues in its policy. The National
Water Policy (NWP) of 1991 has been revised to form NWP of 2000.
The policy identifies EIA as one of the important legal instrument
for policy implementation. The policy issues of concern in the
environment sector are environmental water needs, that is, water
needed to protect the environment. The policy concern is
identification of major aquatic ecosystems, their ecology and
hydrology. That also includes meeting their in-stream flow
requirements, quality level standards and establishment as well as,
enforcement of effective regulatory mechanisms for environmental
flow requirement (e.g. Kihansi Hydropower Project).
The new policy takes into account cross-sector issues related to
water and is based on global principles. It also takes into
consideration the National Environmental Policy (NEP) and other
sector policy issues. Basing on its global principles the NWP
recognizes the importance and roles of all other sectors in water
resource management.
The NWP specifies issues related to Rural Water Supply &
Sanitation. The policy gives emphasis on improving the health and
socio-economic well being of rural communities through improved
access to adequate and sustainable safe water supply and
sanitation. The policy recognizes the relationship between lack of
safe water and poor hygiene & sanitation as the major cause of
sickness and death, and of course poverty. It recognizes rural
women and children as a vulnerable group living in poor conditions,
subjected to diseases and foregone opportunities. The policy
strategy in this case is to emphasize/promote health & hygiene
education to rural people, rather than providing water supply
alone.
Thus, integration of water supply, sanitation and hygiene
education should be geared towards maximizing health impact to the
rural community, especially women & children. The policy
strategy here is to promote collaboration with the Ministry of
Education & Culture (MOEC) and the Ministry of Health
(MOH).
Again, demand responsive approach and community partiCipation
(NGO's, CBOs, Private sector, et c) in the planning financing,
design, operation & maintenance (0 & M) rural water supply
& sanitation systems, is another element being addressed. The
policy recognizes the need for water to livestock and the need to
include livestock in the designs of rural community water supply
schemes. The principle statement is that, provision of adequate
water to livestock though construction of dams and integrating
livestock requirement in the design of rural water supplies.
7
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FINDINGS AND RECOMMENDATIONS
Findings
One of the important strategies in the NWP implementation is to
promote water supply, sanitation and hygiene education among the
rural community. However, the policy does not specify in its
objectives the issues of environmental awareness and education. For
example, environmental degradation (vegetation destruction and
water pollution) of water sources is one of the major problems that
could threaten the sustainability of rural water supply schemes. It
is therefore important that environmental awareness and education
should be given weight in the policy. That should include promoting
technologies that minimize environmental degradation. For example,
promoting the use of efficient charcoal stove (Jiko Sora) that
consumes little charcoal and conserves heat (e.g. Jiko bora).
Again, use of red soil and cement bricks for house construction in
rural areas can be promoted to minimize vegetation destruction or
the use rice husks for burning bricks instead of fuel wood can be
promoted. Therefore, one of the policy objectives in this case
should be to promote environmental conservation and encourage
environmentally sound practices and/or technologies to protect
water sources.
Another policy strategy is to make EA mandatory prior to
execution of all major water related projects. However, there are
no guidelines developed by MWLD for carrying out EA in water supply
development projects. For example TANAPA has developed its own EA
guidelines for development projects being carried out in the
National Parks or Game Reserves. It could be important if the MOW
could develop its own EA guidelines and environmental management
plan (EMP). From those guidelines, it shall be possible to develop
standard EIA reports, techniques and reviews that are specific to
the water sectors and within the local context. The output in this
case, should be EA guidelines, standard reports and reviews
process, that address the requirement of the sector and put local
issues into consideration.
The policy identifies conflict of interest among water users due
to water resource planning approach that is sector oriented and
regionally based or project specific. To alleviate this problem the
policy will integrate national, basin, sub-basin and community
level plans. It states that inter-sectoral planning at basin level
will be formulated and participatory approach at all levels will be
promoted. According to the policy, environmental issues will be
analyzed at planning level. However, the policy does not give any
implementation strategy to ensure that environmental issues are
incorporated in all stages of water resource development. There
should be an institutional reform in the MOW by establishing an
environmental section. The responsibility of this section shall be
to foresee implementation of environmental management plans and to
link and co-ordinate with the Environment Division and NEMC.
