| dc.description |
This work presents on analysis of the implementation of the polluter pay principle in Tanzania. Recently this principle has been addressed in the exercises on preservation of our environment that those who pollute should bare the consequence of the damage that they cause or to the adverse effects that the industries causes in the exercise of manufacturing their products. It appears that the responsible organs fail to exercise this principle due to the fact that the laws are silence on the assessment of the cost to be paid by polluters but also there no specific organ to deal with polluters only instead the people who pollute in numbers of occasion are left unattended. Therefore, the research aims at capturing legal and regulations aspects related to the principle in order to provide a full picture of the problem of the issues at stake, by first defining and showing how the principle works. The research was in Dar es salaam region, for the belief that the selected case study would represent all other region in Tanzania. The researcher employed different method in collection of data proving the seriousness of the problem that exist and situation in the regulation aspects surrounding the problem which included methods , such as; observation , questionnaire and interview as well as library ,but also the researcher used extensively online resources from legal and learning institutions and various records. The researcher tried to present a brief look at some occurring issues in the application of the principle which some include; Assessment on damaged caused , responsibility of polluter , burden of polluters , categories of pollution , extent of pollution , presumption of pollution included , damage included in the payment and extent to which reparation observed. The researcher collected different findings from both at field and out of the field. In the analyzed findings the researcher discovered two problems which led to the ineffectiveness of the application of the polluter pay principle in Tanzania mainland. Which were; there were no laws governing techniques and measure to be taken in addressing the costs to be paid by the polluter and the other problem the law does not state to what extent is one is said to pollute and repair the damage caused .Lastly the Researcher through this study she managed to draw valuable recommendations from the findings, the recommendations are forward to government so as to enact new laws particularly on the aspect of assessment of the cost to be paid by the polluter as in to not bring confusion to whom should be liable and not be liable to in case of pollution of the environment , establishment of special environmental tribunals to deal with such environmental matters , amendment of the environment management act no.20 0f 2004 , spreading awareness to the society on the polluter pay principle and lastly the enforcement tools for implementation of environmental laws. |
|