ARRANGEMENT OF SECTIONS
1. Short title and commencement.
THE OBJECTIVES OF THIS ACT
3. Objectives of this Act.
4. Responsibilities of the Minister.
5. Director responsible for beekeeping.
6. Licensing officers, enforcement officers and inspectors.
7. Information to the public.
8. Relationship between Ministry and other authorities.
9. Conflict of interest.
10. Establishment of National Beekeeping Advisory Committee.
BEE RESERVES AND ZONES
11. Powers of the Minister to establish a bee reserve.
12. Private bee reserves.
13. Procedures for declaration of a gazetted bee reserve.
14. Boundaries of a gazetted bee reserve.
15. Power to alter and degazetted bee reserve.
16. Management of a gazetted bee reserve.
17. Prohibited activities within a gazetted bee reserve.
18. Joint management agreement for gazetted bee reserve.
19. Declared local authority bee reserve.
20. Declared village bee reserve.
21. Power of the local authority to make by-laws.
22. Supervision of village and community bee reserves by local authorities.
23. Establishment of beekeeping zones.
24. Beekeeping in beekeeping zones.
25. Local authority beekeeping zones.
26. Environmental impact assessment.
REGISTRATION OF BEEKEEPERS
27. Establishment of beekeepers registration system.
REGULATION OF BEEKEEPING ACTIVITIES
28. Powers of the Director to restrict beekeeping.
29. Honey not to be exposed.
30. Protection against wax moth and other pests.
31. Reporting of notifiable disease.
32. Inspection for bees.
33. Duties of beekeepers in respect of diseases.
34. Powers of inspectors in relation to disease.
35. Declaration of infected area.
36. Control on importation of bees.
37. Quarantine area.
38. Power to charge fees.
39. Power to set and collect fees.
40. Establishment of Beekeeping Development Fund.
41. Purposes of the Fund.
42. Administration of the Fund.
OFFENCES AND PENALTIES
43. Offences against this Act.
44. Interference with or obstruction of officers.
45. Powers of officers.
46. Custody of seized bees and appliances.
47. Compounding of offences.
49. Additional orders on conviction.
50. Reward to informer.
51. Protection of officers.
52. Arrangement for research.
53. Arrangement for training.
54. Following swarms of bees.
56. Rights of entry.
57. Call for information.
58. Power to make regulations.
59. Power to grant exemptions.
THE BEEKEEPING ACT
An Act to make provisions for the orderly conduct of beekeeping, for the improvement of the products of beekeeping and for the prevention and eradication of diseases and pests amongst bees.
15 of 2002
27 of 2008
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Beekeeping Act and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint, and the Minister may appoint different dates for different parts of the Act to come into operation.
In this Act, unless the context requires otherwise–
"apiary" means a beehive or a collection of beehives, whether stocked or unstocked;
"apiary product" includes live bees, brood, beeswax, honey, cut comb honey, comb sections, bee combs, honey dew, bee collected pollen, bee venom, propolis or royal jelly or any substance declared by regulations to be an apiary product for purposes of this Act;
"appliance" means any fitting, utensil, apparatus or implement that is used or has been used for the purposes of, or in connection with, beekeeping, or in the processing, handling or storing of apiary products;
"authorised officer" means a beekeeping officer or any other officer appointed as such in writing by the Minister or Director to exercise any power or discharge any duty under this Act or any subsidiary legislation made under this Act;
"bee" means an insect of the genus Apis or Meliponula or Trigona or any other genus of bee prescribed in regulations for the purposes of this Act;
"beehive" means a receptacle used for housing living bees and includes a hive;
"beekeeper" means a person who owns or has under his control or possession bees in his apiary or a person on whose behalf bees or an apiary are kept;
"beekeepers registration system" means the system which may be established in accordance with the provisions of section 27 of this Act;
"Beekeeping Development Fund" means the fund established by section 40 of this Act;
"beekeeping equipment" includes hives, supers, hive covers, hive floors, hive tools, queen excluders, bee protectives, beesmoker, gears used in luring, handling and manipulating bees, honey and beeswax strainers, honey extractors, honey and beeswax storage facilities, frames, combs and any equipment used for processing and marketing of bee products and includes the honey, brood and pollen in the combs;
"beekeeping zone" means an area of land within a national or local authority forest reserve in which the keeping of bees and management of apiaries in accordance with an approved management scheme is permitted;
"bee reserve" means an area of land declared to be as such by an Order made under section 11(1);
"beeswax" means the wax secreted by bees as bee comb material and includes raw beeswax and refined beeswax;
"brand" means a permanent impression of any letter, sign, number or character made upon any beekeeping equipment;
"broodbox" means the bottom box of an active beehive and includes a beehive designated for rearing brood;
