CAP. 413-Supp. 59

TANGANYIEA

NGORONGORO CONSERVATION AREA

CHAPTER 413 OF T·H-E LAWS

(PRINCIPAL LEGISLATION)

19('()PRINTED AND PUULJSHED DY TIlE aOVERSMEl'T PltINTER

DAR ES SALAA~{

.2 CAP. 413-Supp. 59]

CHAPTER 413

NGOHONGORO CONSERVATION AREA

Ord. 1959No. 14

Short titleandcommence-ment

Inter-pretation

Cap. 389

Cap. 123Cap. 399

ApplicationofOrdinance

An Ordinance to control Entry into and Residence within theNgorongoro Crater Highlands Area, to make provision for theConservation and Development of Natural Resources thereinand for purposes connected therewith, and to amend theMining, Fauna Conservation,Forests and Mining (MineralOil) Ordinances.

PART I

PnRLDflN,\RY

1. This Ordinance ma.y he cited as t hc ~;:orongoro ConservationArea Ordinance and shall come into operation on the first day ofJuly, Hl5\).

2.-(1) In this Ordinance unless the context otherwise requires,

"the Authority" means the Ngorongoro Conservation Area Authorityestablished under section -1;

'fclosed area" means an area with respect tv which a closing orelerhas been made under section 10;

"Conservation Area" means the area to which this Ordinanceapplies;

"forest produce" has the meaning ascribed ttl it in the Forests Ordi-nance;

"mining laws" means the Mining Ordinance and the Mining(Mineral Oil) Ordinance, and anv ordinance or ordinancesamending or replacing either of them; .

"Minister" means the Minister for the time being responsiblo f('~the conservation .of natural resources;

"Provincial Commissioner'Lmeans the Prov.ncialOornrriissiorvar forthe Northern ~nce; . "

"stock" means cattle, donkeys, sheep ani: goats.

(2) General orders made under this Ordinance shal'l apply topersons generally or to such ClaHl"CS of persons as may 6e specifiedtherein.

(3) Special orders made under this Ordinance shall apply to thepersons to whom they are addressed.

3.-(1) This Ordinance shall apply to the area described in theFirst Schedule hereto.

NUOTOl1UUro Conserootion /1 Tcn [CAP. 413-Supp. 59 3

(2) The Governor may, with the consent of the LegislativeCouncil, by proclamation in the Gazette, alter the boundaries of thearea to which this Ordinance applies.

4.-(1) There shall be established an Authority to be known as Establish·the Naoronzoro Conservation Area Au tkorrtv , which shall be charged Amenht o~.' to 0 " ut orrtv .

with the conservation and develcpraent of the natural resources ofthe Conservation Area.

(2) The provisions of the Second Schedule hereto shall \;rave effectas to the constitution, proceedings and nets of, and otherwise in rela-tion to. the Authority.

5.-(1) If the Minister is satisfied that the Authcritv has defaulted Failure to. 1 f f [ . d [-J.l. . d performIII t re per ormance 0 any unction or uty con erren or Impose upon functionsit by or under this Ordinance, he may make an order declaring theAuthority to be in default and may by the same or any other order-

(:1) for the purpose of removing the default, direct the Authorityto perform such of its functions or duties in such manner andwithin such timeor times as may be specified in the order; or

(b) transfer to such person or bodv as he may c:eem fit all theIunctions and duties of the Authority or such of its Iunct ionsand duties as D1:1Y be specifiedin the order.

(2) If the Authority Iails to comply with any rcqu ircmcnt in anorrier rnnde under paragraph (a) of subsection (1) of this sectionwithin the time limited there-by ior compliance with that require-ment, the Minister may make an order under F:ll":lgraph (b) of thatsubsection.

(3) Where an order is made under paragraph (b) of subsection (1)of this section, the Minister may, with the prior approval of theGovernor in Council of' Ministers. bv the same or a nv other order,suspe-nd the Authority for SI1Cll tim; as he 111~\y t!lini, fit from theperformance of all its f'unct.ions and duties or 'ilIC1: (;1' its f'unct.ionsand duties as may be specified in such order.

(4) Any person or body to whom any of the functions or duties ofthe Authority have been transferred under the provisions of thissection shall, when performing such functions and duties and inrespect thereof, be deemed to be the Authority for the purposes ofthis Ordinance, and when so acting shall have all the powers of theAuthority in that behalf and Ow immunities of the members thereof.

p :\nT II

Coxrnor. 01" ENTRY INTO ,\ND RESIDENCE AND Sr.TTr.E~1ENT V:ITTIINTHE CONSEHV,\TION :\nrc\

6.-(1) The Minister may,...a,fter-1;leT!'S'nlthl1DT1 \'I'ith-t,he Arrthoritv , Restrictionmake rules prohibiting, re~ncr and controllin« cntrv into ar;d of entry and

'd . hi tlrt r>~-#' . 0 to,' residence Inres: ence WIt 111 re 'J.I

4 CAP. 413--Supp . 59J N yorollgoro C011SC 'I; atioII :1r"'l

(a) th e en try into or residence within the Conservation Area . orany par t th ereof, of public officers on duty or members of the-Authori ty : or

(b) th e entr v into the Conservation Area of persons holding thereinany estate or in tere st in i-feeholJ land , :toy leasehold land orany land und er n. rig ht of occupancy granted under section Gorsectio n 11 of th e Land Ordinance , all reasonable access by suchpersons to such land or the re sidence of such persons on suc hland; or

