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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
MANAGEMENT OF IRRIGATION
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
MANAGEMENT OF IRRIGATION
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
MANAGEMENT OF IRRIGATION
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