Tanzania: The Carbon Trading Regulations of 2022

Objective of the Regulations

 

The Regulations were enacted to provide for the control and management of carbon trading projects in Tanzania. They provide a legal framework necessary for sustainable environmental management that enhances environmental conservation and the country’s contribution towards global efforts on greenhouse gases emissions reduction.

 

The requirement to register a carbon trading project

There are two (2) requirements:

 

• a person shall not operate a carbon trading project that has not been registered with the Registrar; and
• for the project to be registered with the Registrar, it needs to have the following elements:

 

        -   obtain a letter of consent and participation of partners engaged in the              project;
        -   have clearance of ownership of the property involved in the project;
        -   involve the local communities in the implementation of the project;
        -   disclose relevant project information including costs incurred, verified                emission reductions and estimated revenues;
        -   indicate expected employment creation to the national experts and                    local communities;
        -   indicate commitment to corporate social responsibility;
        -   adhere to national priority carbon trading sectors;
        -   be in line with national policies laws and strategies;
        -   show how the project will contribute to the Nationally Determined                      Contributions;
        -   adhere to transparency and fairness in business; and
        -   adhere to national investment priorities, ecological, social, cultural and              economic safeguards.

Steps to establish and operate carbon trading projects

 

• the project proponent or Managing Authority shall apply for approval of the carbon trading project idea to the Designated National Authority or National Focal Point by filling the application form prescribed in the First Schedule;  
• the completed application form shall be accompanied with proof of payment of a non-refundable application fee of between USD 250 (for citizens) and USD 500 (for non-citizens) as prescribed in the Second Schedule;
• the Designated National Authority or National Focal Point shall within thirty (30) days process and respond to the proponent on the registration of the project idea;
• where the requirements for application have been complied with the Designated National Authority or National Focal Point shall direct the proponent or the Managing Authority to develop a Project Concept Note. The project proponent (in collaboration with Managing Authority or project partners) shall have ninety (90) days from the date of registration of the project idea to develop a Project Concept Note.
• the Project Concept Note shall then be submitted to the Designated National Authority or National Focal Point for review and scrutiny accompanied by proof of payment of project registration fees (1% of the expected CER from the project) as prescribed in the Second Schedule and consent from the Managing Authority in the form of extract minutes in line with established procedures of the respective authority;
• the Designated National Authority or National Focal Point shall within thirty (30) days of receiving the Project Concept Note issue a letter of no objection for a qualified Project Concept Note as prescribed in the Third Schedule or a letter of recommendation for improvement of the Project Concept Note;
• the project proponent (in collaboration with Managing Authority or project partners) shall have twelve (12) months to develop a Project Document after obtaining the letter of no objection. The proponent may by way of written notice request for an extension of time by stating the reasons for the delay to develop and submit the Project Document and an extension time of not more than six (6) months may be given;
• the Project Document submitted to the Designated National Authority or National Focal Point must abide by accepted international standards on carbon trading including validation of the project where required;
• the Designated National Authority or National Focal Point shall within thirty (30) days from the receipt of the Project Document and upon satisfaction that the Project Document meets all the requirements, submit to the Minister responsible for environment (the Minister) the project proposal for endorsement of implementation (the letter of endorsement shall be prescribed in the Fourth Schedule); and [3]
• the proponent shall within two (2) years after receiving the endorsement start implementing the project.
  
  

Instances where the endorsement may be cancelled

 

The endorsement for project implementation may be cancelled in the following circumstances:

 

• where the proponent has voluntarily cancelled the project by submitting an official notice;
• where the endorsement was obtained through misrepresentation;
• where the continued operation of the project activity is likely to be injurious to the environment or human health;
• where the project activities are overridden by other public interests;
• where there was insufficient or holding of information in the application process;  
• failure to submit the Project Concept Note or Project Document within the prescribed time;
• failure to commence the project activities within the prescribed time; and
• non-compliance with the project requirements as stipulated under the Regulations.
  
  

Offences and penalties

 

It is an offence to:

 

• provide false, misleading or deceptive information in order to secure an endorsement;
• to fail to furnish information related or connected to the project as required by the provisions of the Regulations;
• violate any conditions attached to the grant of endorsement under the Regulations; and
• implement a carbon trading project without endorsement issued under the Regulations.
  
  

Any person who violates the provisions of the Regulations commits an offence and upon conviction shall be liable to a fine of not less than TZS 10 million (equivalent to USD 4,279) but not exceeding TZS 10 billion (equivalent to USD 4,279,000) or imprisonment for a term not exceeding twelve (12) years or to both fine and imprisonment. In addition, a person convicted of any of the above offences shall be prohibited from engaging in any carbon trading project.

 

The review process

 

• a person aggrieved by any decision made under the Regulations save for a decision of the Minister may appeal to the Minister;
• without prejudice to the above, any person who is aggrieved by the decision of the Minister may apply for a review to the Minister; and
• the appeal or review above shall be determined by the relevant authority within fourteen (14) days from the date of receipt of the appeal or review.