The question of water source protection and cleaning due to
pollution has been noted in the policy involves financing
mechanism. However, up to now
8
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source of funding largely depends on government budget and thus
not adequate. There is a need to look for other sources to
complement the government budget. One of the sources may involve
introduction of water users charges and polluter pays principle.
Other mechanism is to encourage local communities to actively
participate in water sources protection. The established community
water funds should be used, not only, in 0 & M water supply
schemes but also water sources protection.
Recommendations
• Environmental awareness and education should be given weight
in the NWP. That should include promoting technologies that
minimize environmental degradation.
• It could be important if the MOW could develop its own EA
guidelines and environmental management plan (EMP).
• There should be an institutional reform in the MOW by
establishing an environmental section. The responsibility of this
section shall be to foresee implementation of environmental
management plans and to link and co-ordinate with the Environment
Division and NEMC.
• The financing of water protection from pollution should
involve introduction of water users charges and polluter pays
principle (PPP). Other mechanism should be to encourage local
communities to actively participate in water sources protection.
The established community water funds should be used, not only, in
0 & M water supply schemes but also water sources
protection.
• The legislation to support implementation of EIA requirements
in the water sector should be incorporated in the Water Utilization
Act.
2.2 Legislation in Tanzania
The relevant legislative matters of environmentai concern relate
to solid waste management, pollution Control, Environmental Quality
Standards, Land use, Health & Safety, Protection of Wildlife,
Sensitive areas, Unique flora & Fauna, Protection of Natural
& Cultural Resource.
(i) Protection of Sensitive areas & Unique Flora &
Fauna
The relevant legislation in Tanzania related to preservation
and/or protection of sensitive areas and unique flora & fauna
are:
• Fauna Conservation Ordinance (an Ordinance is law
promulgated
before in dependence) Cap. 302 as amended by Acts No. 15 and 17
of
1963 and Act No. 7 of 1965.
9
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• National Parks Ordinance (Amendment) Act No. 44 of 1963.
• Forest Ordinance of 1957 Cap. 389, Forests Ordinance
(Amendment)
Act No. 43 of 1963.
• Land Ordinance Cap. 113.
• Public Land (Preserved areas) Ordinance (Amendment) Act. No.
28 of
1965.
• National Land Policy (1997).
• Industrial Licensing and Registration Act of 1967 and with
Amendments of 1982.
• Water Utilization (Control and Regulation) Act. Of 1974 as
amended by
the Water Utilization (control and Regulation Amendment) Act of
1981.
• Fisheries Act. No. 6 of 1970.
• Wildlife Conservation Act No. 21 of 1974.
• National Environment Management Act No. 19 of 1983.
(ii) Solid Waste Management
The principle legislation that governs waste management is found
in the Local Government Acts, National land use commission Act and
Town & Country Planning Ordinance. However, no specific
legislation that addresses solid waste management in Tanzania. The
landaus planning act gives local authorities the power to designate
land in urban areas for specific uses, like solid waste disposal
sites. Besides that, the common law of nuisance can be applied to
waste disposal sites (e.g. Case of Belegere vs Dar Es Salaam City
Council)1
. The relevant policy is the NEP whose primary objective is to
promote environmentally sound technologies, that are less
polluting, recycle more of their wastes and handle wastes in a more
acceptable manner than the technologies they replace. Within the
NEP, Health sector refers to provision of waste disposal services.
The industry sector refers to prevention, reduction, control and
limitation of damage and minimization of risk from general
management, transportation, handling and disposal of hazardous
wastes.
(iii) Air Pollution
There is neither legislation nor definitions of standards or
objectives pertaining to air pollution. So far the only item of
legislation is that which appears in the Penal Code and Merchant
Shipping Act.
1 In 1985 the Residents of Kunduchi Mtongani, Dar Es Salaam
successfully moved the high court to close a dump site that was
opened by the City Council in the residential area due to air
pollution problem.
10
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The Penal Code stipulates that "voluntarily vitiating the
atmosphere so as to make it noxious to the health of persons in the
vicinity" is a misdemeanor. The local Government (District and
Urban Authority Acts, 1982) contains provisions to protect human
health and regulates pollution problems. The Merchant Shipping Act,
1967 prohibits emissions of dark smoke from ships for more than
five minutes in any hour, within a certain distance from the shore.
