CHAPTER 333
ANTIQUITIES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Antiquities (Declaration of Conservation Areas) (Bagamoyo Township) Notice

        The Antiquities (Declaration of Conservation Areas) (Dar es Salaam City) Notice

    ORDERS

        The Declaration of Monuments Order

    RULES

        The Antiquities (Protected Objects and Monuments) Rules

        The Amboni Caves (Entrance Fees) Rules

        The Olduvai Gorge (Entrance Fees) Rules

        The Kaole Sites (Entrance Fees) Rules

        The Antiquities (Conduct of Excavations and Access to Monuments) Rules

        The Antiquities (User Fees) Rules

NOTICES

THE ANTIQUITIES (DECLARATION OF CONSERVATION AREAS) (BAGAMOYO TOWNSHIP) NOTICE

(Section 3(2))

G.N. No. 93 of 1983

    1. This Notice may be cited as the Antiquities (Declaration of Conservation Areas) (Bagamoyo Township) Notice.

    2. The areas described in the Schedule to this Notice comprising of buildings, structures, and other forms of human settlement which are valuable national heritage because of their historic, architectural and cultural value, are hereby declared to be conservation areas for the purpose of the Act.

SCHEDULE

    The following areas situated in Bagamoyo township as demarcated and shown in Registered Plan numbers 19173 and 19174 deposited with the Director of Surveys and Mapping, the copies of which can be inspected in the office of the Antiquities Division, Dar-es-Salaam and the District Land Development office Bagamoyo–

    (i)    the area of the historic core of the township, amounting to approximately 30.532 hectares as demarcated by survey beacons ZA514-ZA522, NP1, NP2, ZA523-ZA526, AY460, AE45, CBD261, CBD266, ZA544, ZA480-ZA485, ZA487-ZA499 and ZA500-ZA513;

    (ii)    the area of Mgonera/Block house amounting to approximately 85 square metres as demarcated by survey beacons R1, R2, R3, and R4;

    (iii)    the area of Caravanserai amounting to approximately 1,812 square metres as demarcated by survey beacons ZA528, ZA529, ZA530 and ZA527;

    (iv)    the area of the Roman Catholic Church made up of an area amounting to approximately 7,763 square metres as demarcated by survey beacons M1, M2, M3, M4, M5, M6, M7, and M8 and the area of the shrine amounting to approximately 43 square metres as demarcated by survey beacons S1, S2, S3 and S4.

THE ANTIQUITIES (DECLARATION OF CONSERVATION AREAS) (DAR ES SALAAM CITY) NOTICE

(Section 3(2))

G.N. No. 498 of 1995

1.    Citation

    This Notice may be cited as the Antiquities (Declaration of Conservation Areas) (Dar es Salaam City) Notice.

2.    Declaration of conservation areas

    The areas described in the Schedule to this Notice comprising of buildings, structures, and other forms of human settlements which are valuable national heritage because of their historic, architectural and cultural value, are hereby declared to be conservation areas for the purpose of the Antiquities Act *.

SCHEDULE
CONSERVATION AREAS

A:    BOUNDARIES FOR THE CONSERVATION AREAS/GARDENS IN DAR ES SALAAM

B:    BOUNDARIES FOR CONSERVATION AREA:

    This extended from the Zanzibar Boat piers along Sokoine Drive, Shaabani Robert Street and Garden Avenue to the Ocean along Ocean Road, the whole area east and south of these streets including the sea front adjacent to Kivukoni Front and Ocean Road is the Designated Conservation Area.