(c) th e entr v into the Conserva tion Area of persons holding , overlands there in, a prosp ecting right or licence or explorationlicence . or a mining lease granted or cla im ma de under themining laws , all reasonabl e access by such persons for thepur poses of such right , licence , claim or lensc , or the residenceof such person s in accord an ce wi th the righ ts the reby con ferred ;or

(rl) th e cntrv int o or residence wit hin the Conservation Area ofthe wives , children, dependan ts and servants of a personspecified in paragraphs (a), (b) or (c) or this subs ection , to thesame exte nt as such per son is not subject to the operation ofsuch rules ; or

(e) the entry in to the Conservation ,\ rea upon any publ ic highw[lyof persons tntve!.lirrg .th rough the Conservat ion ,\re

Nqoronqoro Conservation Ii rea [CAP. 413-Supp. 59

(d) empower membera-d--the-AllHlOrity--anu such other personsas may be specified therein to require any person within thearea to which such rules apply to produce any permit issuedto him or to satisfy such member or other penon as aforesaidthat he is a person to whom such rules do not apply;

(e) empower the Authority to erect barriers on public roads ~ntoor within the Conservation Area for the control of entry intothe area to which such rules apply;

(0 require the payment of, and prescribe fees to be paid on theissue of a permit to enter or to enter and reside in the area. towhich such rules apply, and prescribe different fees fordi fTercnt classes of persons or in respect of the difTerentpurposes for which persons seek to en ter or reside therein;

(g) attach to the breach of any rule or of, any term .or conditioninserted in a permit issued by the .::Authority, penalties notexceeding the penalties prescribed in subsection (1) of section18;

(h) authorize the removal by menl:,,,,:; (., t ire Authoritv and such-other persons as may bespecified therein of any person foundwithin the area to which such rules apply in contravention ofany such rules;

(i) provide generally for all matters or things necessary orincidental to the foregoing.

7.-(1) The MInister may .... a-fter--OOflsult.ation-with the·Auth.Qr.!.ty., Certificatesmake rules requiring the persons who are described in paragraphs (b), of residencewr, (d) and (f) of subsection ('2) of section 6 or any of them or anyclass thereof, who reside in, or seek to enter the Conservation Area,to apply for a certificate of residence.

(2) Without prejudice to the generality of the power to make rulesunder this section, rules made under this section may-

(a) be made in respect of the whole Conservation Area or any partor parts thereof;

(b) authorize or require the A-ttthority-or such other persons asmay be specified therein to issue certificates to sueh persons asapply therefor and who satisfy the-A\ith6rity"or (other personsas aforesaid that they are persons to whom such rules apply;

(c) require all persons to whom a certificate is issued to producethe same to any person specified in such rules;

(ell authorize the Author-ity- to impose conditions in any suchcertificate requiring the holder thereof to enter or leave thearea to which such rules apply at any particular place orplaces;

6 CAP. 413-Supp. 59J NgOt"01UJoro Consercation ..I r(,1

Control ofresidenceandsettlement

(e) prohibit, regulate or control the cntry Into or residencewithin the urea to which 311Ch rules apply uf any !'ascn whois required to apply for a certificate of residence who is notin possession of such a certificate;

(0 attach to the breach of any condition contained in allY suchcertificate or to the breach of any rule made under paragraph(e) of this subsection, penalties not exceeding the penaltiesprescribed in subsection (1) of section 18;

(g) authorize the removal by mernbers-ef-the-Authority or suchother persons as may be specified. therein of any personrequired to apply for a certificate of residence who is not inpossession thereof when found in the area to which suchrules apply;

(h) provide generally for all matters or things necessary orincidental to the foregoing.

(3) Any person aggrieved by the refusal of the Authority or ofany other person authorized in that behalf to issue to him acertificate under rules made under this section or by the impositionof any condition in a cert.ificate issued to him may appeal againstsuch refusal or imposition to the 'P rovi ncial-c-Corrrrrrlssioner-,and thereupon the l:-rovinciaLCommlssioner may either confirmthe refusal to issue such ccrtifrcu tc or the imposition of tile condition,or may require the Authority or other persaf: authorized in thatbehalf to issue a ccrtificutc either with or without conditions, ormay modify, vary or quash the condition: and the Anbherity or suchother person as af'oresaid , as the case may be, shall comply Withany such requirement of the Provincial Commissioner under thissubsection.

8.-0) The Authouity may, by 3p~n1 order, or with the yriorapproval of the Provineial-cCcarfnissioner , by general order,

-prohibit, restrict or control residence or settlement in-any part of~he Conaervation :\ rca Bf'flCt' than freehold. land, 'leasehold l(illu,land held under a ~lt of occupancy grantee- under section 6 orsection 11 of the Land Ordinance or land which is the subject of noclaim madear a mining lease granted under the mining laws, for suchtime ane in such manner as it thinks tit.

(2) Without prejudice to the generality of the power to makeorders under this section, orders made under this section may-

(a) be made in respect of any category of residents or settlements;

(b) provide for exemption therefrom and. for the issue of permitsof exemption subject to such conditions as the Authority maythink fit;

(c) authorize the removal from any area to which such orderapplies of any person who takes up or continues residence ormakes or continues any settlement in contravention of any suchorder or of any condition contained in a permit.