"cappings" means the covering and adhering beeswax over comb cells, pollen or brood that is removed before the honey extracting process;
"chief executive officer" means the chief officer of the administrative, professional and technical services of a local authority, by whatever name called;
"colony" means a family of queen and brood bees of any size and includes a colony temporarily without a queen, brood drones or workers;
"comb" means a structure of cells made of beeswax;
"commercial beeswax" means worked beeswax produced for sale by a manufacturer of apiary products;
"Committee" means the National Beekeeping Advisory Committee established under section 10 of this Act;
"declared village bee reserve" means a bee reserve referred to in section 20 of this Act;
"director" means the person for the time being responsible for Beekeeping;
"disease" means any infectious disease to which bees are subject and includes any parasite of bees;
"Division" means the Division responsible for beekeeping;
"environmental impact assessment" has the meaning ascribed to it by section 26 of this Act;
"Executive Agency" has the meaning ascribed to it by the Executive Agencies Act *;
"frame" means a frame in which bee combs are built;
"Fund" means the Beekeeping Development Fund established under section 40 of this Act;
"gazetted bee reserve" means a national or local authority bee reserve declared by the Minister to be a gazetted bee reserve;
"general land" has the meaning ascribed to it by section 2 of the Land Act *;
"Group" means a community management group.
"hive produce" means honey, pollen, beeswax, propolis or royal jelly, bee venom and any other product of the beehive that may be prescribed;
"honey" means saccharine secretions from the nectaries of flowers that are gathered, modified and stored in bee combs and are laevo-rotatory;
"honey dew" means the saccharine exudations of living parts of plants and the sweet liquid excreted by hemipterous insects feeding on plants that are gathered, modified and stored in bee combs and are dextrorotatory;
"import permit" means an import permit granted under section 36 of this Act;
"infected" includes contaminated and also includes infested;
"joint management agreement" is the plan referred to in section 18 of this Act;
"local authority" means a district council or an urban authority;
"local authority bee reserve" means a bee reserve wholly owned by the local authority;
"local authority beekeeping zone" means an area of land established as a local authority beekeeping zone under section 25 of this Act;
"local authority forest reserve" means a forest reserve declared as such under the Forests Act *;
"Minister" means the Minister for the time being responsible for beekeeping;
"Ministry" means the Ministry for the time being responsible for beekeeping;
"national bee reserve" means a bee reserve wholy owned by the Government;
"national forest reserve" means a forest reserve declared as such under the Forests Act *;
"notice of intention" means the notice referred to in section 13;
"notifiable disease" means a disease or pest notified by Order published in the Gazette as a notifiable disease for purposes of this Act;
"pests" means the Greater Wax Moth, the honey badger and such other animal, bird or insect as may from time to time be declared by Order published in the Gazette to be a pest for purposes of this Act;
"Policy" means the National Beekeeping Policy;
"private bee reserve" means a bee reserve owned by individual, group of persons or a Group or community;
"quarantine area" means an area declared by the Minister to be a quarantine area under section 37 of this Act;
"raw beeswax" includes beeswax which is heated in order to remove the honey therefrom but from which extraneous matter has not been removed;
"register" means the register of beekeepers which may be established under Part V of this Act;
"Trustees" means the Trustees of the Beekeeping Development Fund appointed under section 40 of this Act;
"village assembly" means the village assembly of any village;
"village council" means, in relation to a village, the village council of that village.
THE OBJECTIVES OF THIS ACT (s 3)
(1) The objectives of this Act shall be–
(a) to promote and enhance the contribution of the beekeeping sector to the sustainable development of Tanzania and the conservation and management of her natural resources for the benefit of present and future generations;
(b) to enhance national capacity to manage and develop the beekeeping sector and enable the sector to make a contribution to the alleviation of poverty;
(c) to ensure that the management and development of beekeeping is devolved to the lowest possible level of Government consistent with maintaining and promoting high standards of quality;
(d) to ensure the sustainable existence of honeybees by the creation, maintenance and effective management of bee reserves and apiaries;
(e) to improve the quality and quantity of honey, beeswax, and other bee products to ensure the sustainable supply of the same;
(f) to improve biodiversity and increase employment and foreign exchange earnings through sustainable bee products-based industrial development and trade.