C:    CONSERVATION BUILDINGS AND SITES IN DAR ES SALAAM CENTRAL AREA

    1.    Forodhani Hotel

    2.    Resident Magistrate's Court

    3.    Development House

    4.    Central Statistics Headquarters

    5.    White Father's Building

    6.    Lutheran Church

    7.    St. Josephs Cathedral

    8.    City Hall

    9.    Old Boma

    10.    Building on both sides of the central bus station

    11.    Askari Monument

    12.    Karimjee Hall

    13.    British Council Library

    14.    International Motor Mart

    15.    Internal Revenue Office

    16.    Acacia House (Housing Twiga Hotel and Civil Service Commission)

    17.    Building Housing Tanganyika Meat

    18.    Ocean Road Hospital

    19.    State House

    20.    St. Alban's Church & Rectory

    21.    Building Opposite Y.M.C.A Hostel

    22.    Cosy Cafe

    23.    Old Hall, D.A. Primary School

    24.    2 Hindi Temples next to Kisutu Secondary School and opposite to each other.

    25.    Town Jamat Khan Mosque

    26.    Arab Mosque, Jamia Mosque and Mosque at corner of Zanaki & Market Street.

ORDERS

THE DECLARATION OF MONUMENTS ORDER

(Section 3)

    1. This Order may be cited as the Declaration of Monuments Order.

{mprestriction ids="1,2,3"}

    2. The areas of land or site specified in the first column and described in the second column to this Order are declared to be monuments–

SCHEDULE

(Paragraph 2)

RULES

THE ANTIQUITIES (PROTECTED OBJECTS AND MONUMENTS) RULES

(Section 28)

G.N. No. 39 of 1981

1.    Citation and application

    These Rules may be cited as the Antiquities (Protected Objects and Monuments) Rules, and shall apply to all protected objects and monuments specified in, or to be added to, the Schedule to these Rules.

2.    Interpretation

    In these Rules, "protected objects and monuments" mean the objects and monuments specified in the Schedule to these Rules.

3.    Restriction within areas of protected objects or monuments

    Subject to a permit first sought and obtained from the Director of Antiquities or any other person authorised in that behalf, no person shall, within the area of a protected object or monument–

    (a)    destroy, damage injure, deface or remove any tree, shrub, grass or other vegetational cover;

    (b)    destroy, deface or remove any notice board, signpost, building or any structure lawfully erected;

    (c)    remove or in any way interfere with any rock from, its natural position;

    (d)    displace or in any way interfere with any object whether artificial or non-artificial from its proper position;

    (e)    cause fire to any grass, undergrowth, or trees of the surrounding area;

    (f)    cause or effect an inscription of any type.

4.    Restriction on cultivation

    No person shall cultivate, or in anyway disturb the soil or vegetational cover in any area within five metres on each side of an approach road to protected objects and monuments.

5.    Areas of protected objects and monuments to be kept clean

    No person shall, within an area of the protected objects or monuments do, or attempt any of the following, that is to say–

    (a)    throw litter or rubbish of any kind except in receptacle provided thereof; or

    (b)    partake of a meal or hold a picnic except in areas provided therefor.

6.    Visitors to be accompanied by guides

    Every visitor to the protected objects or monuments shall be accompanied by an official guide.

7.    Visitors to sign their names

    Every visitor, or in the case of a party, every leader of the party, shall enter his name and other required details in the official visitors book.

8.    Other prohibitions

    No person shall, except by a written permit of the Director of Antiquities or any other person authorised in that behalf and, subject to the conditions that may be attached thereto–

    (a)    shoot any film or take any photographs aimed for publication or sale, save for photographs taken during excavations done in accordance with an Excavation Licence; or

    (b)    hawk any goods and carry any trade or business; or

    (c)    encamp, construct any shelter or reside, except on sites provided therefor; or

    (d)    construct any building, or

    (e)    solicit for any donation; or

    (f)    graze domestic animals, within the area of protected object or monument.

9.    Offences and penalties

    Any person who contravenes any of these Rules shall be liable on conviction in the case first offence to a fine not exceeding one thousand shillings and in the case of second or subsequent offences to a fine not exceeding five thousand shillings.

