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Environmental degradation is the deterioration of the environment through depletion of

resources such as air, water and soil; the destruction of ecosystems and the extinction of wildlife
(Choudhary et al. 2015). Environmental Law identifies five pollutions: Land pollution, Water
and marine pollution, Air pollution, Noise pollution and Soil pollution.
Remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction,
enforces a right, imposes a penalty, or makes another court order to impose its will in order to
compensate for the harm of a wrongful act inflicted upon an individual (NAPBHR, 2017).
Section 226 of EMA 2004 identified the range of remedies to enforce environmental standards
and duties such as; Injunctions; Fines; Compensations; Restoration orders; and Imprisonment;
Injunctions; Is a legal and equitable remedy in the form of a special court order that compels a
party to do or refrain from specific Act. When a court employs the extraordinary remedy of
injunction, it directs the conduct of a party, and does so with the backing of its full coercive
powers (Wikipedia)
Fines; is a penalty of money that a court of law or other authority decides has to be paid as
punishment for a crime or other offence. The amount of a fine can be determined case by case,
but it is often announced in advance (Albert, 2010).
Compensations; mean something, typically money, awarded to someone in recognition of loss,
suffering, or injury. Any person who violates environmental protection standards causing any
damage shall compensate for the damages and costs of remedying the consequences (Section 228
of EMA 2004).

Restoration Orders; means an order issued under section 151 of EMA 2004; an environmental
restoration order shall be issued to: require the person on whom it relates to restore the
environment as near as it may be to a state in which it was before the taking of the action which
is the subject of the order; Award compensation to be paid by the person on whom it relates or to
other persons whose environment or livelihood has been harmed by the action.

Imprisonment; is the act of confining someone in a prison or as if in a prison. Imprisonment is


carried out generally as a penalty imposed by a court. Sometimes when someone pollutes an
environment may be faced by both, fines as well as imprisonment to jail several years.
Forfeiture Cancellation: The court decision where by a person is charged with an offence
against a particular Act or any regulations made under that Act. Also community may direct that,
if it is satisfied that an offence was committed orders notwithstanding that no person has been
convicted of the offence, order that the substances, equipment and appliances used in the
commission of the offence be forfeited to the Government and, be or disposed of in the manner
as the court may determine.
Examples of Environmental Destruction Remedies

Remedy for Water Pollution


According to the Water resources Management Act, (2009) any person who pollutes the water in
any river, stream or water course or in any body of surface water to such extent as to be likely to
cause injury directly or indirectly to public health, to livestock or fish, to crops, orchards or
gardens which are irrigated by such water or to any products in the processing of which such
water is used commits an offence and shall be liable on conviction to a fine of not less than one
million shillings and not more than ten million shillings or to imprisonment for a term of not less
than six months but not more than two years or to both.
Remedy for Air Pollution
According to the Environmental Management (Air Quality Standards) Regulations, (2007) a
person who contravenes any air quality standards for which no other penalty is specifically
provided for contravenes a measure prescribed under these Regulations for which no other
penalty is specifically provided, shall be liable on conviction to a fine of not less than five
hundred thousand shillings and not exceeding ten million shillings.
Remedy for Soil Contamination
According to the Environmental Management (Soil Quality Standards) Regulations, (2007) a
person who contravenes any soil standards for which no other offence is specifically provided
for; or contravenes a measure prescribed under these regulations for which no other offence is
specifically provided, shall be liable on conviction to a fine of not less than five hundred
thousand shillings and not exceeding ten million shillings or to imprisonment for a term of not
less than six months and not exceeding five years.
Remedy for Biological Diversity Offences
A person who trades, possesses, or disturbs the habitat, of a component of biological diversity in
contravention of guidelines and measures prescribed under sections 66, 67 and 68 or other
provisions, of this Act commit an offence and shall be liable on conviction to a fine not
exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both.
REFERENCES
Amato, Albert (2010). "Reference Guide to Reinsurance 2010 Edition". Business insurance: 219
Choudhary, Dr. Mahendra & Chauhan, Govind & Kushwah, Yogesh. (2015). Environmental
Degradation: Causes, Impacts and Mitigation.
Judicial remedy – National Action Plans on Business and Human Rights. globalnaps.org. 2017-
11-03. Retrieved 2020-01-25
Mahalu, C. (1989). Environmental Degradation and The Law in Tanzania. Verfassung Und
Recht in Übersee / Law and Politics in Africa, Asia and Latin America, 22(4), 460-473.
Retrieved July 11, 2020, from www.jstor.org/stable/43109907
(NAPBHR), National Action Plans on Business and Human Rights, 2017.
Sabilla, K. (2017). Environmental Degradation and Poverty Nexus: Evidence from Coral Reef
Destruction in Indonesia. Journal of Indonesian Social Sciences and Humanities, 7(2),
81-93.
The United Republic of Tanzania. The Environmental Management (Air Quality Standards)
Regulations, 2007
The United Republic of Tanzania. The Environmental Management (Soil Quality Standards)
Regulations, 2007
The United Republic of Tanzania. The Environmental Management Act, 2004

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