CHAPTER 282
NATIONAL PARKS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT OF NATIONAL PARKS AND BOARD OF TRUSTEES

   3.   Establishment of national parks.

   4.   Restriction of powers to amend, vary or revoke a proclamation made under section 3.

   5.   Declaration of Serengeti National Park.

   6.   Effect of proclamation and extinguishment of rights.

   7.   Compensation for extinguishment of rights.

   8.   Establishment of board of trustees.

   9.   Fund and resources of the Trustees.

   10.   Annual and supplementary budget.

   11.   Reserve and special funds.

   12.   Investment.

   13.   Power to borrow.

   14.   Accounts and audit.

   15.   Report by the Board of Trustees.

   16.   Minister may give directions.

PART III
GENERAL POWERS, DUTIES AND FUNCTIONS OF TRUSTEES

   17.   Trustees to control, manage and maintain national parks.

   18.   Undertakings by Trustees outside parks.

   19.   Shares in companies.

   20.   Appointment of officers.

PART IV
CONTROL OF NATIONAL PARKS

   21.   Restriction on entry into national parks.

   22.   Restriction on exercise of mining rights.

   23.   Hunting, capture, etc., within a national park.

   24.   Other restrictions applying to national parks.

PART V
GENERAL PROVISIONS

   25.   Regulations.

   26.   Liability of members, etc.

   27.   Conduct of prosecutions.

   28.   Power to compound offences.

   29.   General penalty.

   30.   Defence of life or property.

   31.   Application of certain provisions of the Wildlife Conservation Act.

PART VI
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   32.   [Repeal.]

   33.   [Saving.]

   34.   Transfer from Trustees under R.L. Cap. 253.

   35.   [Saving.]

SCHEDULES

CHAPTER 282
THE NATIONAL PARKS ACT

An Act to provide for the establishment, control and management of national parks and for related matters.

[1st July, 1959]
[s. 1]

[R.L. Cap. 412]
Ord. No. 12 of 1959
Acts Nos.
37 of 1962
44 of 1963
7 of 1965
7 of 1967
1 of 1968
12 of 1968
50 of 1968
27 of 1974
14 of 1975

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the National Parks Act.

2.   Interpretation Acts Nos. 50 of 1968 Sch.; 27 of 1974 s. 2">

   In this Act, unless the context otherwise requires–

   "animal" includes any animal alive or dead, whether vertebrate or invertebrate or any portion thereof;

   "authorised officer" means any person authorised in writing by the Trustees to perform the functions of an authorised officer;

   "hunt" includes any unnecessary act towards or conduct in respect of any animal calculated to or tending to terrify or infuriate that animal;

   "mining right" means any right, title, interest or authority granted under the Mining Act or the Petroleum Exploration and Production Act;

   "Minister" means the Minister responsible for national parks;

   "national park" means any area of land constituted, or included within, a national park by proclamation under section 3 or 4 or declared to be a national park under section 5;

   "poison" means any poison in a form capable of being used to kill, injure or render unconscious any animal;

   "Trustees" means the board styled the Trustees of the Tanzania National Parks established under section 8, and "trustee" means a member of that Board;

   "vegetation" includes any form of vegetable matter alive or dead.

PART II
ESTABLISHMENT OF NATIONAL PARKS AND BOARD OF TRUSTEES (ss 3-16)

3.   Establishment of national parks

   The President may, with the consent of the National Assembly, by proclamation published in the Gazette, declare any area of land to be a national park for the purposes of this Act.

4.   Restriction of powers to amend, vary or revoke a proclamation made under section 3

   Notwithstanding anything contained in the Interpretation of Laws Act *, no proclamation made under the provisions of section 3 of this Act, shall be amended, varied or revoked except under the authority of an Act of Parliament:

   Provided that the President may, with the consent of the National Assembly, by proclamation published in the Gazette, alter the boundaries of any area declared to be a national park under the provisions of section 3.

5.   Declaration of Serengeti National Park

   (1) The area specified in the First Schedule to this Act is declared a national park to be called the Serengeti National Park:

   Provided that the proviso to section 4 shall apply to the Serengeti National Park in the same manner as it applies to an area declared to be a national park by proclamation under section 3.