Nqoronqoro Conseroaiion Area

PART III

[CAP. 413-Supp. 59 7

CONTnOL OF CULTIVATION '\~D GnAZI~G AND PnOTECTIO:-< OF NATURAL

1{gSOUnCES •.-'

9.-(1) Whenever the :'mthCifity considers it necessary or expe- Consc1rviltion. . f . of SOl and

dient so to do for the purpose of the conservation 0 the soil of, or protectionthe prevention of the adverse effects of soil erosion on land in, the of naturalConservation Arcn. or nny part thereof, or otherwise for the protec- resourcestion and preservation of the natural resources thereof, it may makespecial orders or. with the prior approval of the Provincial, Com-mill8ion~. general orders-

Ca) prohibiting. restricting or controlling tbe use of land for anya~icultural purpose including the depasturing of stock;

8 CAP. 413-Supp. 59J l'v'gurollguro Co uscrxous»: ,1rea

Car 113

Closingorders

Provided that no order made under par:J.graph (e) of thissubsection-

(D shall operate so as to require any /person to demolish,destroy, alter or remove :J.ny b-dlldings, works, roadsor tracks of a permanent nature or any part thereofwhich were constructed prie( to the commg into opera-tion of this Ordinance;6r

(II) shall operate so as 1:0 prevent the construction orextension of any }J{l'ildings, works, roads or tracks hythe holder of ,a right of occupancy gt-anted undersection G or 1): of the Land Ordmance who is requiredto construct-or extend the same by the terms or condi-tions thereof; or

(III) shall Pl)erate to prevent the construction or extensionof Mly buildings, works, roads or tracks by the h.ol~eroVa claim made or lease granted under the rnmmglaws, within the limits of such claim or lease, whichare necessary for tlie enjoyment of the rights grantee!under any such claim or len se.

(2) Without prejudice to the generality of the power to rnakeorders under this section, general orders mde under this sectionmay provide-s- -

(a) for such exemptions or conditional exemptions from the opera-tion thereof as m3.Y be specified;

(b) for the grant of permits or conditional permits of exemptionfrom the operation thereof and in particular for tbe exerciseof the rights granted by such permits during such time or atsuch intervals as may be specified;

(c) for theIr application to certain periods or seasons of the year orto certain times or at certain intervals:

(d) that any act or thing he done at or within such tune us mavbe specified and to the satisfaction of t!ie Authority, or anyperson speci fred therein;

(e) that such orders, and any permits issued thereunder, shall besubject to any special orders made under this section

(3) Without prejudice to the generality of the power to makeorders under this section, special orders made under this sectionmav-

(a) provide for any of the matters specified in rnragr:lphs (a), (c)and (d) of su bsect ion (:2) of tli is sect ion: :,11 r1

(b) require any act or thing to be (lone :HI,l p:-I)11 11,,\ :eny act ortlling [1'0111 ))(,111;;, done before or aller :lIl)' specifiY5.1 tJ)J2c-

10.-(1) \Vhere the Authoritx--is of the opinion that any landwithin the Conservation Are;.. , other than land occupied by a dwell-ing house , shop or ?!,emises used for the accommodat ion of

N qoronqoro Consercation ;l rea? .~

[CAP. 413-Supp. 59 9

travellers and visitors, or l1nd~riinining claim made or a mininglease granted under thO.)Hfi'lillg lnws , is being or tn:ay, becomedespoiled, it may , \\"i~."1h,· I'l"IOl" approval of tile Provincial Com-missioner, by g('~ or 'l't'cial order direct that such land shallbe a closed arCA .

. (2) An,. ord..r lw.,k und.-r this section shall specify the area to. which it appll("l1 and shall state that the occupation and cultivationof hhJ wll!llll -ueh area, the dcpasturing of cattle, the cuttingdown cor d,·'trtll'tll)fl of vegetation and the taking of forest producetllf'rrlll arc prohihited.

11. TIle 'Authoritv lI1;lY tal;:e measures within the Conservation Executive• powers of

.\rca- Authority(a) for the control, conservation and IItilization of water including

storm water;

(b) for the protection of the source, course and banks of streams,rivers, furrows, waterholes, watercourses, wells and lakes;

(c) for the mitigation and prevention of soil erosion;

(d) for the protection of flora and fauna;

(e) for the control, prevention ant] extinguishment of grass fires:and

CO for the improvement of the soil, vegetation and waterresources,

and may construct or execute such works as the Authority thinksnecessary or expedient for any of such purposes.

12.-(1) Any person authorized iu writing in that behalf by theAuthority lllay at any time enter upon any land within the Conser-vation Area, other than land occupied by 11 dwelling house-

(a) for the purpose of ascertaining whether any measures arcnecessary or desirable for the conservation or improvementthereof;

(b) for the purpose of ascertaining whether the land is being usedin accordance with the provisions of any order made undersection 8, 9 or 10, or for the purpose of communicating suchorders;

(c) together with l1ny necessary workmen, agents, contractors,supervisors or organizers, for the purpose of taking anymeasures or constructing or executing any works authorizedunder the provisions of section 11, or of inspecting, repairingor maintaining any works so constructed or executed.

(2) No compensation shall be payable to the owner of any land orof any interest therein upon which works have been constructedwithout negligence under the provisions of section 11 arid of thissection.

10 CAP. 413-Supp. 59J Nqoronqoro Conservation Area

PART IV

ORDERS AND ApPEALS.

