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Legal Supplement (Part II) to the Zanzibar Government Gazette
Vol – CXI No 5944 o 22nd March 2002
THE ENVIRONMENTAL MANAGEMENT FOR SUSTAINABLE DEVELOPMENT ACT, NO 2 OF 1996
REGULATIONS
(Under Section 118(a))
IN EXERCISE of the power conferred upon me under paragraph (a) of section 118 of the Environmental Management for Sustainable Development Act, No 2 of 1996 I, MUSSA AME SILIMA, Minister of Agriculture, Natural Resources, Environment and Cooperative, do hereby make the following Regulations. / L.N. 18 of 2002- These Regulations may be cited as the Environment Performance Bond Regulations 2002 and shall come into operation on the 2nd day of January, 2002.
- In these Regulations, unless the content otherwise requires:-
“Environment performance bond” means amount of money deposited as guarantee that the obligor would carry out the project with due regard to the environmental as agreed by the Institution
“Institution” means the Institution responsible for the environment
“Ministry” means the Ministry for the time being responsible for the environment
- –(1) Environmental performance bond shall be 10% of the capital investment of the project and be deposited in the Ministry Account
(2) The performance bond shall be deposited after the project approved by the Institution.
SIGNED this 31st day of January, 2002
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MUSSA AME SILIMA
Ministry of Agriculture, Natural Resources, Environment and Cooperatives
Zanzibar
THE ENVIRONMENTAL MANAGEMENT FOR SUSTAINABLE DEVELOPMENT ACT, NO 2 OF 1996
REGULATIONS
(Under Section 118(a))
IN EXERCISE of the powers conferred upon me under paragraph (a) of section 118 of the Environmental Management for Sustainable Development Act, No 2 of 1996 I, MUSSA AME SILIMA, Minister of Agriculture, Natural Resources, Environment and Cooperatives, do hereby make the following Regulations. / L. N. 19 of 2002- These Regulations may be cited as the Environment Impact Assessment (Procedures) Regulations, 2002 and shall come into operation on the 2nd day of January, 2002.unless the content otherwise
- In these Regulations, unless the content otherwise requires:-
“Act” means the Environmental Management for Sustainable Development Act, No. 2 of 1996
“Agency” means the agency or agencies nominated by the applicant and approved by the institution for preparing or having taken primary responsibility for preparing the Environmental Impact Statement.
“Environmental Assessment” means management tool which is now being widely used that development options are environmentally, socially and economically sustainable. Environmental Assessment includes a broad range of activities such as Social Impact Assessment (SIA), Environmental Impacts Assessment (EIA) and Risk Assessment (RA).
“Environmental Documents” includes the environmental assessment, environmental impact statement, finding of no significant impact and notice of intent.
“Environmental Impact Assessment” means a process and tool for project planning and decision making to ensure that during development planning, biophysical, economic and socio-cultural aspects are considered, negative impacts are avoided or mitigated and potential benefits are realized.
“Environmental Impact Statement” means a detailed written statement as required by section 40 of the Act.
“Institution” means the institution responsible for the environment.
“Letter of Approval” means a written document with conditions for approval prepared by the institution to the applicant of those projects which do not require an Environmental Impact Assessment study.
“Notice of intent” means a notice that an environmental impact statement will be prepared and considered.
“Screening” means a concise public document for which agency is responsible that serve to:
(i)Briefly provide sufficient evidence and analysis for deterring whether to prepare an environmental impact assessment or a finding of no significant impact.
(ii)Aid an agency’s compliance with the act when no environmental impact statement is necessary.
(iii)Facilitate preparation of a statement when one is necessary
- –(1) The institution shall be the only organ for preparing Terms of Reference, which shall be required for the environmental impact assessment study
(2) The Terms of Reference shall be submitted to the owner (applicant) of the project within ten (10) working days from the date of completion of scoping procedures.
(3) The owner of the project shall be required to submit to the institution the latest Curriculum Vitae (CV) for the team of expert who will conduct the environmental impact assessment study within ten (10) days from the date of completion of screening procedures.
(4) In a period of five (5) days after receiving the CV, institutions shall approve or disapproved the experts, with reasons.
(5)Thestudy be done in a period between two to six months and four copies of report shall be submitted to the institution for further actions. After six monthsthe ToR for the study should be reviewed by the institution.
- – (1) If the institution requires an application to submit environmental information for possible use by the Institution in approving an environmental impact statement, then the institution shall assist the applicant by outlining the types of information required. The institution shall independently evaluate the information submitted and approved it.
(2) The institution shall require such information to the owner o the project more than five working days after the review meeting.
(3) The owner of the project shall be required to submit such information within twenty days after receiving the request.
