The Environmental Management (Registration and Practice of Environmental Experts) Regulations, 2021

Environmental experts are expected to act with integrity, diligence, fairness, and impartiality, and to help society address environmental challenges.

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Jurisdiction: Tanzania
Instrument: Regulation
Citation: The Environmental Management (Registration and Practice of Environmental Experts) Regulations, 2021
Version: Undated source snapshot
Language: en
Official source: View official record ↗

Anti-corruptionapproval process audits certification client communication competence compliance confidentiality conflict of interest continuing professional development credentials disclosure environmental assessment environmental assessments environmental audit environmental compliance environmental considerations environmental expert conduct environmental expert opinions environmental expertise environmental experts environmental impact assessment environmental management environmental services +24 more

Statute overview

About this statute

Environmental experts are expected to act with integrity, diligence, fairness, and impartiality, and to help society address environmental challenges. The provision states the Code’s objectives: environmental experts in Tanzania must meet minimum professional conduct standards and support an ethical culture. This section says the Code applies to registered and certified environmental experts and to registered and certified firms of environmental experts. Environmental experts must exercise the knowledge, skill, judgment, and care reasonably expected by the public or their peers, and have regard to profession and performance standards. An environmental expert must not engage in professional misconduct or fraudulent or dishonest behaviour in professional practice.

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Provisions of The Environmental Management (Registration and Practice of Environmental Experts) Regulations, 2021

Showing 43 of 43

1
Citation
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AI-assisted research summary: Environmental experts are expected to act with integrity, diligence, fairness, and impartiality, and to help society address environmental challenges.

1. Preamble PART I CODE OF CONDUCT Sustaining the viability of the environment is a broad responsibility for all citizens. In recognition of this societal obligation, environmental experts should take an active and supportive role to facilitate society in addressing existing and future environmental challenges. technical knowledge and professional understanding Environmental experts capitalize in accomplishing their work that ultimately contribute in enhancing national economy, with due regard to sustainable development. Indeed, environmental management profession has a direct and substantial impact on the quality of life for all. Consequently, integrity and ethical standards ought to be a keystone in their professional conduct and discharge of duties. Environmental experts are therefore bound to apply their knowledge and practice with due diligence, fairness and impartiality to all, for the benefit of mankind and the environment.

Part

PART I

2
Application
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AI-assisted research summary: The provision states the Code’s objectives: environmental experts in Tanzania must meet minimum professional conduct standards and support an ethical culture.

2. Objectives The objectives of this Code shall be to- (a) set out the minimum levels of professional conduct required to be met by an environmental expert in Tanzania so that they can carry out their roles within a framework of integrity, consistence and competency; and (b) promote and support an ethical culture among environmental experts.
3
Interpretation
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AI-assisted research summary: This section says the Code applies to registered and certified environmental experts and to registered and certified firms of environmental experts.

3. Application This Code shall apply to- (a) all registered and certified environmental experts; and (b) all registered and certified firms of environmental experts.
4
Objectives
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AI-assisted research summary: Environmental experts must exercise the knowledge, skill, judgment, and care reasonably expected by the public or their peers, and have regard to profession and performance standards.

4.1 Bring knowledge, skill, judgment and care to the task (1) An environmental expert shall bring to the professional task knowledge, skill, judgment and care that are of a standard which might reasonably be expected by the public or the environmental expert’s professional peers. (2) In considering the appropriate standards, environmental experts shall have regard to the profession and performance standards.
4
Objectives
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AI-assisted research summary: An environmental expert must not engage in professional misconduct or fraudulent or dishonest behaviour in professional practice.

4.2 Not engage in professional misconduct, or fraudulent or dishonest behaviour An environmental expert shall not- (a) engage in professional misconduct; or (b) engage in fraudulent or dishonest behaviour in the professional practice.
4
Objectives
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AI-assisted research summary: An environmental expert must speak and give evidence fairly, honestly, and only with adequate knowledge.

4.3 Communicate with fairness, honesty and adequate knowledge 46 Environmental Management (Registration and Practice of Environmental Experts) GN. NO. 267 (Contd.) An environmental expert shall, both orally and in writing, express opinions, make statements, and give evidence with fairness, honesty, and only on the basis of adequate knowledge.
4
Objectives
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AI-assisted research summary: An environmental expert must not offer, promise, give, or accept inducements meant to improperly influence decisions or secure work.

4.4 Not promise, accept or give inducements An environmental expert shall not- (a) promise to give or give to any person anything intended to improperly influence that person’s decisions as they relate to his services or to secure work; or (b) accept from any person anything intended to improperly influence his decisions.
4
Objectives
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AI-assisted research summary: An environmental expert must work only within their competence, not misrepresent competence, and not allow supervised staff to break those rules.

