Legal Framework for Irrigation Development in Tanzania

8/14/2019 Legal Framework for Irrigation Development in Tanzania

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LEGAL FRAMEWORK FOR

IRRIGATION DEVELOPMENT INTANZANIA

PRESENTATION AT THE WORKING SESSION

CONFERENCE HALL. KILIMO HOUSEI

16THOCT, 2012GEORGE MANDEPOSENIOR LEGAL

OFFICER

MAFSC


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INTRODUCTION

Need to have the National Irrigation Legal

Framework:

Agricultural Policy, 1997 and New Policy in

formulation/Draft National Irrigation Master Plan, 2002

National Irrigation Policy 2010

Agricultural Sector Development Strategy 2001

MKUKUTA, TDV 2025, MDGs

Agricultural Sector Development Programme, 2003


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NEED TO HAVE THE NATIONAL

IRRIGATION LEGAL FRAMEWORK:

Other setoral and multi-sectoral policies and legalframeworks (National Water Policy, 2002 and WaterResource Management Act, 2009 , Land Policy andLand Legislation, Local Government Reforms, D by DPolicy, PPP Policy and Legislation 2010 etc)

Kilimo Kwanza Resolution and other initiatives(SAGCOT , The Comprehensive Africa Agricultural

Development Programme (CAADP) as implementedthrough Agriculture and Food Security Investment Plan(TAFSIP)

Tanzania Five Years Development Plan, 2011/12-

2015/16.


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IRRIGATION POTENTIAL

Total 29.4 millionhectares of potential irrigableland.

2.3 million hectares classified as high potential

4.8 million hectares classified as medium potential

22.3 million hectares classified as low potential

Only 345, 690hectares (1.2 % of the total

potential) are provided with improved irrigation

systems


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CHALLENGES FACING IRRIGATION

DEVELOPMENT

To increase the pace of developing irrigable land intosustainable irrigation systems .

Unimproved Traditional Irrigation and reliance on therun-of-the river water

Unimproved rain Water Harvesting Irrigation Schemes inadequate investments in water storage

weak and inefficient irrigators organizations

inadequate skills on operation and maintenance

inadequate capacity of farmers to invest in theinfrastructure for their traditional irrigation systems

low level of funding by the Government for irrigationinvestments


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CHALLENGES FACING IRRIGATION

DEVELOPMENT.

low rate of investment in irrigated agriculture by theprivate sector;

Inadequate capacity of the private sectorparticipation in irrigation development

Informal and insecure land ownership rights

focused on paddy fields putting less emphasis ondiversification which could include other crops such as

vegetables, flowers, cotton, pasture, orchards andtree.

Irrigation practice in the country is more plantations.

Lack of legal framework for irrigation development


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NATIONAL AND INTERNATIONAL BEST

PRACTICES:

National Legislation: Water Resource Act; EMA 2004; Land Law, NaturalResources Management legislation; Grazing-land and Animal Feed ResourcesAct, 2010;

International Irrigation legislation:

India

Kenya Canada

Egypt

Malawi

Australia

Jamaica

Philippines

NB: There some challenges in the implementation of the reviewed legislationmainly being, institutional and financial.


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THE PROPOSED LEGAL FRAMEWORK

EXPECTED OUTCOME FROM THE IRRIGATION

LEGAL FRAMEWORK

Effective regulations of Irrigation sector (to control

planning, design, construction, operation andmanagement of irrigation schemes);

Improved production and productivity through

irrigated agriculture

Enhanced funding of irrigation development

Widened private sector involvement in irrigation

sector though PPP etc


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THE PROPOSED LEGAL FRAMEWORK

OBJECTIVE:

provide for the establishment of the National

Irrigation Commission;

to provide for the development, operation and

maintenance of irrigation and drainage systems;

to provide for effective implementation of the

National Irrigation Policy and; to provide for other related matters


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MATTERS CONSIDERED IN THE

PROPOSED DRAFT LAW

PRELIMINARIES (PART I) :

Long title on objective

Short title and commencement date

Interpretation

ADMINISTRATION (PART II): Establishment of the National Irrigation Commission

Functions of the Commission

Powers of the Commission

Seal of the Commission Appointment of the Director General and other

Directors of the Commission

Zonal irrigation offices and their functions


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ADMINISTRATION (PART II):.