(4) If the institution permits an applicant to prepare an environmental impact assessment, the Institution, besides fulfilling the requirements o sub rule (2) of this rule, shall make its own evaluation of the environmental issues.
(5) Upon receiving the required information from the owner, the institution shall decide on whether to issue environmental impact assessment certificate or not within fourteen working days after receiving the required information.
(6)In case applicant does not qualify to undertake the environmental impact assessment the institution shall issue letter of approval with conditions instead of environment impact assessment certificate.
(7)When a proponent is obliged to conduct an environmental assessment he has to produce separate document on environmental assessment and SIA. It is recommended SIA to be done first and submitted to the institution for review.
5. The environmental impact statements shall be prepared in the following manner:- / Environmental impact statement
(a)Environmental impact statements shall be analytic rather and specific in the project location.
(b)Highly significant impacts shall be explained in details and less significant shall be briefly mentioned.
(c)Environmental impact statements shall be kept concise and shall be no longer than absolutely necessary to comply with the act and with these Regulations. Length should vary first with potential environmental problems and then with project size.
(d)Environmental impact statements shall state how alternatives considered in it and decisions based on it will or will not achieve the requirements of section 49(b) of the Act and other environmental laws and policies.
(e)The range of alternatives and mitigation discussed in environmental impact statements shall encompass those to be considered by ultimate decision maker.
(f)Environmental impact statements shall serve as the means of assessing the environmental impact and for approval or disapproval the project.
6.-(1) There shall be an early scoping for indentifying the significant issue related to a proposed action / Scoping
(2) As a part of the scoping process the agency shall:
(i)Determine the scope and the significant issues to be analyzed in depth in the environmental impact statements;
(ii)Identify from detailed study the issues which are not significant and summaries them for discussion;
(iii)Allocate assignments for preparation of the environmental impact statements among the lead and cooperating agencies, with the lead and communicate to other relevant institutions or agencies;
(iv)Indicate any public environmental assessments and other environmental impact statements which are being or will be prepared that are related to but are not part of the scope of the statement under consideration;
(v)Indicate any relationship between the timing of the preparation of environmental analyses and the agency’s tentative planning and decision making schedule.
(3) As part of the scoping process the institution may:
(i)Set page limits on environmental documents;
(ii)Set time limits; and
(iii)Adopt procedures to combine its environmental assessment process with its scoping process.
(4) Hold an early scoping meeting or meetings which may be integrated with any other early planning meeting the agency has such a scoping meeting will often be appropriate when the impacts of particular action are confined to specific sites.
(5) Revise the determinations made under [paragraph (1) and (2) of this section if substantial changes are made later in the proposed action, or if significant new circumstances or information’s arise which bear on the proposal or its impacts.
7-(1) An applicant shall commence preparation of an environmental impact assessment (EIA) as soon as he’s provided with ToR by the institution to complete exercise in time as schedule in this regulation. / Timing
(2) The Environmental Impact Assessment shall be prepared early enough so that it can serve practically as an important contribution to the decision making process and will not be used to rationalize or justify decisions already made-
(a)For project directly undertaken by the government the environmental impact statements shall be prepared as stipulated by this regulation;
(b)For adjunction, the final environmental impact statements shall normally precede the final staff recommendation and that portion of the impact study. In appropriate circumstances the statements may follow preliminary hearings designed to gather information for use in the statements;
8. Environmental impact statements may be prepared using interdisciplinary approach if the agency finds it necessary which will insure the integrated use of the natural and social sciences and the environmental design arts. / Interdisciplinary preparation
9. The text of final environmental impact statements shall normally be less than 100 pages and of standard format, the institution reserves the right to ask for electronic copy if necessary. / Page limits
10. Environmental impact statements shall be written in clear and concise language and may use appropriate graphic so that decisions makers and public can readily understand them. / Writing
11. – (1) The institution shall provide the formation of writing the statements within the ToR provided. / Recommended format
(2) Terms of reference ToR provided by the institution shall list the personnel who are involved in the preparation of environmental impact statements EIS.
12.-(1) Institution concerning with environment shall have mandate to inspect any project which has a negative impacts and instruct to comply with environmental norms and failure of that institution concerning with environmental shall stop order. / Environmental Auditing
(2) Whether possible the persons who are responsible for a particular analysis, including analysis in background papers, shall be identified. Normally the list will not exceed two pages.
13.-(1) The decommissioning shall include in the environmental impact statement. / Decommissioning
(2) The proponent shall oblige to pay the review cost as advised by institution.
SIGNED this 31st day of January, 2002.
………………………………..
MUSSA AME SILIMA
Ministry of Agriculture, Natural Resources,Environment and Co-operatives
Zanzibar
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