4.5 Work within area of competence and not misrepresent competence An environmental expert shall- (a) provide professional services only within their area of competence; (b) not misrepresent their competence; (c) not permit those who works under their supervision to breach paragraph (a) or paragraph (b); (d) recognize where other professional advice is required and either seek it or recommend to an employer and/or client to seek such expert advice in appropriate areas.
4
Objectives
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AI-assisted research summary: If an environmental expert supervises someone carrying out professional services, the expert must be competent, keep sufficient control, and take full professional responsibility.

4.6 Supervision When environmental expert supervises a person in the carrying out of professional services, he shall- (a) be competent in and have sufficient knowledge of the professional services carried out; (b) have sufficient control over any outputs of the professional services to reasonably form the view that the standard of the professional services is that to be expected of the environmental expert; and (c) take full professional responsibility for the professional services provided by the supervised person.
4
Objectives
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AI-assisted research summary: An environmental expert must keep developing relevant knowledge, skills, competence, and expertise, help others do the same, and document CPD activities.

4.7 Continue to develop knowledge, skills, and expertise An environmental expert shall- (a) continue to develop relevant knowledge, skills, competence and expertise throughout their careers, especially in their area(s) of expertise; (b) assist and encourage those with whom they are associated to do likewise; and (c) ensure that they have documented their CPD activities which can be used to verify that they meet certain minimum criteria in respect of CPD of the relevant assessment entity.
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: Section heading on obligations to clients and/or employers.

5. Obligations to Clients and/or Employers
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: An environmental expert must act truthfully and objectively and must not knowingly mislead clients, employers, or the public, or knowingly misrepresent a situation.

5.1 Truth and objectivity An environmental expert shall act truthfully and objectively, and not knowingly mislead clients, employers or the public in the provision of information, opinions, statements and evidence, nor knowingly misrepresent a situation.
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: An environmental expert who claims to provide professional services at a place must be there in time to provide them.

5.2 Where professional services are provided (a) (b) if an environmental expert claims, or holds out, or is held out as providing professional services at a place, the environmental expert shall ensure they are at the place timely to provide the services; and if professional services are performed at another office, a temporary office or by an unsupervised person, the place shall accept responsibility for the professional services performed. the environmental expert at 47 Environmental Management (Registration and Practice of Environmental Experts) GN. NO. 267 (Contd.)
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: An environmental expert who is offering or जिम्म taking responsibility for a professional service must take reasonable steps to tell clients who they are and how to contact them, and to provide details when responsibility changes or third-party experts are used.

5.3 Providing information (including correspondence and advertising) about an environmental experts An environmental expert offering or taking responsibility for a professional service shall take reasonable steps to- (a) advise clients of their name and contact details; (b) if another environmental expert becomes responsible for the professional service, advise clients of their name and contact details; and (c) if third party experts are used to provide advice or assistance to inform the expert of their role, advise the client of their names, contact details and credentials to provide advice.
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: An environmental expert must take reasonable steps to tell clients or employers about professional concerns and the likely consequences when advice, decisions, or judgments are overridden or ignored.

5.4 Inform client or employer of consequences of disregarded advice An environmental expert shall take reasonable steps to make clients or employers aware of professional concerns regarding particular actions or projects and of the likely consequences if professional advice, decisions, or judgments are overruled or disregarded.
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: Environmental experts must disclose any actual or possible conflict of interest to a client or employer when they discover it.

5.5 Disclose actual and potential conflicts of interest (1) An environmental expert shall disclose any actual or possible conflict of interest to a client or employer upon discovery of that actual or possible conflict of interest. (2) Conflicts of interest includes any financial or other interest that is likely to, or may reasonably be perceived to, affect the environmental expert’s judgment on any professional services carried out for that client or employer.
5
Establishment and composition of Environmental Experts Advisory
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AI-assisted research summary: Environmental experts must not disclose or misuse confidential information except with agreement, to prevent serious immediate risk to health or safety, or when required or entitled by law.

5.6 Not disclose or misuse confidential information (1) An environmental expert shall not disclose confidential information of an employer or client without the agreement of that client or employer except if- (a) the failure to disclose information would place the health or safety of people at significant or immediate risk; or (b) the environmental expert is required or entitled by law to disclose that information. (2) An environmental expert who obtains another person’s confidential information in connection with one purpose in the course of professional services shall not use that information for another purpose without the agreement of that person.
6
Functions of Committee
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AI-assisted research summary: An environmental expert must take reasonable steps to learn about, and inform clients and employers about, possible social, environmental, economic, and other consequences of professional services.

6.1 Social, environmental, economic and other possible consequences An environmental expert shall take reasonable steps to be informed, and to inform clients and employers, of the social, environmental, economic, and other possible consequences that might arise from professional services.
6
Functions of Committee
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AI-assisted research summary: An environmental expert must act honestly, fairly, without unjustified discrimination, and with due respect for others’ rights and the written laws that apply to the services provided.