ADMINISTRATION (ss 4-10)
The Minister shall be responsible for policy formulation and for ensuring the execution by officials in the Ministry such functions connected with the implementation of this Act.
(1) There shall be a Director responsible for beekeeping matters who shall be an officer in the public service.
(2) The Director shall be the adviser to the Government on all matters related to the management of beekeeping.
(3) The Director may, from time to time, as he thinks fit, issue and publish circulars and directives on the implementation of this Act but no such circulars or directives shall purport to alter, amend or depart from the provisions of this Act or any regulations made under this Act or contradict any advice, guidance or directives issued by the Minister under section 4 of this Act.
(4) Where the Director is required or empowered by this Act to make a determination affecting or likely to affect the rights of any person or the opportunity for any person to undertake any activities, he shall give the person reasons for that determination.
(1) There shall be appointed by the Director, amongst the officers of the Ministry–
(a) the licensing and registration officers who shall exercise powers under Part V;
(b) the enforcement officers, performing such functions relating to the enforcement of the provisions of this Act or as may be specified by him; and
(c) inspectors, who shall perform their functions as provided under this Act or as specified by him.
(2) Officers under this section shall be answerable to the Director.
(3) The Director may, by notice published in the Gazette, designate any person to be an authorised officer for the purposes of all or any provisions of this Act.
(4) The Director shall, by Order published in the Gazette, and subject to such qualifications or exemptions as may be prescribed therein, delegate to such public officers the exercise or performance of any of the functions conferred or imposed on him by this Act.
(5) Nothing in this section shall be taken to prevent any local authority from appointing in accordance with the law relating to the appointment of local authority staff, such qualified officers as it considers necessary to enable it to discharge such functions allocated to it by this Act.
The Director may, where it is practical to do so, provide information and guidance, by Order or notice to members of the public in connection with the implementation of this Act.
(1) The Director shall ensure that all local authorities, associations within its area of jurisdiction and other public authorities are consulted and kept informed about the management of beekeeping as provided under this Act.
(2) Any authorised officer allocated any functions under or in connection with this Act shall have regard to any directives and circulars issued by the Director.
(3) Where any directive or circular is at variance with an approved local authority management plan applicable to a declared or gazetted local authority bee reserve or other local authority priorities applicable to any beekeeping activity managed by that local authority, the Director and the relevant officers and members of that local authority shall consult each other and use their efforts to reconcile any such variances.
(4) Where the Director is of the opinion on the basis of information given to him by any officer exercising functions under this Act or otherwise that a local authority with the responsibility to exercise functions in accordance with provisions of this Act, the Policy or any approved and published national criteria and indicators for sustainable beekeeping, or where such national criteria and indicators are not in existence, in accordance with accepted principles of sustainable beekeeping or good administration, then the Director may–
(a) serve a notice on that local authority requiring it to take the steps specified in that notice within the time specified therein to rectify and improve its beekeeping management; or
(b) serve a notice on that local authority requiring it to show cause, within the time specified therein, as to why the Director should not arrange that such functions of beekeeping management as may be specified should be taken over by another local authority or by the Director for such period of time as may be specified in the notice;
(c) in either case referred to in paragraph (a) or (b), upon making a written request to that local authority, appear before such local authority personally or his representative for the purpose of making representations orally; and
(d) if in his opinion, the local authority has failed to show cause as required under paragraph (b) above, prepare and submit a report with recommendations to the Minister on the mismanagement of beekeeping functions by such local authority and what action should be taken thereon.
(5) Where the Minister after considering the report from the Director referred to in paragraph (d) of subsection (4) is satisfied that, owing to the mismanagement, by any local authority of any of its functions in relation to beekeeping, it is in the public interest that such local authority should cease to exercise all or any management functions in relation to beekeeping, the Minister shall make consultation with the Minister responsible for local authorities in respect of the mismanagement of such beekeeping functions.
(6) The Minister responsible for local authority after considering the report submitted to him, shall invoke his powers as provided under section 169 of the Local Government (District Authorities) Act * and section 71 of the Local Government (Urban Authorities) Act * and direct the Director or other local authority or any person to take over the management functions of such local authority as may be specified.
