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Environmental Management (Hazardous Waste Control and Management) Regulations, 2021.

Type of law
Regulation
Source

Abstract
These Regulations consisting of 75 articles aim to regulate the following regarding hazardous waste (i) handling; (ii) in-country movement; and (iii) transboundary movement. In particular, they also set out rules for (a) healthcare waste; (b) pesticides, and radioactive and chemical waste. These Regulations shall apply to all categories of hazardous waste and its generation, collection, storage, transportation, treatment, recycling, reuse, recovery, and disposal. According to article 6 every person living in Tanzania shall (i) have the right to a clean, safe, and healthy environment; and (ii) has to safeguard the environment from adverse effects of hazardous wastes.
The general principles of environment and sustainable development relevant to hazardous waste management to be met are (i) the precautionary principle; (ii) polluter pays principle; and (iii) the producer extended responsibility, meaning that any person producing or importing a product should internalize environmental costs in the production of the products and in whole life cycle of such product. The facilities generating hazardous and toxic waste shall minimize the waste generated by adopting the following cleaner production principles (i) improvement of the production process through conserving raw materials and energy by eliminating the use of hazardous and toxic raw materials and reducing toxic emissions and hazardous wastes following the national environmental quality standards; (ii) monitoring the product cycle from beginning to end by eliminating potential negative impacts of the product, enabling the recovery and re-use of the product, and recycling.
The Minister shall be assisted in the discharge of his duties by (i) the Director of Environment, the National Focal Point, and the competent authority for the operation of the Prior Informed Consent Procedure and responsible for sectoral coordination, monitoring, and mobilization of stakeholders for control and management of hazardous waste; (ii) the Council, responsible for receiving and processing Notification and Movement Documents for export of hazardous waste as well as in-country applications involving control and management of hazardous waste; (iii) local government authorities and (iv) Environmental Inspectors with the powers of entering upon any premises where hazardous waste is stored, processed or disposed of, and inspecting any vehicle used for the transportation of hazardous waste.
With regard to the handling of hazardous waste, Part IV of these Regulations provide for packaging and labeling rules during operations such as selling, offering for sale, using, packing, storing, or transporting. In-country movements dealt with in Part V require (i) permits; (ii) applications for permits to manage, transport, collect, and store hazardous waste; (iii) conditions for granting these permits; (iv) labeling of the vehicle or other means of conveyance; (v) requirements for a permit to own or operate a plant, or facility, or site; (vi) validity of the aforementioned permits. The Focal Point for the transboundary movements of the hazardous waste, included in Part VI, is the Director of the Environment who shall closely liaise with the designated national authorities of other States. The movements of hazardous waste include (i) export, which requires an export permit issued by the Minister after the completion of the concerned conditions; (ii) import which requires an import permit after notification by the State of export; (iii) transit, which requires a transit permit issued by the Minister after notification from the competent authorities of the State of Export and the consent from the State of Import. Part VII deals with healthcare waste and provides for (i) packaging in containers approved by the Ministry; (ii) storage and disposal; (iii) transport and related permits; (iv) monitoring by a dedicated department at the Ministry. Part VIII treats the management of (i) pesticides waste, as per the Plant Protection Act, the Tanzania Pesticides Research Institute Act, the Veterinary Act, and the Public Health Act; (ii) radioactive waste, in designated sites in a manner approved by the Tanzania Atomic Energy Agency; (iii) the chemical waste, in designated sites per the Industrial and Consumer Chemicals (Management and Control) Act.
Date of text
Notes
These Regulations revoke the Environmental Management (Hazardous Waste Control and Management) Regulations, 2019.
Repealed
No
Source language

English

Legislation Amendment
No
Implements