Making andnotificationof ordersCap. 7':

Cap. 1

Powers ofProvincialCom-missionerwith regardto specialorders andcertainconditions

13.-(1) General orders made under this Ordinance shall be inwritinsr and shall be published in the.same manner as orders made-unde~ection 16·of the Native Authority Ordinance, and by postingthe same at the offices of the Authol'4 in the Conservation Area. andat the district headquarters of the ?llasai District:

(2) A copy of every general order made by the Authorit~ underthis Ordinance and of every special order made under section 10,authenticated in accordance with the prov.sions of the SecondSchedule, shall be despatched, at the time of making the same, tothe Minister, the Provincial Commissioner and the District Com-missioner of the Masai District ..

(3) Special orders made under this Ordinance shall be in writing.Such orders may be communicated to the person to whom they areaddressed either by delivering to such person, or by leaving at suchperson's address, a copy thereof authenticated in accordance with theprovisions of the Second Schedule (or where the order is made bya person to whom the power to make special orders has beendelegated, by the signature of such person), or by a personauthorized in that behalf by the Authority or to whom the power /'0make special orders has been delegated informing the person to whomsuch orders are addressed of their contents verballv; and when suchorders are so made and communicated they shall be deemed to havebeen properly made and published to the person to whom they areaddressed:

Provided that where any such order is communicated verbally, theperson to whom it is communicated shall be entitled, on demand andupon si~ing a receipt therefor , to a written copy of such orderauthenticated as aforesaid.

(4-' Notwithstanding the provisions of section 7 of the Interprets-

~i and General Clauses Ordinance, no order made under this Ordi-

nee shall be impeached by reason only of its not being published ine Gazette.

14.-(1) Any person aggrieved by-

(a) a special order (other than a special order made under section10) addressed to himself and made under this Ordinance; or

(b) the refusal to grant a permit, or a condition imposed in apermit issued to him, under a general order made under thisOrdinance,

may appeal against such- order or condition to the Provincial-Com-missioner, and the l3fovincioLCommissioner mav either confirm theorder, refusal or enndition or may vary, modify or quash the order

Nqotonqoro Conscroation ,1 rea [CAP~"..413-Supp. 59 11

or condition, or direct the issue of B permit, witli or without condi-tions, as the case mA~' he: and the Authorityshall give effect to anysuch direction.

(2) Any .('«"ial order ur cOllllij.icfl· varied or modified under theprovision. of tlll .... ·,I"'!1 '\' 11J.---rfiis section shall, from the date ofsuch nrUll&'lI ··r 1I1,,,I:tivali.l-1(\, take elh-ct as so varied or modified.

./!/'~.' (3) ""lIrr,· t Lt' ITII\'iuc'ial Commissioner varies, modifies or quashes.• 'r~lal order or ~di tion under subsection (1) of this section. hem"~ ':1\'\' drrcctj.pfls to the Authority in respect of any matter or thingJ,rd 'I')1J " ly (1.9"e or suffered under the order or condition. and the.\ulhoritJ....mali give effect to such directions.

PART V

.ENFORCEMENT AND PENALTIES

15.-(1) The :Authority may, by special order. require any person Powo~ towho has constructed or extended any buildings. works, roads or dcm~hshtracks in contravention of anv order made under this Ordinance wor sto modify, demolish Or destroy the same within such period as the-A:athOl ity may specify,

(2) If any person fails to comply with any such requirement. it.shall be lawful for any person authorized in writing in that behalfby the Aiithor.i.t.y to enter upon any land together with all necessaryworkmen, agents, contractors, supervisors and organ~ers and tocause such building, works. road or track to be modified, demolishedor destroyed, and the Authority may recover the cost of suchmodification, demolition or destruction from the person in defaultby civil suit. (._ /. .':'. . '

(3) The ~y may sell any materials recovered from anybuildings or works which it has caused to be demolished ordestroyed under subsection (2) of this section and shall apply theproceeds of such sale. first towards the expenses thereof, secondly,in payment or part payment of the costs incurred in the executionof the powers contained in subsection (2) and thirdly, shall pa.yany surplus to the owners of such buildings or works,

-..... /--16t';:VYA~r?~~ttny'AdmiRistmtille erBesf, police officer or member P~wcr to

of the AuthorIty' authorized in writing in that behalf by the sOtlzek dA...u. t, -' h b I' I S oc any

12 CAP. 413-Supp. 59J Nqoronqoro Ccnscri:ation. II TCIl

Powers ofarrest

Offences

Forfeitureof stockandweapons,etc.

Provided that the person seizing such property shall forthwithreport such seizure to the nearest magistrate.

17. A.9 QEIFaiaistl'ati1l8.::ifficer, police officer , or member- of theA.uthority authorized in writing in that behalf by the Autlrorlty, mayarrest without warrant any person who he reasonably suspects hascommitted an offence against this Ordinance or against any rules ,made thereunder, where-

(a) such person refuses to give his name and address or gives aname and address which there IS reason to believe to be false;or

(b) there is reason to believe that such person will abscond:

Provided that ever' Iicer or member of the Auth~making anarrest under thi ction shall ensure that th~rson so arrested istaken with delay before the nearest ~str3.te,

18.-(1} Any person who-(a) contravenes or fails to comply with an order made under

section 8, 9 or 10; or(b) contravenes or Iuils to comply with any condition-of 3. permit

issued under general orders made under section-S or 9; or

(c) obstructs any person in the exercise of his powers under section11,12,15,16 or 17,

shall be guilty of an oflence against this Ordinance and shall be liableon conviction, in the case of a first conviction, to a fine not exceedingone thousand sbil\ings or to imprisopment for a term not exceedingthree months or to both sucb fine)lrid imprisonment; and in the caseof a second or subsequent conviction to a fine not exceeding threethousand shillings or to impriSonment for a term not exceeding sixmonths or to both such fi¢ and imprisonment.

