3.1.4 Ilala Municipality (Environmental Cleanliness) By-Law of 2011

107
3.1.4 Ilala Municipality (Environmental Cleanliness) By-Law of 2011

108
The by-law which is established by the Ilala municipal council on waste management
109
vide the Act provides for various ways of waste management inter alia being solid
110
waste at local level, for instance section 4 (1) prohibits disposal of the waste
including but not limited to solid waste in the places which are not set aside for such
purpose. Correspondingly, section 4(2) of the same by-law directs every household
within the Municipality to have separate storage facility for solid waste.
111
Section 4 (3) of the established by-law requires the waste carriage trucks to be tighten
to the extent that the carried waste is not seen and does not fall down on the way when
transported for disposal. Section 5 (1) of the by-law imposes refuse collection fees to
every household for the transportation of the solid waste from their households to waste
disposal centres.
112
The by-law also, under section 17 imposes penalty to defaulters and on conviction the
penalty is payment of money at the tune of not less than fifty thousand (50,000/=)
Tanzanian Shillings (Tshs.) or sentence of not less than twelve (12) months in jail or
altogether.
The research found this by-law adequate saving for some few censures in the sense that
it provide for the wide coverage in solid waste management arena ranging from solid
waste management strategies to the reprimands and penalties on default. However,
practice in Ilala municipality with regard to this by law is not upright as the law
enforcers and other stakeholders do not fully implement the same. This makes the
effectiveness of this by-law in question.
107 Government Notice No. 111 of 18th March , 2011

108
Ibid
109 The Local Government (Urban Authorities) Act [CAP 288 RE 2002]
110 Ilala Municipality (Environmental Cleanliness) By-law of 2011 [G.N 111 of 2011]
111 Ibid
112 Ibid
34
3.2.0 Institutional Framework
113
The Environmental Management Act being the fundamental law on environmental
management and protection provides for the institutional framework for environmental
management and protection in Tanzania inter alia being solid waste management.
The Institutional framework is categorically divided into three levels which lie from the
national (central) level, regional level and local level. Hereunder are the institutions in as
far as environmental management specifically solid waste management concerns;-
3.2.1 Institutions at National (Central) Level
114
The Act provides for the institutional arrangement from the central level to include
various central government institutions. The following is the arrangement of the
institutions dealing with environmental management and protection inter alia being solid
waste management in the central or national level;-
3.2.1.1 The Minister Responsible for Environment
115
The Act gives powers to the minister concerning with environment as the overall
responsible person or institution for matters relating to environment and shall in that
respect be responsible for articulation of policy guidelines necessary for the promotion,
protection and sustainable management of environment in Tanzania.
116
Section 13(2) authorizes the minister to issue general guidelines to the sector
Ministries, Government Department, the Council, National Environment Advisory
Committee, City, Municipal or District Environmental Management Committee, agency
or any other public or private institutions for the purposes of implementation of/or
giving effect to the provisions of this Act.
113 Act No. 20 of 2004

114 Ibid,
115 Ibid, Section 13 (1)
116 Ibid,
35
3.2.1.2 The National Environmental Advisory Committee
The National Environmental Advisory Committee herein to be referred to as

117
Committee is established vide section 11(1) of the Act and is composed of
members whose experience reflects various fields of environmental management in
118
the public, private sector and civil society. The fundamental function of this
Committee is to advise the minister responsible for environment or any sector
ministry on any matter which may be referred to it.
However, the Committee particularly examines any matter which may be referred to
it by the Minister or any sector ministry relating to the protection and management
of the environment and shall recommend to the ministry or sector ministry, as the
case may be, such action as in necessary for achieving the objectives of this
119
Act. Also, the Committee reviews and advises on any environmental standards,
guidelines and regulations which are to be made pursuant to the provisions of this
Act.
3.2.1.3 The Director of Environment
120
The Director of Environment is established vide Section 14 of the Act which
provides that “there shall be the Director of Environment and such other officers as
may be necessary for proper discharge of the functions of the office of the Director
of Environment.”
On matters pertaining to the management of the environment the Director of

Environment among the other things has to coordinate various environment
management activities being undertaken by other agencies and promote the integration
of environment considerations into development policies, plans, programmes, strategies,
projects and undertake strategic environmental assessment with a view of ensuring the
proper

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107

3.1.4 Ilala Municipality (Environmental Cleanliness) By-Law of 2011

107 Government Notice No. 111 of 18th March , 2011

3.2.1 Institutions at National (Central) Level

3.2.1.1 The Minister Responsible for Environment

113 Act No. 20 of 2004

The National Environmental Advisory Committee herein to be referred to as

3.2.1.3 The Director of Environment

On matters pertaining to the management of the environment the Director of

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