INADEQUACIES IN WATER LEGISLATION FOR WATER RESOURCES MANAGEMENT: EXPERIENCES FROM TANZANIA

Abstract

Water legislation is one of the instruments that are used to streamline social behaviour towards water resources management. However, the pieces of water legislation in most of the developing countries, Tanzania in particular, have many weaknesses that affect their enforcement. This paper aims at presenting some of the weaknesses present in Tanzanian pieces of water legislation. The majority of the pieces of legislation are outdated and where fines are prescribed are too low to compensate for any damage caused. They are generally based on control and command principle rather than sustainable use of the resource. Community participation is generally neglected, as too much power is concentrated to the executives. Provisions protecting the quality and quantity of water resources are scattered in various government departments. Thus, in order to achieve sustainable water resources management there is a need of having comprehensive, cost effective and environmentally sound water legislation, which takes into account the existing weaknesses. There should be an autonomous regulatory organ with legal powers to enforce the laws and oversee environmental matters. Environmental impact assessment must become a statutory obligation for any planned projects so as to reduce their impacts to water resources and environment in general.