(2) Any person whp tampers witb or w.Hully damages or altersany works constructed or executed by or on behalf of the Authorityunder this Ordinance shall be guilty of an offence against .this Ordi-nance and shaJ.l-/be liable on conviction to a fine not exceeding tenthousand shi rings or to imprisonment for a term not exceeding sixmonths 0 both such fine and imprisonment; and any works sotamper with, damaged, or altered may be replaced or repaired byor 0 ehalf of the A11thority at the expense of any person convictedu er this subsection and the cost so incurred may be recovered upon

ie order of the court as if it were a fine imposed by the court.19. \Vhere any person has been convicted of an offence under

the provisions of subsection (1) of section 18 in respect of thedepasturing of stock, the carrying or use of weapons, snares, traps,nets or poison, the use of agricultural impJemen ts or machinery orthe gathering of honey or the taking Or obtaining of forest produce,the court may order that such stock, weapons, snares, traps, nets,poison, agricultural implements or machinery, honey or forestproduce, shall be forfeit to the Crown,

Ngoro7190ro Conservation t1 rea [CAP. 413-Supp. 59 13

:'llsCELL:\:-;EOU S

. 20. .c1t a4llHHl-+;+ffi{-i-ve'--Bfflce-r-or-- member - of the Authority -Cond~let.of

.a..utbOWtl--411 that behalf by--tl·H:~--Mill.i-s-t-e-r, may conduct a prosecution prosecutronsfor an ofTence against this Ordinance or any rules made thereunderand ~t.;dl for that purpose have the powers of a public prosecutor /--;-:1Ior tlie purposes of the Criminal Procedure -~39-'

21.-(1) Sub]' ect to the provisions of subsection (2) of this section, OPjeratjion of. . . . ot ler llWSnothing 10 this Ordinance shall bc deemed to prevent any personfrom being prosecuted under any other law for any act or omissionwhich also constitutes an offence against this Ordinance or frombeing liable under such other law to any greater punishment orpenalty than that provided by this Ordinance, provided that noperson shall be punished twice for the same offence.

(2) The provisions of the Ordinances set out in the first andsecond columns of the Third Schedule hereto shall take effectwithin the Conservation Area subject to the modifications, additionsand amendments set out in the third column thereof.

22. The Irnthorl . ay delegate to any~ber of the Authority, Delegationapproved in tha ehalf by the Provi '-Commissioner, all or any ~a\~~wer toof its po we 0 make special or rs under this Ordinance. special

orders

23. No member of the :A,u.t.jWl'1t-y- andno person act ing under ar-;iklndemnityin accordance with any authorization lawfully given by .Ahe(A-nth-erity under this Ordinance-shall incur any personal Li-a'bility'for any loss or damage caused by any act or ornissiari in theadministration of the attfus, the exercise of the power or functionsor the perforrnance-ol the duties of the AntbOTity nless such 10S3or damage be oe-easioned by an intentionally W ongful act on hispart.

24.-(1) The Minister may muks rules generally for the better Rulescarrying out of the purposes of this Ordinance and, in particular,but without prejudice to the generality of the foregoing I may makerules-

(a) requiring the payment of and prescribing fees (in addition toany fees which may be prescribed under section 0) for anythingrequired or permitted to be done under this Ordinance or anyorders made by the Authority tbereunder; and

(b) varying, adding to or replacing all or any of the provisions ofthe Second Schedule.

(2) Any rules made under paragraph (b) of subsection (1) of thissection shall be laid before the Legislative Council.

14 CAP. 413-Supp. 59J Nqcrcnqoro Conservation Area

SECTIOS 3FIItST SCHEDULE

Tru: N OOIION(;OI\O CONS~;I\VATIOS AnEAAll that land within the Masai District of the Northern Province within the

following boundaries :-

Commencing on thc north ut Lcacon No. S~ P. 9 tho boundary follows the eastand south bound.u-ies of the Sercngcti National Park to beacon No. SN P. 41; thencedue south to 0. point on tho northern shore of Lake Eyusi : thence in anorth-easterlydirection along the northern shore of Lake E~asi. and following the Mbulu.Masa idistrict boundary to its junction with the Northern Highlands Forest Reserve;thence in an easterly direction along the southern boundary of the Northern High-lands Forest Reserve to its point of intersection with the top of tho Rift Escarp-men t ; thence follow~JC .top~.oC t~~ JlifJ:-.Escarpn.1t'!.1.Lto_l\:erimasi M:~i.thence~esterJy direct'ion in a struigh; [me to the ~mmencement.

-SECTIOS 4SECO~D SCHEDULE

more thandesignated

ANI) MEETI~GS OF TIlE Aurnonrrvconsist of not less than five and notthe Minister, of whom one shall be

8. (a) Meetings of tho Authority sh a ll be convened at such time and place asthe Cha i rrnnn shall direct, but so that not less than seven days' notice of suchmeeting is given.