However, common law principles of nuisance can also be applied in
matters of air pollution as in the case of solid waste management
(Belegre Vs City Council).
The NEP seeks to reduce and control impacts from industrial
emissions through location, control of emission and use of
environmentally friendly technologies (Clean Technology). The
policy also seeks to establish permissible noise levels in cases of
noise-prone industries and construction sites. However, there are
no established air and noise quality standards, although draft
proposals have been prepared by NEMC (1997) for ambient air and
emission sources.
(iv) Mining
So far, no legislation in Tanzania that specifically deals with
control of land pollution. However, this issue can be related to
land use policy and regulations. The NEMC Act has some provisions
to initiate steps for the protection of environment by preventing,
controlling, abating or mitigating pollution to land, water air,
etc.
The NEP addresses the issues of land pollution, especially in
regards to mining sector. It states that measures will be taken to
minimize pollution from the mining sector. These include
reclamation and restoration of land after use, mining discharges to
ground and surface water. According to the policy land, ground
& surface water pollution shall be controlled and preventive as
well as, clean up measures for accidents shall be formulated and
implemented. Similar policies are also applicable to other
industrial sector.
(v) Land use
The relevant legislation controlling land use and its management
include:
• National Land Policy (1997)
• Land Ordinance Cap. 113
• Public Land (Preserved areas) Ordinance (Amendment) Act. No.
28 of 1965.
• Town and Country Planning Ordinance were established to
regulate land use planning schemes for deSignated areas.
11
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• Natural Resource Ordinance to create Natural resource Board,
responsible for supervising natural resource.
• The National Land Use planning Commission to advise the
government on land conservation and development.
• The Local (District and Urban) Authorities Acts (1982) to
empower Local Authorities it to make by-laws on soil protection,
agriculture, water supplies and other natural resource.
Other legislation relevant to land use includes, Range Land
Development and Management Ordinance, Land Ordinance (1961) and
Land Acquisition Act (1967). Recently, the Land Act (1999) has been
enacted to regulate land allocation, including a village land.
The National Land Policy (1997) addresses issues of protection
of sensitive areas. These include water catchment areas, small
islands, border areas, beaches, mountains, forests, national parks,
rivers, river basins and banks, seasonal migration routes of
wildlife, national heritage and areas of biodiversity. According to
policy, these areas or parts of them shall not be allocated to
individuals.
The policy also deals with protection of hazard lands, such as,
river valleys, areas of steep slopes, mangrove swamps, marshlands.
The policy recognizes that apart from posing danger to life and
property, developments on those areas contribute to land
degradation, pollution and environmental degradation in
general.
(iii) Water
The relevant legislation that covers water pollution and supply
include the Water Works Ordinance (Cap. 281), the Urban Water
Supply Act, 7/81 and Water Utilization and Control Act, 4217 4. The
Water Works Ordinance specifies that pollution of water supplies
constitutes a punishable offence. The Urban Water Supply Act gives
the National Urban Water Authority (NUWA, now DAWASA) power
regarding surface and ground water pollution. It specifies that
pollution of surface or ground water is a punishable offence. The
Water Utilization and Control Act establish temporary standards for
receiving waters and effluent discharge standards. The Public
Health Sewerage and Drainage Ordinance (Cap. 335) prohibits the
discharge of certain substances into sewers. Usually violation of
this ordinance is an offence and penalties may be imposed.
The Government of Tanzania has also created the following bodies
with specific tasks to regulate water pollution. These include:
• National Urban Water Authority (NUWA now DAWASA)
12
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• Tanzania Bureau of Standards (TBS).
• National Environment Management Council (NEMC).
Tanzania Bureau of Standards has also issued effluent standards
for a limited number of specific industries in the country. Again,
a Sewerage and Sanitation Policy has been prepared. The National
Water Policy of 1993 has been revised to form a new National Water
Policy (2000), covering Urban Water Supply & Sanitation and
Rural Water Supply & Sanitation.
The existing legislation on water resource management are:
• The Laws of Tanganyika 1947 & 1950 Cap. 281.
• Water Works Ordinance (Subsidiary Legislation) Cap. 281.
