Environmental Impact Assessment

Our company is planning to undertake a huge investment in the cotton industry and has obtained all the permits and licence for the carrying out of our project save for the environmental impact assessment certificate. We believe the authorities will not have an issue with our project since we have all the necessary documentation. In addition to this, a consultant informed us that not every project is required to obtain this certificate. However, our management team wants to be sure about this. Is it legal to undertake our project activities without this certificate as we do not see any environmental issues? Kindly guide us.
EM, Tabora

Matters concerning the environment are governed by the Environment Management Act, 2004 (EMA). According to EMA, Environment Impact Assessment (EIA) is a necessary requirement for projects listed in the Act. Section 81 of the EMA provides that any person, being a proponent or a developer of a project or undertaking of a type specified in the third schedule to the Act, to which environmental impact assessment is required to be made by the law governing such project or undertaking or in the absence of such law, by the regulations by the Minister, is required to undertake or cause to be undertaken, at his own cost, an environmental impact assessment study. Further, EIA study must be carried prior to the commencement or financing of a project or undertaking. Moreover, a permit or licence for the carrying out of any project or undertaking in accordance with any written law shall not entitle the proponent or developer to undertake or to cause to be undertaken a project or activity without an environmental impact assessment certificate issued under this Act. Be mindful that any person who contravenes the EIA requirement commits an offence.

For ease of understanding, the third schedule of EMA provides for projects which require EIA. These include in general: (a) any activity out of character with its surrounding; (b) any structure of a scale not in keeping with its surrounding; and (c) major changes in land use. Further, the schedule specifically lists project involving: Urban Development; Transportation; Dams, rivers and water resources; Aerial spraying; Mining, including quarrying and open-cast extraction; Forestry related activities; Agriculture; Processing and manufacturing industries; Electrical infrastructure; Management of hydrocarbons including the storage of natural; gas and combustible or explosive fuels; Waste disposal; Natural conservation areas; Nuclear Reactors; Major development in biotechnology including the introduction and testing of genetically modified organisms; and any other activity as may be prescribed in the Environmental Management (Environmental Impact Assessment and Audit) Regulations, 2005. Please comply with the law to avoid trouble with the authorities as it likelier than not that you will need an EIA in place. You may consult your lawyer for further guidance.

SIM card for short stay

I am a lifestyle online content creator based in Dubai and intend to travel to Tanzania for a celebrity wedding. I understand that I may have to buy a SIM card to access the internet and continue posting content online. My host informed me that it is difficult to buy a sim card due to legal restrictions in the country. Please guide me on these restrictions.
DL, Dubai

It is true that there are legal requirements when it comes to buying a SIM card in Tanzania. One of these requirements is that a SIM Card must be registered for it to be used. According to Regulation 4 of Electronic and Postal Communications (Sim Card Registration) Regulations, 2020 (GN. No. 112 of 2020) (the Regulations), any person who owns, controls or intends to use a detachable SIM Card, built-in SIM Card mobile telephone or SIM enabled mobile communication equipment or device must- (a) register biometrically the SIM Card or built in SIM Card mobile telephone or SIM enabled mobile communication equipment or device with the respective licensee or authorized distributor, agent or dealer in manner set out in these Regulations; (b) ensure that PIN of his SIM Card is not shared with any other person; and (c) notify the service provider on the change of user or usage for each SIM Card under his possession.

The Regulations recognize various categories of biometric SIM Card registration. These include a company, diplomat, individual, institution, foreigner, minor, refugees, visitor or any other categories as may be determined by the Tanzania Communication Regulatory Authority from time to time. You have not informed us the duration of your stay in Tanzania. However, since you are coming for a wedding, we presume that this will be a short stay.  According to the Regulations, you will be regarded as a visitor, which means a non-citizen who is not a diplomat and intends to stay in the United Republic for a period of not more than 4 months.  For that reason, you will fall under the visitor biometric SIM Card registration category, which is the biometric registration of SIM Cards to be used solely by a visitor.

The procedure for registration of SIM Cards relevant to your category is provided under Regulation 5(1)(f). The Regulation states in summary that where a customer is a visitor, SIM Card will be registered under visitor biometric SIM Card registration category at customer centres, service providers’ shops or agents’ shops in the following manner- (i) visitors will be required to present certified copies of valid passports with valid visa; (ii) visa exempt visitors will be required to present a certified copy of valid passport; (iii) service provider will conduct fingerprint verification of visitors with NIDA or Immigration Department for biometric SIM Card registration; (iv) service provider will keep the details of the visitors; and (v) registered SIM Card shall bear the name of the visitor. The process is not difficult and you should be able to get a sim card easily. Welcome to Tanzania.