SCHEDULE
PROJECTED OBJECTS AND MONUMENTS

    1.    Amboni Caves.

    2.    Kisese Rock Painting Shelter A.3.

    3.    Kisese Rock Painting Shelter A.4.

    4.    Kisese V Rock Painting Shelter A.10.

    5.    Kwa Mtea Rock Painting Shelter A.5.

    6.    Itololo Rock Painting Shelter A.6.

    7.    Kandaga I Rock Painting Shelter A.9.

    8.    Masange I Rock Painting Shelter A.12.

    9.    Masange II Rock Painting Shelter A.13.

    10.    Cheke II Rock Painting Shelter A.16.

    11.    Cheke III Rock Painting Shelter A.17.

    12.    Cholichol Rock Painting Shelter A.22.

    13.    Mungoni (Mungumi) wa Kolo Rock Painting Shelter B.1.

    14.    Majilili I (Jilili) Rock Painting Shelter B.2.

    15.    Majilili II (Jilili) Rock Painting Shelter.

    16.    Isimila Stone Age Site.

    17.    Olduvai Gorge.

    18.    Kilwa Kisiwani Ruins.

    19.    Kaole Ruins.

    20.    Kunduchi Mosque and Graves.

    21.    Mbweni Mosque and Graves.

    22.    Sanje ya Kati Island.

    23.    Songo Mnara Ruins.

    24.    Tongoni Mosque and Graves.

    25.    Livingstone's Tembe, Kwahihara, Tabora.

    26.    Mbozi Meteorite.

    27.    All approach roads to Protected Areas and Monuments 1-26.

THE AMBONI CAVES (ENTRANCE FEES) RULES

(Section 25(f))

[1st July, 1990]

G.N. No. 157 of 1990

    1. These Rules may be cited as the Amboni Caves (Entrance Fees) Rules.

    2. The entrance fees for the Amboni Caves shall be as follows:

THE OLDUVAI GORGE (ENTRANCE FEES) RULES

(Section 25(f))

[1st July, 1990]

G.N. No. 158 of 1990

    1. These Rules may be cited as the Olduvai Gorge (Entrance Fees) Rules.

    2. The entrance fees for the Olduvai Gorge shall be as follows:

THE KAOLE SITES (ENTRANCE FEES) RULES

(Section 25(f))

[1st July, 1990]

G.N. No. 159 of 1990

    1. These Rules may be cited as the Kaole Ruins (Entrance Fees) Rules.

    2. The entrance fees for the Kaole Ruins shall be as follows:

THE ANTIQUITIES (CONDUCT OF EXCAVATIONS AND ACCESS TO MONUMENTS) RULES

(Section 28)

G.N. No. 552 of 1991

1.    Citation

    These Rules may be cited as the Antiquities (Conduct of Excavations and Access to Monuments) Rules.

2.    Interpretation

    In these Rules, unless the context otherwise requires–

    "Act" means the Antiquities Act *;

    "Director" means the Director of Antiquities as defined in the Act;

    "licence" means a licence issued under section 11 of the Act;

    "object" means any structure, inscriptions, artefacts, faunal or botanical remains, ethnographical object or other scientific material of an archaeological, palaeontological, historical or natural character;

    "research and collection" means research and collection of any object having an archaeological, ethnoarchaeological or ethnographical character.

3.    Requirements for undertaking research and collection

    Any person or institution which intends to undertake any research and collection shall–

    (a)    obtain any necessary clearance or permit for the research from the relevant institution prior to submitting an application for a licence;

    (b)    obtain from the Director a licence and the necessary forms for site and ethnographical objects registration and shall surrender such licence and forms to the Director at the end of each field season;

    (c)    make available to the Director an administrative report and a list of all structures, inscriptions, artifacts, faunal and botanical remains and other scientific materials of an archaeological, palaeontological, historical or natural character removed or discovered in the course of surveys, excavations and collections of ethnographical objects; and the report and list shall indicate where those objects have been deposited;

    (d)    cause to be prepared and to be made available to the Director a preliminary account of the scientific results of the research and collection made within six months upon expiry of the licence;

    (e)    deposit with the Director, copies of all publications including theses, dissertations, submitted for examinations or degrees dealing with the results of work undertaken;

    (f)    take all reasonable measures in accordance with current scientific practices to preserve any findings discovered by him;

    (g)    contribute five per centum of their research budget to the National Fund for Antiquities established under section 22 of the Act.