• Public Health (Sewerage & Sanitation) Cap. 336.
• Water Utilization (Control and Regulation) Act No. 42 of
1974.
• Urban Water Supply Act. No. 7 of 1981.
• Water Utilization (Control and Regulation) Amendment Act. No.
10 of
1981.
• Written Laws (Promotion and Protection) Act. No. 10 of
1990.
• Water Utilization (Misce"aneous Amendment) NO.8 of 1997.
• Water Laws (Misce"aneous Amendments) Act of 1999.
Major topics covered in the law in Water Resource concern
protection and exploitation. In water protection important topics
deal with:
• Ownership of water resource
• Protection of water resource
• Protection of flora, fauna and natural environment in water
resource
• Protection of water quality in other countries
• Discharge of waste water in water sources
For water resource exploitation main topics covered concern
with:
• Regulation and distribution of water resource.
• Right of organizations and Individuals to exploit and use
water
resource.
• Obligations of organizations and individuals that exploit and
use water
resource.
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• Issuing of permits for exploitation and use of water
resource.
(iv) Health & Safety
Generally, legal and policy issues on environment are supposed
to provide healthy and safe environment for sustainable human
development. The legislation relates to the external environment,
such as availability of safe and sufficient water, sewage
treatment, waste disposal services and pollution control
mechanisms. Health & Safety issues are also relevant to the
environment at work places, as it affects the health and safety of
workers.
The items of legislation that are relevant to health
&·safety are found in the Factories Ordinance and the Penal
Code. The Factories Ordinance deals with health & safety of
workers at their work places. The word "factory" as considered by
this ordinance includes most places of work. This ordinance sets
standards for health, safety and welfare of workers. It empowers
the Minister for Labor to make rules for health, safety and welfare
of workers. The legislation states that: "Where the Minister is
satisfied that, any manufacturer, machinery, plant, equipment,
appliances, processes or description of manual labor, is of such a
nature as to cause risk of bodily injury/harm, or to be offensive
to the person employed. Then the Minister shall take a legal action
to protect the employee." Thus, based on its broad context, the
ordinance is also relevant to this project, as far as construction
works and operation of equipment on-site is concerned. The Penal
Code can be considered as another relevant legislation to this
project. It restricts the practice of noxious trades and this
restriction extends to cover unsafe places of work.
The existing policy matters within NEP are relevant to Health
& Safety. This is the case because reduction of emissions and
pollution from industry and adoption of clean technologies are
beneficial to workforce and the public in general. The specific
policy that refers to health & safety is the industry sector
policy, that seeks to ensure workers' health and safety are
adequately protected from potential environmental health hazards.
Again, under the Local (District and Urban) Authorities Acts
(1982), the Local Governments have been empowered to make by-laws
regarding public health and safety issues.
(v) Vegetation & Wildlife
The Wildlife Conservation laws restrict hunting or cutting
vegetation in the National Parks and game reserves. However, the
laws are less strict in the Game Controlled Areas. The Wildlife
Conservation Act protects wildlife and vegetation. Under the Act
the utilization of wildlife is restricted to license holders. The
use of sensitive wildlife habitats is restricted during a certain
times of the year or for specific periods.
Wildlife Conservation Act of 1974 (amended in 1974) limits
exploitation of certain forestry resources by requiring specific
licenses for harvesting and selling forests products. The revised
Forestry Policy of 1993 recognizes the
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important role of forests in the maintenance of the environment,
provision of forestry products and the protection of watersheds and
bio-diversity.
(vi) Marine and Freshwater Fisheries
The important item of legislation in the fisheries regulation is
that which prohibit flow or passing into water and solid, liquid or
gaseous matter or cause water pollution in any lake, river, dam,
estuary or seawater. This legislation requires any person
responsible for pollution to clean the polluted water within a
reasonable period at his/her own expense.
Again, specific regulations were introduced in 1973 and 1982,
under the fisheries Act (1970), to limit annual catches. The
legislation also puts limitations on methods of fish harvesting,
including the outlawing of dynamiting and poisoning.
(vii) Agriculture
The agricultural Policy addresses issues of land degradation
from agrochemical. The donors support programs such as the Land
management Program (LAMP), the Soil Erosion Control and
Agroforestry Program (SECAP) and the Soil Conservation and
Agroforestry Program (SCAPA) aim to reduce pollution from
agrochemical.
