LEGAL FRAMEWORK FOR IRRIGATION DEVELOPMENT IN TANZANIA

PRESENTATION AT THE WORKING SESSION CONFERENCE HALL. KILIMO HOUSE I 16TH OCT, 2012 GEORGE MANDEPO SENIOR LEGAL OFFICER MAFSC

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

NEED TO HAVE THE NATIONAL IRRIGATION LEGAL FRAMEWORK:

Other setoral and multi-sectoral policies and legal frameworks (National Water Policy, 2002 and Water Resource Management Act, 2009 , Land Policy and Land Legislation, Local Government Reforms, D by D Policy, PPP Policy and Legislation 2010 etc) Kilimo Kwanza Resolution and other initiatives (SAGCOT , The Comprehensive Africa Agricultural Development Programme (CAADP) as implemented through Agriculture and Food Security Investment Plan (TAFSIP) Tanzania Five Years Development Plan, 2011/122015/16.

IRRIGATION POTENTIAL

Total 29.4 million hectares of potential irrigable land.

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, 690 hectares (1.2 % of the total potential) are provided with improved irrigation systems

CHALLENGES FACING IRRIGATION DEVELOPMENT

To increase the pace of developing irrigable land into sustainable irrigation systems . Unimproved Traditional Irrigation and reliance on the run-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 the infrastructure for their traditional irrigation systems low level of funding by the Government for irrigation investments

CHALLENGES FACING IRRIGATION DEVELOPMENT.

low rate of investment in irrigated agriculture by the private sector; Inadequate capacity of the private sector participation in irrigation development Informal and insecure land ownership rights focused on paddy fields putting less emphasis on diversification which could include other crops such as vegetables, flowers, cotton, pasture, orchards and tree. Irrigation practice in the country is more plantations. Lack of legal framework for irrigation development

NATIONAL AND INTERNATIONAL BEST PRACTICES:

National Legislation: Water Resource Act; EMA 2004; Land Law, Natural Resources Management legislation; Grazing-land and Animal Feed Resources Act, 2010; International Irrigation legislation: India Kenya Canada Egypt Malawi Australia Jamaica Philippines NB: There some challenges in the implementation of the reviewed legislation mainly being, institutional and financial.

THE PROPOSED LEGAL FRAMEWORK

EXPECTED OUTCOME FROM THE IRRIGATION LEGAL FRAMEWORK Effective regulations of Irrigation sector (to control planning, design, construction, operation and management 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

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

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

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.

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

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.

PART V APPROVAL OF IRRIGATION SCHEMES AND IRRIGATORS.....

Categorisation of irrigation schemes. Categorisation and approval of irrigators.

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.

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.

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.

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.

PART VII ENVIRONMENTAL AND HEALTH PROTECTION

Commission in collaboration with the LGAs and other stakeholders to ensure environmental protection.

PART VIII IRRIGATION AND DRAINAGE RESEARCH

Commission to coordinate and promote irrigation research. Establishment of National Irrigation Research Centre.

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.

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.

PART XI OFFENCES AND PENALTIES

Offences and penalties. Offence by body corporate or firm. Civil liability not affected

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.

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.

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

THANK YOU FOR YOUR ATTENTION