(b) The Chairman shall at any time be bound to convene a meeting of theAuthority within twenty-one days of the receipt of a requisition signed by twomembers of the Authority calling upon him to do so, but so that not less thanseven days' notice of such meeting is given.

9. At any meeting of the Authority at which tho Chairman is not present, themembers present shall elect one of their number to be Chairman for that meeting.

10. (a) .The Secreta.ry shall cause minutes of the proceedings of every meetingof tho Authority to be entered in a book to be kept for that purpose and the minutesshall be kept so as to show adequate details of t.hc business conducted or trunsuctcdat each meoting. 1'110 minutes of tho proceedings of each such meeting shall beread at that or at the next ensuing meeting, and if then passed as correct, shallbe"confirmed by the signature of tho Chairman (or in tho absence of the Chairman,by tho member elected as Chairman for that mooting).

(h) Copies of tho minutes of overy meeting of tho Authority shall, when confirmed,be despatched to the Provincial Commissioner anti tho District Commissioner ofthe Masai District.

Vacancy

Casualvacancies

Election ofChairman ofmeetings

Minutes

COSSTlTCTION

Constitution 1.-(1) Tho Authority shallof Authority eleven members appointe-d by

Chairman.

(2) Tho members of the Authority shall, unless their appointment be ·previouslyrevoked, hold office for three years, but shall be eligible for re-appointment.

2. In the event of the death or permanent incapacity/for any cause orresignation or removal from oflice of any member, tho Minister may appoint inhis place another member who shall hold oflice for the unexpired residue of theperiod of office of tho rucmber in whose place he is appointed, unless his appoint-ment is previously revoked.

Resignation 3. An)' member of tho Au thorit y may resign his ofllco by notice in writingto tho M in istcr.

4. Subject to the provisions of paragraph 6;"· the Authority may act notwith-standing any vacancy in its number..

Defect in 5. No act or proceeding of the Authority shall be affected or invalidated byappointment reason of the fact that there was some cIefect in the appointment of n person

pnrporting to be a member of the Authority.

Quorum 6. The quorum of the Authority shall be five.

Appointment 7.. Tho Authority ''';IY :!['point 'or elect one of its number (othcr than theof member as Chairman} to be the Secretary of the Aut.hovity.Sccret.ary

Mee-tingsof theAuthority

Ngorongoro Con-serration Area [CAP. 413-Supp. 59 15

Authority shall have power Power toregulateproceedings

11. Subject to the provisions of this Schedule, theto regulate its own proceedings.

Acrs OF TIlE A UTIIOnITY

12. All acts matters and things authorized or required to bo done by the Acts to beAuthority shall be decided by resolution at a meeting at which a quorum is present. decided byThe decision of the majority of tho members present and voting at a meeting shall resolutionbe deemed to be a resolution of the Aut.hority.

13, In the event of an equality of votes on any matter, tho Chairman (or in his Castingabsence, the member elected as Chrsirman for the meeting) shall, in addition to his votedeliberative vote, have a casting vote.

14. All orders, directions, notices, permits, certificates or other documents made Authentica-or issued by the Authority shall be signed by the Chairman or Secretary or by a tion ofmember of tho Authority, appointed hy t l.o Authority for that purpose, and when actsso signed shall be deemed to bo duly mndo or issued by tho Authority,

15. The Authority shall, within three rrcnt-hs after the end of each YMr, render Annuala report to the Minister on its operations .luring the previous year, Report

FrsANCIAL Pi\QvrSIONs

16. AU fees paid to or collected b)" the Aut.hority and all other moneys accruing Fundsto the Authority shall be paid into the general revenues of the 'I'erritory.

THIRD SCHEDULE

(Sect.ion 21)

1Ordinance

Mining(Cap. 123)

2

Sec/ion

section 14 (3)

3j-tlrlu/.ion, modification or amend ment

,-Ld imrncd iatcly below paragraph (c) ofthe :,roviso thereto tho following proviso tobe lettered (d):-

-Fauna section 11Conservation(Cap. 302}

")i prospect in tho Conservation Areaestnhl ished under the N gorongoro

Cap, 413 Conservation Area. Ordinance, unlesshe has first given notice to the\Ngoro-n~ol'(. Conscrvat.ion ll. rca. -A-!tthoritya;,d unless he complies with all ordCl:slnwful ly made by the Author it.y,which arc applicahle to him;" .

•-J :1 inuncdiut clv below snbsccl.ion (2), thefoLe·wing new subsection to be numbered(31

Forests(Cap 389)

Cap. 413

section 5 {I}

Cap. 413

"(3) The .Came Warden shall not granta::" permission under this se-ction inr"spect of any controlled area situatewthin the Conservation Area establishedun.icr the N zorongoro Conservation Area.

_l':-,i:nance, without the consent of the',X ,:,)rongol'o Conservation A rca ."tutho-

-ri: ","

J),",'/C tho full stop at tho end thereof,sut.s: .tute therefor a colon and add thefoi]",,\'ing new proviso:-

"""'1\'ided that before- making, varying orrev.-:.oing any order in respect of a forestrcse rvc situate within the ConservationArea established under the N gorongoroConser ...nt.ion :\ rea Ordinance, the Governorshal: consult t he/',Ngorongoro ConservationArea Authority."