Regional Secretariat on irrigation development and

management

District Irrigation Departments.

Staff of the Commission. Commission to pay allowances and other entitlements.

Appointment of or designation of Irrigation Officers.

Powers of Irrigation Officers. Restriction of unqualified Irrigation Officer.


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PART III

DECLARATION OF IRRIGATION AREA

AND LAND CLASSIFICATION Declaration of irrigation area

Land acquisition for irrigation development.

Conditions of land for irrigation,

Classification of irrigation land


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PART IV

CONSTRUCTION OF IRRIGATION

WORKS.... Construction of irrigation works. Construction and commissioning of irrigation works by

Commission.

Consequences of construction of irrigation works. Compensation for damage suffered due to

construction of irrigation works.

Entrustment of irrigation works. Construction of minor irrigation works.


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PART V

APPROVAL OF IRRIGATION SCHEMES AND

IRRIGATORS.....

Categorisation of irrigation schemes. Categorisation and approval of irrigators.

PART VI


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PART VI

MANAGEMENT OF IRRIGATION

SCHEMES...

Management of irrigation schemes

Establishment of irrigators organizations .

Objects of the Irrigators Organizations. Functions of the Irrigators Organizations.

Sources of funds for the Irrigators Organizations.

Procedure for taking up works.


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PART VI


SCHEMES... Allocation of irrigation plots.

Withdraw and surrender of irrigation plots

Power to prescribe good agricultural practices and

irrigation methods in the irrigation area

Power to take over irrigation works for maintenance

by the Commission or Local Government Authority.

Irrigation service fees and cost recovery fees.


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PART VI


SCHEMES... Operation and maintenance of irrigation schemes

Clearance of banks

Commission to order provision of proper banks Procedure on failure to contribute for the cost or

labour for work to be done by joint labour

Distribution of water from Irrigation works

Protection of irrigation land.

Obligation of land owners in respect of works

affecting safety of the irrigation works.


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PART VI


SCHEMES... Control of navigation and unplanned canal crossings. Inter- basin water transfer for irrigation.

Monitoring and evaluation of performance of

irrigation schemes.

A


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PART VII

ENVIRONMENTAL AND HEALTH

PROTECTION

Commission in collaboration with the LGAs and other

stakeholders to ensure environmental protection.


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PART VIII

IRRIGATION AND DRAINAGE RESEARCH

Commission to coordinate and promote irrigation

research.

Establishment of National Irrigation Research

Centre.


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PART IX

IRRIGATION DEVELOPMENT FUND

Establishment of the Irrigation Development Fund

Sources of the Fund.

Advances to the Fund.

Management of the Fund.

Accounts and Audit of the Irrigation Development

Fund.


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PART X

FINANCIAL PROVISIONS

Funds of the Commission.

Annual budget of the Commission.

Accounting and audit.

Powers to borrow and invest.

Financial year of the Commission.


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PART XI

OFFENCES AND PENALTIES

Offences and penalties.

Offence by body corporate or firm.

Civil liability not affected


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PART XII

GENERAL PROVISIONS

Duty of secrecy.

Service of notices.

Keeping records.

Stakeholders' meeting.

Commission to call for information.

Powers of the Minister to require information.

Commission to establish and maintain collaboration.

Indemnity and liability.


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PART XII

GENERAL PROVISIONS......

Recovery of cost of repairing of damage where

offender is unascertainable

Mode of recovery of money.

Power to make Regulations and Rules.

Powers of the Minister to vary Schedules

Transitional provisions.


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CONCLUSION AND WAYFORWAD

Purpose is to review the proposed legal framework

Provide comments

Inputs to assist the Ministry in the preparation of the

Cabinet Paper


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THANK YOU FOR YOUR ATTENTION

Documents

Legal Framework for Irrigation Development in Tanzania