(viii) Cultural Resource & Heritage
The relevant items of legislation on these issues are found in
the Antiquities Act and Protected places & Areas Act. The Act
seeks to protect through regulation of access to declared
monuments, relics and conservation areas. The protected places and
Areas Act gives the Minister for legal Affairs the authority to
prevent or control movement and conduct of people in certain
areas.
2.3 International Treaties & Agreements
The principal international treaties and agreements related to
environment of which Tanzania is a Signatory (MTNRE and Green Globe
Yearbook, 1993) are:
• Convention Related to the Preservation of Fauna and Flora in
the their
Natural set up - London 1933
• Convention on the African Migratory Locust - Kano, 1962.
• African Convention on the Conservation of Nature and Natural
Resource -
Algeria 1968
• Convention on the Protection of the World Cultural and Natural
Heritage
(World Heritage Convention) Paris 1972 (UNESCO)
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• Convention on International Trade in Endangered Species of
Wild Fauna
and Flora (CITES)- Washington DC, 1973 (UNEP)
• United Nations Convention on the Law of the Sea (UNCLOS)
Montego
Bay, 1922
• FAO International Undertaking on Plant Genetic Resource Rome,
1983
(FAO)
• FAO International Code of conduct on the Distribution and use
of pesticide
- Rome, 1985 (FAO).
• Convention on Biological Diversity - Rio de Janeiro 1992
(UNEP)
• Framework Convention on Climate change - Rio de Janeiro,
1992.
FINDINGS AND RECOMMENDATIONS
Findings
All legislation within the sectoral ministries is adequately
covered to guide environmental management, including EIA
requirements. However, no comprehensive legislation that enforces
implementation of NEP or that empowers NEMC to make EIA
requirements legally binding.
The legislation does not adequately address water resource
ownership, management and utilization. Under the existing laws, the
United Republic of Tanzania owns water resource, and every one has
a right of access to free water supply. However, access to some
minimal amount for essential needs is not stipulated in the Water
Law.
The issues of ground water utilization, pollution control and
monitoring are not adequately addressed in the current law. This
may result into problems and some times conflicts. For example, in
recent years, there have been an increasing number of individuals
and institutions, which have turned into ground water sources
utilization. Monitoring of these individual water users is
important because over-extraction of ground water may result into
problems. These include hydrological imbalance, land subsidence and
vulnerability of the land to tectonic effects (earthquake).
Therefore, question of water pollution, and allocation of ground
water resource among various users should be adequately covered in
the legislation, to avoid environment degradation and hazards due
to uncontrolled extraction.
There are some deficiencies in the existing law on water
resource. According to the NWP (2000) the existing legislation does
not show clear distinction and separation of roles of service,
operational and management function on one hand and regulatory
functions on the other hand. There is a need to
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revise/review the current legislation so that regulatory
functions are separated from service functions.
Another shortcoming with the current legislation is the lack of
adequate representation of water users, especially at vii/age
level. There is a need to review the current legislation in order
to cover water users at village levels. The vii/age governments
should be encouraged to establish by-laws to protect the
environment and water sources.
There is a linkage between land, environment and water resource
management. Therefore, the MWLD should co-operate with Ministry of
Lands & Urban Development (MLUD), Ministry of Natural Resource
and Tourism (MNRT), Office of the Vice President and Ministry of
Agriculture & Food (MOAF). The respective legislation should be
reviewed and harmonized to avoid conflicts of interests among the
ministries.
The water use issues are dealt with in various sectors, but they
are not in harmony with each other, hence difficult to prosecute
offenders. Again, it may not be appropriate to prosecute them in
the absence of comprehensive legislation. Therefore, such
legislation should be established to cover other sectors. The
sector Ministers should then refer to the legislation on water
resource in matters related to their own sector's water use,
consumption and pollution.
Various actors at different levels are performing some aspects
of water resource and environmental management, but no effective
co-ordination and collaboration exist among them. This has resulted
into over-lapping responsibilities and duplication of efforts,
Recommendations
• The formulation of comprehensive legislation should be speeded
up to facilitate implementation of NEP and empower NEMC to make EIA
mandatory and legally binding.