4.    Objects to remain the property of the Government

    All objects removed, discovered or collected by any person or institution under terms of the licence shall remain the property of the Government of Tanzania and shall not be disposed of except in accordance with such instructions as the Director may give.

5.    Objects for study may be removed under licence

    Any person or institution issued with a licence may remove to any place with in the borders of Tanzania all or any objects for the purpose of study, provided that any such object shall be deposited with the Director upon completion of the study.

6.    Prohibition on export of objects except under licence

    No object may be exported outside Tanzania except under and in accordance with a licence issued by the Director in accordance with section 14 of the Act.

7.    Inventory of objects

    Any person or institution wishing to export any object shall prepare a detailed inventory of all objects to be exported; and the Director may require a duly authorised officer to inspect the items to be exported.

8.    Packing and sealing in presence of Director

    All objects to be exported shall be packed and sealed in the presence of the Director or an officer designated by him.

9.    Export permits not granted except under special circumstances

    Export permits will not normally be granted, save that under special circumstances temporary exportation for the purpose of study and examination may be permitted for a period not exceeding three years.

10.    The Director may request casts, copies, etc.

    Casts, copies, photographs or films of any subject being exported shall be provided to the Director upon request; and such requirement shall cease when the object so exported is returned to Tanzania.

11.    Issue of licences or export permits

    Licences or export permits will only be issued to institutions and not to individuals; and no application form of an individual shall be entertained unless it is channelled through an institution.

12.    Ethnographic collections

    Any person or institution undertaking an ethnographic collection shall collaborate with the National Museum of Tanzania and the Regional Museum, if any, of the area where the collection is intended to be made.

13.    Official observer may be appointed by the Director

    Throughout the period of research or collection any researcher shall be accompanied by an official as may be appointed by the Director; and the expenses of this official will be met by the researcher or collector.

14.    Licence does not grant rights without consent of village authorities or owner

    A licence issued shall not constitute an authority to enter upon or excavate any land or collect from any house, building or place in a village without the consent of the village authorities or owner.

15.    Licences may include special terms

    The Director may include in any licence any terms which he considers necessary or expedient for the proper conduct of excavation, search or for collection of ethnographical objects, including conditions for reporting, mapping, documentation or preservation of materials discovered or collected, their removal, examination and custody and the making and exchange of casts, squeezes and other reproductions.

THE ANTIQUITIES (USER FEES) RULES

(Section 25)

[1st July, 2002]

G.N. No. 273 of 2002

1.    Citation

    These Rules may be cited as the Antiquities (User Fees) Rules.

2.    Revocation

    [Revokes the Antiquities (Entrance to Monuments) Rules *.]

3.    Entry fees

    Entry fees specified in the second, third, fourth and fifth columns of the First Schedule shall be payable in respect of the monuments specified in the first column.

4.    Validity

    Unless it is otherwise provided expressly, the fees specified in the First Schedule shall be valid for one entry.

5.    Charge for young children

    Children below the age of 7 years shall not be charged.

6.    Maximum number of visitors

    The number of visitors allowed to camp at a time shall not exceed 20 persons.

7.    Treasure hunting

    The fees specified in the Second Schedule shall be payable upon conclusion of treasure hunting expedition.

FIRST SCHEDULE
FEES IN RESPECT OF MONUMENTS

(Rule 3)

SECOND SCHEDULE
FEES IN RESPECT OF TREASURE HUNTING EXPEDITIONS

(Rule 5)

{/mprestriction}