National Parks Ordinance (Amendment) Act, 1974 (No. 27 of 1974)

No. 27 National Parks Ordinance (Amendment) THE UNITED REPUBLIC OF TANZANIA No. 27 OF 1974 1974 "Hunting, capture etc. in nntional park I ASSENT. J. K. NYERERE, President 20TH AUGUST, 1974 An Act to amend the National Parks Ordinance [ , ] ENACTED by the Parliament of the United Republic of Tanzania. 1. This Act may be cited as the National Parks Ordinance (Amend- Sbort title ment) Act. 1974, shall be read as one with the National Parks Ordinance ~II~ and shall come into operation on such date as the Wildlife Conservation ~en:"ence Act, 1974 comes into operation. Cap. 412 ACIS, 1974 . No. 20 2. Section 2 of the National Parks Ordinance is amended by adding Section 2 of the following definition in its appropriate alphabetic position-« Cap. 412 amended "authorized officer" means any person authorized in writing by the Trustees to perform the functions of an authorized officer.". 3. Sections 16 and 17 of the National Parks Ordinance are repealed Sections 16 and replaced by tho following sections- and 17 of Cap. 412 • repealed and 16.-(1) No person shall, save under and m accordance replaced with a permit in writing signed by an authorized officer, bunt, capture. kill. wound or molest any animal (including fish) or disturb any egg or nest within a national park or be in posse ssion or control of any animal, egg or nest within the confines of any such park. or remove any animal. egg or nest from such park: Provided that the provisions of this subsection shall not apply to any domestic animal or egg lawfully introduced 1"1 a national patk. (2) Any person who contravenes any provision of this section or contravenes any condition attached to any permit granted under subsection (1) shall be guilty of an offence and shall be liable on conviction 333 No. 27 National Parks Ordinance (Amendment) 1974 Acts. t974 No. 20 "Other restrict ions applying to national parkJ (a) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part I of the First Schedule to the Wildlife Conservation Act, 1974, to imprisonment for a term of not less than three years but not exceeding seven years and the court may in addition thereto impose a fine not exceeding one hundred thousand shillings; (b) in the case where the convition relates to the hunting, capture or killing of an animal specified in Part 1I of the First Schedule to the Wildlife Conservation Act, 1974. to imprisonment for a term of not less than two years but not exceeding five years, and the court may in addition thereto impose a fine not exceeding fifty thousand shillings; (c) in the case where the conviction relates to the hunting. capture or killing of an animal specified in Part III of the First Schedule to the Wildlife Conservation Act, 1974, to imprisonment for a term of not less than one year but not exceeding three years and in addition thereto the court may impose a fine not exceeding twenty thousand shillings; (d) in the case of any other offence, to a fine of not less than three thousand shillings but not exceeding twenty thousand shillings or to imprisonment of not less than three months but not exceeding two years. (3) References in this section to the First Schedule to the Wildlife Conservation Act, 1974 shall be construed as refe rences to that Schedule as from time to time amended. 17.-(1) No person shall. save under and in accordance with a permit in writing signed by an authorized officer, within any national park (a) dig. lay, or construct any pitfall. net, trap, snare or other device whatsoever, capable of killing, capturing Or wounding any animal; (b) carry or have in his possession or under his control any weapon in respect of which he fails to satisfy the Trustees or any authorized officer that it was intended to be used for a purpose other than the hunting, killing, 'wounding or capturing of an animal. (2) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.". 334 No. 27 National Parks Ordinance (Amendment) 1974 4. The National Parks Ordinance is amended by adding the following New section section immediately below section 22: 23 added "Applica tion of certain provisions of the Wildlife Conserva lion Act, 1974 22A. The provisions of sections 70. 74. 75. 77. 79 and 80 of the Wildlife Conservation Act. 1974 shall apply in relation to the investigation. prosecution. trial and punishment of and for offences under this Ordinance.". Passed in the National Assembly on the twenty-fourth day of July, 1974. M. MWINDADI, Acting Clerk of the National Assembly 335