CHAPTER 284
NGORONGORO CONSERVATION AREA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application.

PART II
NGORONGORO CONSERVATION AREA AUTHORITY

   4.   Establishment of Authority.

   5.   Board of Directors.

   6.   Functions of the Authority.

   7.   Appointment of Conservator and Assistant Conservators.

   8.   Appointment of other officers and employees.

   9.   Superannuation benefits.

   10.   Agents and contractors.

   11.   Power of the Board to delegate.

   12.   Funds and resources of the Authority.

   13.   Annual and supplementary budget.

   14.   Reserve and special funds.

   15.   Investment.

   16.   Power to borrow.

   17.   Accounts and audit.

   18.   Report by the Board.

   19.   President may give direction.

   20.   Liability of Members, etc.

PART III
CONTROL OF ENTRY INTO AND RESIDENCE AND SETTLEMENT WITHIN THE CONSERVATION AREA

   21.   Restriction of entry and residence in Conservation Area.

   22.   Certificates of residence.

   23.   Control of residence and settlement.

PART IV
CONTROL OF CULTIVATION AND GRAZING AND PROTECTION OF NATURAL RESOURCES

   24.   Conservation of soil and protection of natural resources.

   25.   Prohibition of cultivation.

   26.   Closing orders.

   27.   Executive powers of Authority.

   28.   Rights of entry.

PART V
ORDERS AND APPEALS

   29.   Subsidiary legislation.

   30.   Appeals against refusal to grant permit, certificate or other authority.

   31.   Appeal against orders.

   32.   Powers on appeal.

   33.   Special provisions relating to appeals to the Authority.

   34.   Minister may make rules relating to appeals.

PART VI
ENFORCEMENT AND PENALTIES

   35.   Power to demolish works.

   36.   Power to seize stock and weapons.

   37.   Powers of arrest.

   38.   Offences.

   39.   Forfeiture of stock and weapons, etc.

PART VII
MISCELLANEOUS PROVISIONS

   40.   Conduct of prosecutions.

   41.   Power to compound offences.

   42.   Operation of other laws.

   43.-44.   [Repealed.]

   45.   Rules.

SCHEDULES

CHAPTER 284
THE NGORONGORO CONSERVATION AREA ACT

An Act to control entry into and residence within the Ngorongoro Crater Highlands Area, to make provision for conservation and development of natural resources therein and for related matters.

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

Ord. No. 14 of 1959
[R.L. Cap. 413]
Acts Nos.
43 of 1963
5 of 1968
14 of 1975

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Ngorongoro Conservation Area Act.

2.   Interpretation Acts Nos. 43 of 1963 s. 2; 14 of 1975 s. 7">

   (1) In this Act unless the context otherwise requires–

    "Authority" means the Ngorongoro Conservation Area Authority established by section 4;

   "the Board" means the Board of Directors of the Authority;

   "closed area" means an area with respect to which a closing order has been made under section 26;

   "Conservation Area" means the area to which this Act applies;

   "Conservator" means the Conservator of the Conservation Area appointed in accordance with the provisions of section 7;

   "forest produce" has the meaning ascribed to it in the Forests Act *;

   "mining laws" means the Mining Act * and the Petroleum Exploration and Production Act *;

   "Minister" means the Minister for the time being responsible for the conservation of natural resources;

   "Regional Commissioner" means the Regional Commissioner for the Arusha Region;

   "stock" means cattle, donkeys, sheep and goats.

   (2) General orders made under this Act shall apply to persons generally or to any classes of persons who may be specified them.

   (3) Special orders made under this Act shall apply to the persons to whom they are addressed.

3.   Application

   (1) This Act shall apply to the area described in the First Schedule to this Act.

   (2) The President may, with the consent of the National Assembly by proclamation published in the Gazette, alter the boundaries of the area to which this Act applies.

PART II
NGORONGORO CONSERVATION AREA AUTHORITY (ss 4-20) Act No. 14 of 1975 s. 9">

4.   Establishment of Authority

   (1) There is hereby established an authority which shall be known as the Ngorongoro Conservation Area Authority.