(7) The other local authority or the Director shall perform any functions in relation to beekeeping which it or he is directed to manage under the provisions of subsection (5) on behalf of and for the benefit of the people within the jurisdiction of the first local authority whose functions have been taken over and the net profits of management, if any, shall, after deduction of the costs of management and development, be deemed to be part of the revenue of the first local authority, which shall likewise bear any losses incurred.
(8) For purposes of this section, a local authority shall include a village council.
(1) Where any matter concerning beekeeping management in which any officer exercising functions under this Act or any member of his immediate family has an interest allocated to, referred to or otherwise comes to that officer for his advice, assistance or decision that officer shall not exercise any functions under this Act in respect of that matter.
(2) Where the officer referred to in subsection (1) is the Director, he shall declare his interest to the Minister, and where the officer referred to in subsection (1) is an officer appointed under section 6, shall declare his interest to the Director, the Minister or the Director as the case may be shall appoint another officer to perform functions in respect of that matter.
(3) A person to whom subsections (1) and (2) apply shall not influence or seek or attempt to influence any officer performing such functions or any other legislation to show any undue favour or preference to him or any member of his immediate family in respect of such matter.
(1) There shall be established a National Beekeeping Advisory Committee whose members shall be appointed by the Minister.
(2) In appointing members of the Committee, the Minister shall take into consideration the following:
(a) possession of the necessary expertise, qualifications and interest in all aspects of beekeeping and the marketing of apiary products;
(b) ensure a gender balance on the Committee;
(c) include on the Committee persons who are not in the public service and at least one from the local authority.
(3) The procedures of the Committee shall be as provided for in the First Schedule to this Act.
(4) The functions of the Committee shall be to advise the Minister on–
(a) matters under the provisions of this Act which are required to be referred to the Committee; and
(b) such other matters related to the implementation of this Act or generally on beekeeping as may be referred to the Committee by the Minister or on its own motion.
(5) The Minister may by Order published in the Gazette alter, amend or add anything in the First Schedule to this Act.
(6) The Minister shall include in a report, to be published annually on performance report of the Ministry–
(a) a statement on the number of matters which have been referred to the Committee; and
(b) the number of issues which are required to be submitted to the Committee, or which he has disposed of contrary to the advice of the Committee, and the reasons for such action.
BEE RESERVES AND ZONES (ss 11-26)
(1) The Minister may by Order published in the Gazette establish a bee reserve.
(2) A bee reserve established under subsection (1) may be–
(a) a private bee reserve; or
(b) a national bee reserve; or
(c) a local authority bee reserve; or
(d) a village bee reserve.
(1) The holder of a right of occupancy may enter into a convenant and any applicant for a right of occupancy may propose that if he is granted a right of occupancy he shall enter into a covenant, to be known as a bee reserve dedication covenant, with the Director to the effect that the land or any part thereof which is subject to the right of occupancy shall not, without the previous consent in writing of the Director be used for other purposes than a bee reserve.
(2) Obligations and other conditions between the parties to the covenant referred to in subsection (1) shall be set out in the said covenant.
(3) For purposes of this section, a holder of a right of occupancy may be an individual, a group of individuals holding a right of occupancy under the provisions of the Land Act * or the Village Land Act *.
(4) Nothing in this section shall be taken to limit the right of any person, group of persons or a Group to use any land which he or they are occupying lawfully or to apply to the Commissioner of Lands or, as the case may be, to a village council for a right of occupancy or, subject to the terms and conditions thereof, to use an existing right of occupancy or other interest in land for the purposes of the development and use of the land comprised in the right of occupancy or other interest in land for beekeeping activities or to develop, use and manage such land as a private bee reserve.
(1) Where the Minister has an intention of establishing a national, private, local authority, village or community bee reserve pursuant to subsection (1) of section 11, he shall cause a notice, to be referred to as a notice of intention, to be–
(a) published for the purpose of the proposed declaration of the said area, which shall describe the proposed boundaries of the bee reserve in one or more newspapers circulating in the area of the proposed reserve;
(b) exhibited in a conspicuous place in the offices of all local authorities within its area of jurisdiction and nearby the proposed reserve; and
(c) given publicity in such a manner as is customary in the area or as to bring it to the attention of all persons living in or in the vicinity of or deriving their livelihood from or using on a regular basis any part of the proposed reserve.
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