16 CAP. 413-Supp. 59J

1 2

N qoronqoro Conservation A rea

3

Orclinance Section

section 19

Variation, modification or amencl·ment

Add immediately below subsection (3), thefollowing new subsection to be numbered(4) ;-

Mining[Mineral Oil)(Cap. 399)

"(4) No person or authority shall issueany liccnce in rcspcct of a forest reservesituate within the Conservation Areaestablished under the N gorongoro Conser-

Cap. 41.) vation Area Ordinance, without theconsent of the 'i,Ngorongoro ConservationArea AuthoritY:' .

section 6 (I) Delete the colon at the end of paragraph(xvi) thereof, substitute a scm i-colon, andad d immediately below paragraph (xvi), thefollowing ncw paragraph to be numbered(xvii);- .

"(xvii) land within the area of theConservation Are-a established underthe N gorongoro Conservation Aren

Cal'. 413 Ordinance, unless the licensee orlessee shall have first given noticeto the 1', N gorongoro ConservationArea ATIttnrri~y, and unless hecomplies with all orders lawfullymade by the Authority which areapplicable to him....

16 Ngorongoro ConseNlatwn Area

Fan n of the Bill deals witlf the control of entry into, and residence andsettlemen' within, the conservation area. By clause 6 the Minister mayprevent, reetrics or .control entry into or residence within the area. Powers·under this clause are not exercisab.e in respect of persons who have rights toland with.n the conservatiqn area or of. membersof~e Map.i tri~, but onder'clause 7 8uch persona may be required to take out r.ertdicates of residence. Bycla1186 8 the Authority may prohibit or restric' residence or setUement in ~nyparticular area of land other than freehold or leasebolcllalld or land over wbicbthe Governor hos granted rights of occupancy or mining titles.

Part III is concerned with control over cultivation and grazing and confer»powers for the protectionof natural resources. Tbir. Fart would confer on theAuthority a number of powers designed to prcv~r., soil erosion, ~nserv~ thesoil and protect and preserve Iorests, water suppnes, pasture and Wild animals(clause U). UlauseIl) makes provision for ~ll;tling areas to occupation, cultr-vation, graziDg and the taking of forest produce..'The ~uthority would alsobe given p»wer to take conservation meaaures and to enter upon land to executethe necessary' works.

The Bill proposes tbaHhe'Authority ,mayexerciaeiti pr.wers of control bymaking either general orders'applylngto all persons in t!te conservation areaor to the classes of persons specified in the order, or special,orders applying toQikned persons. The former w('l1ld require the prior approval of the :ProvincialCommia8ioner and would be pu~li8hed in a similar manner toorders made onder..the Native Authority Ordinance, th~: lat¥r by,comm~ication to the persons

.aftected. By clause U, ar.ypefB;On affected b~ a speC1.t order would have a.rightof appeal to the ProvlDC?ial Commiasione:', :.By~1118 22, the Authority'spower to make 8pecial orJeramay be delegated toany member of the Authority

. approved by the frovin.eial CO~oIier. .. . -. .' . '. .

'. Pan V~makes pro;tisiOn fortb~ ~nrQ,cement of the P.fOVi8iQlll Of the Bill andprescribes pena~ties for fa~lure to comply with the AUtho~ty's orders or for

, interference With works. The powers of enforcement lDclpde power to. demolish unlawful works (clause 1/)...,.,.to seize litoek and weapona used in con.

travention of an order (clause 16) and to arrest offenders 'if they refuse toidentify themselves or there ia reason to believe thejwill abscond. Offenceswould be punishable by a ~e (If Sha, 1,OOOt~ qr three months' imprisonmento~ both or,,~ the. ease of I second or subsequent CODvmioo~ Sha. 8,fYYJ/- orlIS months unpnsonment or both; and tbe coan may ord6f the seizure ofcha~tela:used in the commil8io:l of the offence., In the CMe of damage to works.the puli~hment. would he Sba•.10,OOO/~ or six months' imprisonment or both,and the 'Authority would be enabled to recover the .cost of repair.

I~ .is proposed tbat the provisiona of t~e Bill should he in addition to tbepnm8Jona 01 other natural reaources. legIslation, .but' with regard to certainenactments (set o~t in the Third Schedule) power. eurciul)le. under snehenactment8are subject to priorconsultation with or the coDsen' of theAuthority.

nar es Salaam.91&' March, 1959

J, 8.. R. COLS,Atton;elloGeneraJ

NGORONGORO CONSERVATION AREA AtfmORITY

SUpplement No• ••••••••••••••••••••••••••••••••• Date •••••••••••••SUBSIDIARY LEGISLATION

te the Gazzete of the Un! ted. Republic 0f Tanzania No• •••••••••••••Date •••••••••••.•••••••••••••••••••••••••.••••••••••••••••••••••••••

Printed. 'by the Government Prin-t8r. Dar ea Salad by 01~er of the

GOT~R~MENT NOTICE NO ••••••••••••••••••••••• Published on •••••••••NGORONGORO CONSERVATION AHE:A ORDINANCE

(CAP 413)

RULES

Made under Sections 6 & 7

THE NGORONGORO CON5ERVA'rION AREA (AH::~NDi'..fENT OF S£:COND XHi::DlJ14E)

RULES 1982

ON. 1972 1. These Rules may be 01teQ as the NgC!Jrongoro

Conservation Area (Amerulment o:f Second Schedule)

Rules, 1992 s..~1 ~ read u ene witil theNgorongot"O Conservation Area Rules, 1982 and.shaJ.l be deemed to' have come into operatiGI1 on

the 1st day of J;Uy 1993.