   (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate name, of purchasing, holding, alienating, managing and disposing of any property,whether movable or immovable, and whether by way of investment or otherwise, and of entering into any contract and other transactions which may be necessary or expedient for the performance of its functions under this Act or any other written law.

5.   Board of Directors

   (1) The management and functions of the Authority shall vest in a Board of Directors.

   (2) The provisions of the Second Schedule to this Act shall have effect as to the composition of the Board, the appointment and termination of the appointment of its members, the proceedings of the Board and any other matters in relation to the Board and its members as are provided for in it.

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

6.   Functions of the Authority

   The functions of the Authority shall be–

   (a)   to conserve and develop the natural resources of the Conservation Area;

   (b)   to promote tourism within the Conservation Area and to provide and encourage the provision of facilities necessary or expedient for the promotion of tourism;

   (c)   to safeguard and promote the interests of Masai citizens of the United Republic engaged in cattle ranching and dairy industry within the Conservation Area;

   (d)   to promote and regulate the development of forestry within the Conservation Area;

   (e)   to promote, regulate and facilitate transport to, from and within the Conservation Area;

   (f)   to construct roads, bridges, aerodromes, buildings and fences to provide such water supplies and to carry out any other works and activities which the Board may consider necessary for the purposes of the development or protection of the Conservation Area;

   (g)   to do all acts and things, which in the opinion of the Board, may be necessary to uphold and support the credit of the Authority and to obtain and justify public confidence, and to avert and minimise any loss to the Authority;

   (h)   to do anything and enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper and efficient exercise by the Authority of its functions under this Act, including–

      (i)   the carrying on of any of the activities of the Authority in participation with any other person;

      (ii)   the acquisition, by agreement, of interests in companies and firms engaged in activities in which the Authority may lawfully be engaged under this Act, and the management of the affairs or the continuance of the business of those companies and firms;

      (iii)   the establishment of branches within the United Republic or elsewhere.

7.   Appointment of Conservator and Assistant Conservators

   (1) The President shall appoint a Conservator of the Conservation Area.

   (2) The Conservator shall be the principal executive officer of the Authority and shall be responsible to the Board.

   (3) The Minister may appoint as many Assistant Conservators of the Conservation Area as he may consider necessary.

   (4) The Assistant Conservators, if any, shall be subject to the directions of the Conservator.

8.   Appointment of other officers and employees

   The Board may from time to time appoint at any salaries and upon any terms and conditions which it may think fit, any other officers and employees of the Authority whom it may deem necessary for the proper and efficient conduct of the business and activities of the Authority.

9.   Superannuation benefits

   The Board may–

   (a)   grant gratuities or other retirement allowances or benefits to the officers and employees of the Authority;

   (b)   establish and contribute to a superannuation fund and a medical benefits fund for the officers and employees of the Authority;

   (c)   require any officer or employee of the Authority to contribute to any such superannuation fund or medical benefits fund and fix the amounts and method of payment of such contribution.

10.   Agents and contractors

   The Board may, from time to time, appoint and employ upon any terms and conditions which it thinks fit any agents and contractors of the Authority as the Board may deem necessary.

11.   Power of the Board to delegate

   (1) Subject to subsection (6), the Board may from time to time, by writing under the seal of the Authority delegate, subject to any terms, conditions and restrictions which it may specify, to any committee of the Board or to any officer or servant of the Authority, all or any of the functions, powers, authorities or duties conferred by or under this Act upon the Authority or the Board, and where any delegation is so made the delegated function, power, authority or duty may be performed or, as the case may be, exercised by the delegate subject to the terms, conditions and restrictions specified in the writing.

   (2) Any delegation under subsection (1) may be made to the holder of an office under the Authority specifying the office but without naming the holder, and in every such case each successive holder of the office in question and each person who occupies or performs the duties of that office may, without any further authority, perform or, as the case may be, exercise the delegated function, power, authority or duty in accordance with the delegation made.

   (3) The Board may revoke a delegation made by it under this section.

   (4) No delegation made under this section shall prevent the Authority or the Board from itself performing or exercising the function, power, authority or duty delegated.

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