6.2 Honesty, integrity, fairness and without discrimination An environmental expert shall act with honesty, integrity, fairness, without unjustified discrimination and with due respect for the rights of others and written laws in which professional services are provided.
6
Functions of Committee
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AI-assisted research summary: An environmental expert must take reasonable steps to protect public health, welfare, and safety.

6.3 Health, welfare and public safety An environmental expert shall take reasonable steps to safeguard the health, welfare, and the safety of the public including- (a) identifying hazards; (b) assessing micro and macro risks; and (c) implementing appropriate controls to manage risk. 48 Environmental Management (Registration and Practice of Environmental Experts) GN. NO. 267 (Contd.)
6
Functions of Committee
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AI-assisted research summary: An environmental expert must consider reasonably foreseeable effects on the natural environment and take reasonable steps to reduce reasonably foreseeable adverse effects of professional services.

6.4 Effects on the natural environment An environmental expert shall- (a) have regard to reasonably foreseeable effects of professional services on the natural environment; and (b) take reasonable steps to reduce reasonably foreseeable adverse effects of professional services on the natural environment. PART II PROFESSIONAL OF ETHICS

Part

PART II

7
Procedure of meetings of Committee
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AI-assisted research summary: An environmental expert should carry out professional work, as far as possible, in line with sustainable development, strong environmental protection standards, and relevant laws.

7. Use of principles of sustainable development An environmental expert shall carry out his professional activities, as far as possible, in accordance with the principles of sustainable development and the highest standards of environmental protection and in compliance with relevant laws, including, the Environmental Management Act, 2004 and the Regulations made under it.
8
Tenure of office of members of Committee
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AI-assisted research summary: An environmental expert must always put the integrity of the environment above private interests.

8. Protection of the integrity of the environment An environmental expert shall at all times place the integrity of the environment including conservation and sustainable use of the biophysical environment to address poverty and the social welfare, health and safety aspects of the socio-economic environment, above any commitment to private interest.
9
Cessation of membership
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AI-assisted research summary: An environmental expert must promote environmental considerations early in project design or development.

9. Promotion of environmental consideration An environmental expert shall promote the incorporation of environmental considerations from the earliest stages of project design or development.
10
Disclosure of interest
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AI-assisted research summary: An environmental expert must clearly separate facts from opinions in their work.

10. Separation of facts and opinions An environmental expert shall, clearly, differentiate between facts and opinions in his work.
11
Remuneration
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AI-assisted research summary: An environmental expert must stay informed about advances in environmental impact assessment or environmental audit practice and use that knowledge in professional work, to the best of the expert’s ability.

11. Advancement in knowledge by expert An environmental expert shall, to the best of his ability, keep informed of advances in environmental impact assessment practice or environmental audit practice and shall integrate such knowledge in his professional activities.
12
Designation of Registrar
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AI-assisted research summary: An environmental expert must not misrepresent qualifications or exaggerate responsibility for professional work.

12. Misrepresentation of qualifications An environmental expert shall not misrepresent or allow or permit misrepresentation of his own or associates’ academic or professional qualifications nor exaggerate his degree of responsibility of any work of a professional nature.
13
Functions of Registrar
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AI-assisted research summary: An environmental expert must follow the Regulations, the profession’s code of ethics, best available practice, and act professionally, accurately, truthfully, and without bias.

13. Professional conduct of environmental expert (1) An environmental expert shall conduct his work in accordance with these Regulations and code of ethics of the profession to which he belongs. (2) An environmental expert shall conduct his profession in accordance with the best available practice, taking into account advancement in science and technology. (3) An environmental expert shall act professionally, accurately, truthfully, and in un- biased manner.
14
Categorization of environmental experts
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AI-assisted research summary: An environmental expert must not intentionally give inadequate, false, or misleading information.

14. Adequacy of information An environmental expert shall not intentionally communicate inadequate, false or misleading information that may compromise the integrity of any assessment or audit or the approval process.
15
Categorization of firms of environmental experts
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AI-assisted research summary: Environmental experts must follow Tanzania’s laws, the code of conduct, ethical principles, and their profession’s standards, and should work to improve the profession.

15. Responsibility to the law and to the profession 49 Environmental Management (Registration and Practice of Environmental Experts) GN. NO. 267 (Contd.) (1) An environmental expert shall abide by the laws of Tanzania, uphold the code of conduct, honour his profession and adhere to ethical principles. (2) An environmental expert shall strive to enhance the profession of environmental experts.
16
Qualifications for registration of environmental expert
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AI-assisted research summary: An environmental expert must not act in a way likely to damage the committee’s reputation or functions.