GR. 1972 2.No. 12GN. 1982No •••••

The N'gorongo~ Conservation Area Rulea, 1982

are hereby uencied by de1eting the secon' SChedulethereto and subaUtutlng for 1't the following

new sobedule;

SECOND SCHEDULE

Fees for the period commencing at the time of

aft"L1al and ending after twenty :four hours on thefollGwing period of twenty four hours or part

thereof' spent wi thin the Conservation Area.

2

1. Perm!t for tne entry o£eaeb. person:

(a) of or above the age o~ 16 years

CD) between th.e age o:f 3 and 16 years

(c) Resident tum-citiZen of or abovethe age of 16 years

Cd.) Resid.en't non-e1tiZen between3 aM. 16 years o~ age

(e) o'L or belo" the 3 years

2. Perm1t for each:

Tanzanian/Foreign motor veldcle(viZ a foreign motor vehicle 1sany vehicle coming from outsideTanzania and bearing foreignregistration. A commerc.1.a1 vehicle1s any vehicle rendering serviceto tourist)

~denj~ar.

10.00

3.00

tree

tionus

(a) Tare weight up to 2000 kgs.

(b) Tare weight fiver 2000 kgs.

(c) Commercial TanzaniaRegistration motor v~~lcleup to 2000 kgs.

1.096-.'

l:~~OOO-

30.00

150.00

15.00

(d) Commercial TanzaniaRegistration motor vehicleever 2000 kga.

3. Long-term permit fer residentcommercial vehicles, tractors/trailers, boat and aircrafts.

15.00

400.00

200.00

800.00

800.00

800.00

1600.00

Tare weight up to 2000 kgs.

Tare weight over 2000 kgs..

Trac"ters and Trailers, 3eata

Aircra£t

(a)

(0)

(0)

(d)

(e) Commercial Tanzania Regis"teredmotGr vehicles up L 2000 kgs.

(t) Commercial Tanzania Registeredmotor vehicles over 2000 legs.

3 Tshs. US Dollars(g) Cemmercial Tanzania Registered

'tractors and. trailers. boats 100.00

(h) Commercial Tanzania RegisteredAircraf't 800.00

Per annum or Pro-rata on quarterlybasis.

4. Vehicle Accident Rescue Fee:

Any vehicle which Gvertum.s er isinvolved in an overhead collisionwill be required to pay special feeas 1'0110\113:

(a) Tare weight up to 2000 kgs , 50,000- 2,000.00

(b) Tare weight over 2000 kgs. 100.000- 4,000.00

(0) Commercial Tanzania Registeredmotor vehicles up to 2000 kgs , 1,000.00

(d) Commercial Tanzania Registeredmotor vehicles over 2000 kgs. 2,000.00

5. Permi1; of Camping .in any periodo~ twenty four hours:

(a) On Pub1j.cLCommunal Cagsi"tel:(1) Each person of above

the age or 16 years. 500- 15.00

(il) Each person between theage of 3 and 16 years of/age. 1O

1,600.001,300.001,000.00

600.00

4

us us(b) FQreim Ragi§~: Dollars ool.lara

(1) Up to 6 seaters 30.- 100.00(11) 7 - 12 seaters 90.- 150.00

(111) Over 13 seaters 1.50.- 300.00

7. Cra'ter Service Chalze! ancl Guide Fees: Reslden't~fSh,.

(a) The cnarga for the Crater tour(1) Vehicle up to 7 seaters 500. 20.00

(11) Vehioles of 8 seaters andnot exceeding 16 seaters. 1000- 30.00

(111) ""'018 up. to 7 seatersResid.ent non-cltiZen. 10.00

(1v) Vehicle o£ 8 aea-ters and.not exceeding 16 seatersResident non-ei tizen 15.00

(b) The fee for an official guidelIIho accompanies tourists outsidehis normal station apart fromthe Crater, are as follows: 1000= 15.00

8. Hotel Concession fees:A t.ee o:f 101,k per bed night shall ae~Dla 'oy the owner orproprietor o:f a hotel or lodge in re eet o:f each person \iholodges or stays in such a hotel or odge.

9. Fees tor PhotGmphy:(a) Cinematography!V;1deo!F!Jd!

(1) [lumber of persons (~luding directors, producers.art1s~ technicians administrative s~:t) making orparticipating in th malting of £1111.

ReSident~~Nem- Resident1 - 10 persons V!!!Uars

F1rst week BOO.00

second week 600.00Third week 400.00For each subsequent; week 200.00

11 - 20 persons

F1rst weekSecond weekThird weekFor each subsequent week

5

More than 20 person,First week

second weekThird. week

For each subsequent week

2,600.002,000.00

1,300.00600.00

(The Ngorongoro Conservation Area Authority will receive atree copy of each such £i1. irrespective of the fees above).

Nat The fees above are exclusive of any other fee above.

• Tho Ngorongoro Conservation Area (Amend.ment) rules1982 are hereby revoked•

• These rules shall CORle into eperation on thY' first d.ay.:r January 1993.

* Made by Trustees of the Ngorongoro c,dservation Area Authorityon the 8th May 1991.

CHAI

E. 3. CHAUSISECfGTA RY

I APPROVE

••••••••••••••••••

Dar es Salaam

••••••••••••••

A. MGUMIA ••••••••••••••••••

r'UNISTSR I'D R TOURI SM,

NATURAL RESOURCES A..:-.m~VIRON1"'ENT