• The issues of water resource ownership, management and
utilization should be specified in the Water Laws.
• The question of ground water utilization, pollution and
monitoring should be addressed in the Water Laws to cope with the
current situation, whereby private and individuals participation in
ground water works is rapidly increasing.
• The current legislation should be reviewed in order to have a
clear distinction and separation of roles of service, operation and
management function on one hand and regulatory function on the
other hand.
• The water users at village level should be covered in the
current legislation and the village governments should be
encouraged to establish by-laws to protect water sources and
environment in general.
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• The respective legislation in sector ministries should be
reviewed and harmonized to avoid conflict of interests.
• Comprehensive legislation should be established to cover all
water related sectors and the Minister for water should enforce
legislation on various sectors' consumption and pollution.
• There should be a clear statement of institutional
responsibilities and supporting legislation in to facilitate
implementation of NEP and reduce duplication of efforts.
2.4 Standards Governing Water Quality
The national standards relevant to water quality in Tanzania
include the:
• Tanzania Water Quality standards.
• Tanzania Standards for Receiving Water.
• Temporary Standards for Quality of Domestic Water.
• Classification of Environmental Status for fresh water.
• Tanzania Standard for Rural Water Supply.
(i) Standards for Rural Water
The Tanzania standards for Rural Water Supply consider toxic
elements, mainly fluorides and nitrates, as inorganic compounds
with effect on human health. Generally, values for Tanzania
standards are higher than those set by the European Community (EC)
and World Health Organization (WHO).
(ii) Effluent & Receiving Water Quality Standards
The Ministry of Health in Collaboration with the then Ministry
of Water, energy and Minerals developed the Effluent and Receiving
Water Quality standards in 1977. These standards were adopted and
appear as schedules under the water utilization (control and
Regulation) Amendment Act No. 10 of 1981. The standards comprise of
receiving water quality standards, the effluent quality standard
and the domestic water standards.
However, enforcement of existing provisions is limited due to
inadequate resource and fragmented responsibilities within
implementing institutions. Again, there is lack of compliance by
industries with current discharge standards. Therefore, there is a
need for strengthening environmental regulatory capacity and
associated institutional development as proposed by NEMC.
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Receiving water Quality Standards
In Tanzania, receiving water quality standards is divided into 3
categories. The standards provide maximum permissible
concentration. That of EC (1980) gives maximum admissible
concentration and WHO (1993) gives recommendations.
The Category I concern drinking water supplies, swimming pools,
food and beverage manufacturing industries, pharmaceuticals
manufacturing industries or industries requiring water source of
similar quality. Category 11 deals with the use of water in for
domestic animals, fishing, shell cultures, recreation and water for
sports. Category III relates to water for irrigation and other
industrial activities requiring water quality standards lower than
those in Category I and 11. The maximum permissible concentrations
for three categories include 20 mg/L for Category I & 11 and 30
mg/L for Category Ill.
Effluent standards
The Temporary standards deal with effluents for direct discharge
into receiving waters. The restrictions are that those effluents
should not cause sludge or scum, should not cause change in color,
should not change in natural taste or odor and should not cause
temperature change by more than SaC. The standard also deals with
effluents for indirect discharge into receiving waters through
municipal sewerage plant. It specifies that effluents should not
have more than 3SoC or not exceed SaC above ambient temperature of
supplied water. '
The Tanzania standards for water quality are regulated through
water utilization Act 1974 (Amendment 1981). This includes
regulation on pollution of water. Under the Act no person may
discharge effluents from commercial, industrial or other trade
waste systems into receiving water without consent duly granted by
a water officer. The standards related to effluents and receiving
waters are specified and should be complied with by users of water
before or during discharge into watercourse, receiving waters or
municipal sewerage systems. The standards prescribed in 1981
amendment include standards for receiving waters, effluents
standard and drinking water standards.
In Tanzania, discharge permit is granted by Public Water Office
(PWO) and Water Basin Offices (WBOs). However, discharge permit is
granted by PWO for new plants only, as most industries in the
country are old. Those industries are not regulated through
discharge permits, but they are required to comply with the
national effluent standards. Again, few industries and municipal
waster wat