   (2) Where in this Act any reference is made to a proclamation under section 3 or to the date upon which such a proclamation comes into operation then, in relation to the Serengeti National Park, there shall be substituted a reference to this Act and to the date upon which this Act comes into operation respectively.

6.   Effect of proclamation and extinguishment of rights

   (1) Where the President, by proclamation under section 3, declares any area of land to be a national park or, by proclamation under section 4, so alters the boundaries of a national park as to include within such park any area of land hitherto not included, all rights, titles, interests, franchises, claims, privileges, exemptions or immunities of any person other than the President in, over, under or in respect of any land within such area shall, from the date upon which such proclamation comes into operation, cease, determine and be for ever extinguished:

   Provided that, subject to the provisions of section 22, nothing in this subsection shall affect any mining right.

   (2) For the avoidance of doubt it is declared that nothing in this section shall be construed as preventing or restricting the President from granting within a national park–

   (a)   any mining right or other right, title, interest or authority necessary or convenient for the enjoyment of a mining right; or

   (b)   for any purpose, not inconsistent with the purposes of this Act, any right, title, interest or authority under any other written law.

7.   Compensation for extinguishment of rights

   (1) Any person who, immediately prior to the coming into operation of a proclamation made under section 3 or 4–

   (a)   has any rights in any land within an area declared to be, or included within, a national park; and

   (b)   has not agreed with the President, whether in consideration of the payment of compensation or otherwise, to surrender, release, relinquish or give up to the President every such right,

shall be entitled, if he makes claim therefor within ten weeks of the date upon which the proclamation, by virtue of which his rights are extinguished, comes into operation, to receive from the President for the extinguishment of such rights as shall not have been agreed to be so surrendered, released, relinquished or given up, such compensation as may be agreed upon.

   (2) If, after the expiration of six weeks from the date upon which a claim is made for compensation, there remains outstanding between the President and the claimant any dispute as to the claimant's title to the right for which he claims compensation or as to the amount of compensation payable therefor, such dispute shall be settled by the High Court which shall have jurisdiction to hear and determine any such dispute upon a summons taken out by the Minister or by any such claimant.

   (3) The provisions of the Land Acquisition Act * shall apply mutatis mutandis to the settlement of any such dispute as aforesaid as they apply to the settlement of disputes referred to the High Court under section 9 of the Land Acquisition Act.

   (4) Nothing in this section contained shall apply to any mining right.

   (5) The Minister may make rules for the purposes of this section prescribing the manner in which claims for compensation shall be made, and extending the period during which claims shall be received.

   (6) Rules under this section may make different provisions for different classes or categories of rights and separate rules may be made in respect of any particular proclamation or any particular national park.

   (7) Any claim for compensation under this section which is not made within the time provided therefor under subsection (1) of this section or such other time as may be prescribed, shall cease, determine and be for ever extinguished.

8.   Establishment of a Board of Trustees Act No. 14 of 1975 s. 3; G.N. No. 478 of 1962">

   (1) There shall be established for the purposes of this Act a Board of Trustees which shall–

   (a)   be a body corporate by the name of "the Trustees of the Tanzania National Parks", with perpetual succession and a common seal;

   (b)   in their corporate name be capable of suing and being sued;

   (c)   be capable of holding, purchasing or otherwise acquiring and of alienating any movable property, and, with the consent of the Minister, any immovable property, for the purposes of any of the duties or functions conferred on the Trustees by this Act.

   (2) The provisions of the Second Schedule to this Act shall have effect as to the constitution, proceeding and acts of, and otherwise in relation to, the Trustees.

   (3) The President may, by order published in the Gazette, add to, amend vary or replace the Second Schedule to this Act.

9.   Fund and resources of the Trustees Act No. 14 of 1975 s. 4">

   The funds and resources of the Trustees shall consist of–

   (a)   such sums as may be provided for the purposes of the national parks by Parliament, either by way of grant or loan;

   (b)   any loan or subsidy granted to the Trustees by the Government or any other persons;

   (c)   any voluntary subscription, donation or bequest received by the Trustees from any member of the public for the purposes of national parks or any national park;

   (d)   any fee or other moneys received or raised by the Trustees pursuant to any provision of this Act or any subsidiary legislation made hereunder;

   (e)   any sum or property which may in any manner become vested in the Trustees as a result of the performance by the Trustees of their functions.

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