16. Integrity to the Committee An environmental expert shall not act in any way that is likely to prejudice the reputation of the committee and its functions.
17
Qualifications for registration of firm of environmental experts
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AI-assisted research summary: An environmental expert must make sure their actions or omissions do not harm the public or the environment.

17. Responsibility to the public An environmental expert shall ensure that no action or omission on his part or within his sphere of responsibility is detrimental to the interest, condition or safety of the public and the environment.
18
Application for registration of environmental expert
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AI-assisted research summary: An environmental expert must not take on work that is beyond their qualifications.

18. Professionalism An environmental expert shall not undertake or accept any work beyond his qualifications.
19
Application for registration of firm of environmental experts
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AI-assisted research summary: An environmental expert must not let anyone practice under the expert’s name.

19. Unqualified persons An environmental expert shall not allow any person to practice in his name.
20
Determination of application for certificate of registration
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AI-assisted research summary: An environmental expert must not sign or add their name to an environmental impact statement, audit report, or audit if it was not prepared by them or their supervised staff, or if it contains false information.

20. Signing of the statement of the study or report (1) An environmental expert shall not sign or put his name to an environmental impact statement or audit report that is not prepared by him, or by staff under his supervision. (2) An environmental expert shall not sign or put his name to an environmental impact statement or audit that contains false information.
21
Notification
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AI-assisted research summary: An environmental expert must not breach the terms of their contract with the developer, owner, or operator.

21. Breach of terms An environmental expert shall not breach the terms of his contract with the developer, owner or operator.
22
Publication of registered environmental experts
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AI-assisted research summary: An environmental expert must not do anything that discredits the profession or an environmental impact study or audit study, and must expose illegal or unethical conduct without fear or favour.

22. Illegal activities An environmental expert shall not engage in activities that bring discredit to his profession or to the delivery of an environmental impact study or audit study and shall expose without fear or favour all those engaged in illegal or unethical conduct.
23
Certificate of registration
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AI-assisted research summary: An environmental expert must not advertise, solicit professional business, or entice developers, owners, or operators away from other environmental experts.

23. Advertising An environmental expert shall not, directly or indirectly, apply or seek instruction for professional business or, in carrying out of his practice, do or permit any act or thing which can be reasonably regarded as advertising and shall not entice the developer, owners or operators from other environmental experts.
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25. Restriction on practicing of environmental experts
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AI-assisted research summary: An environmental expert must not give an opinion on an environmental impact study or audit study if he has a substantial interest, unless he discloses the nature of that interest when speaking.

24. Disclosure of conflicting interest An environmental expert shall not give an opinion on an environmental impact study or audit study in which he has substantial interest, unless he discloses the nature of the interest when expressing his opinion.
25
Restriction on practicing of environmental experts
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AI-assisted research summary: Environmental experts must not disclose classified information from their work without consent, and environmental auditors must not disclose audit information without prior written approval unless the law requires it.

25. Confidentiality (1) An environmental expert shall not disclose classified information acquired in the course of his professional engagement to any person other than the developer, owner, operator or the Council without the consent of the developer, owner, operator or the Council. (2) In the case of an environmental audit, an environmental auditor shall not disclose any information relating to audit without prior written approval from the owner or operator of the audited facility, or the auditing organization, unless required by the law. 50 Environmental Management (Registration and Practice of Environmental Experts) GN. NO. 267 (Contd.)
26
Application for practicing certificate for environmental expert
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AI-assisted research summary: An environmental expert must not take advantage of a developer, owner, operator, or the public because of their lack of experience, understanding, literacy, or other personal shortcomings for personal gain or someone else’s gain.

26. Exploitation An environmental expert shall not exploit the lack of experience, lack of understanding, illiteracy or other personal shortcomings of a developer, owner or operator or the public for his personal benefit or benefit of any other person.
27
Application for practicing certificate for firm of environmental
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AI-assisted research summary: An environmental expert must not accept bribes, gifts, commissions, discounts, or other inducements.

27. Undue advantages (1) An environmental expert shall not accept any instructions which involves the giving or receiving of discount or commission, or accept any form of bribe, gift, from the sector Ministry or Department, the private sector, non- governmental organizations and the public, or any other person. (2) An environmental expert shall not accept any, commission, gift, or other inducement from the owner or the operator, or employee or agent of the operator or owner or any other interested party when carrying out environmental audit or allow any person to do so.
28
Issuance of practicing certificate
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AI-assisted research summary: An environmental expert must not represent conflicting or competing interests and must disclose any relationship that could affect judgment before starting work.

28. Competing or conflicting interest An environmental expert shall not represent conflicting or competing interest and shall disclose to any client or employer any relationship that may influence his judgment prior to the carrying out of work. Dodoma UMMY A. MWALIMU 8th March, 2021 Minister of State, Vice-President’s Office (Union Matters and Environment) 51

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