Ngorongoro Conservation Area Ordinance (No. 14 of 1959)

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. 1959 No. 14 Short title and commence ment Inter pretation Cap. 389 Cap. 123 Cap. 399 Application of Ordinance An Ordinance to control Entry into and Residence within the Ngorongoro Crater Highlands Area, to make provision for the Conservation and Development of Natural Resources therein and for purposes connected therewith, and to amend the Mining, Fauna Conservation,Forests and Mining (Mineral Oil) Ordinances. PART I PnRLDflN,\RY 1. This Ordinance ma.y he cited as t hc ~;:orongoro Conservation Area Ordinance and shall come into operation on the first day of July, Hl5\). 2.-(1) In this Ordinance unless the context otherwise requires, "the Authority" means the Ngorongoro Conservation Area Authority established under section -1; 'fclosed area" means an area with respect tv which a closing oreler has been made under section 10; "Conservation Area" means the area to which this Ordinance applies; "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 ordinances amending 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 for the Northern ~nce; . " "stock" means cattle, donkeys, sheep ani: goats. (2) General orders made under this Ordinance shal'l apply to persons generally or to such ClaHl"CS of persons as may 6e specified therein. (3) Special orders made under this Ordinance shall apply to the persons to whom they are addressed. 3.-(1) This Ordinance shall apply to the area described in the First Schedule hereto. NUOTOl1UUro Conserootion /1 Tcn [CAP. 413-Supp. 59 3 (2) The Governor may, with the consent of the Legislative Council, by proclamation in the Gazette, alter the boundaries of the area 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 of the Conservation Area. (2) The provisions of the Second Schedule hereto shall \;rave effect as 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 perform III t re per ormance 0 any unction or uty con erren or Impose upon functions it by or under this Ordinance, he may make an order declaring the Authority to be in default and may by the same or any other order (:1) for the purpose of removing the default, direct the Authority to perform such of its functions or duties in such manner and within 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 the Iunctions and duties of the Authority or such of its Iunct ions and duties as D1:1Y be specifiedin the order. (2) If the Authority Iails to comply with any rcqu ircmcnt in an orrier rnnde under paragraph (a) of subsection (1) of this section within the time limited there-by ior compliance with that require ment, the Minister may make an order under F:ll":lgraph (b) of that subsection. (3) Where an order is made under paragraph (b) of subsection (1) of this section, the Minister may, with the prior approval of the Governor 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 the performance of all its f'unct.ions and duties or 'ilIC1: (;1' its f'unct.ions and duties as may be specified in such order. (4) Any person or body to whom any of the functions or duties of the Authority have been transferred under the provisions of this section shall, when performing such functions and duties and in respect thereof, be deemed to be the Authority for the purposes of this Ordinance, and when so acting shall have all the powers of the Authority in that behalf and Ow immunities of the members thereof. p : T II Coxrnor. 01" ENTRY INTO ,\ND RESIDENCE AND Sr.TTr.E~1ENT V:ITTIIN THE CONSEHV,\TION : rc\ 6.-(1) The Minister may,...a,fter-1;leT!'S'nlthl1DT1 \'I'ith-t,he Arrthoritv , Restriction make rules prohibiting, re~ncr and controllin« cntrv into ar;d of entry and 'd . hi tlrt r>~-#' . 0 to,' residence In res: ence WIt 111 re 'J.I<m"erv:ctJOn Area. Conservation (2) Nothing in any rules made under this section shall operate 80 Area. ,as to prohibit, restrict or control 4 CAP. 413--Supp . 59J N yorollgoro C011SC 'I; atioII :1r"'l (a) th e en try into or residence within the Conservation Area . or any 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 therein any estate or in tere st in i-feeholJ land , :toy leasehold land or any land und er n. rig ht of occupancy granted under section Gor sectio n 11 of th e Land Ordinance , all reasonable access by such persons to such land or the re sidence of such persons on suc h land; or (c) th e entr v into the Conserva tion Area of persons holding , over lands there in, a prosp ecting right or licence or exploration licence . or a mining lease granted or cla im ma de under the mining laws , all reasonabl e access by such persons for the pur poses of such right , licence , claim or lensc , or the residence of 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 of the wives , children, dependan ts and servants of a person specified in paragraphs (a), (b) or (c) or this subs ection , to the same exte nt as such per son is not subject to the operation of such rules ; or (e) the entry in to the Conservation ,\ rea upon any publ ic highw[ly of persons tntve!.lirrg .th rough the Conservat ion ,\re<J. along such h igh way ; or (f) the entry in~-res'i(1 en ce with in.Jhc- -Eol1servation Area of a nv members of the Masai t ri bp.~-: w '" . ' P rovided that noth ing in th is subsect ion contained sha ll be construed as granti ng or recognizing any rig ht or ti tle to land or any interest in, over Or under land within th e Conservat ion Area or as exempting any of the persons specified in this subsection from eomplying with any othe r provision of , or rest rict ion impos ed under, th is Ord inance, or with any rul es or orders made th ereunder, notwithstand ing th at such provisions, res trictions , ru les or ord ers may restr ict , contr ol or preven t the exerc ise of any r ight to which this subsection refers. (3) W ith out prejudice to the generality of the power to m ake rules und er this section , rul es made unr)"r t::. :s secti on may (a) be ma de in respect of the whole Con servat ion Area or any p;l rt or parts thereof; (b ) em power th e Autborityto issue permits permit t ing persons to en ter, or to enter and resid e within the area to which such rul es apply, subject -to .suc h ter ms :l:~ '~ cond it ions as t he Aut hori ty may think fit ; . (c) pro vide for an appeal to the;;l'{)fi-n(' ~ ~l! Cu:::m issioner against the refu sal of th e .~ \l.!b9Fjty to i ssue :l p-::·mi L. an d agninst [lny terms and ~.l-tions to which :1.:::; ~)(~ ::!nt t is subject; »: Nqoronqoro Conservation Ii rea [CAP. 413-Supp. 59 (d) empower membera-d--the-AllHlOrity--anu such other persons as may be specified therein to require any person within the area to which such rules apply to produce any permit issued to him or to satisfy such member or other penon as aforesaid that he is a person to whom such rules do not apply; (e) empower the Authority to erect barriers on public roads ~nto or within the Conservation Area for the control of entry into the area to which such rules apply; (0 require the payment of, and prescribe fees to be paid on the issue of a permit to enter or to enter and reside in the area. to which such rules apply, and prescribe different fees for di fTercnt classes of persons or in respect of the difTerent purposes for which persons seek to en ter or reside therein; (g) attach to the breach of any rule or of, any term .or condition inserted in a permit issued by the .::Authority, penalties not exceeding the penalties prescribed in subsection (1) of section 18; (h) authorize the removal by menl:,,,,:; (., t ire Authoritv and such other persons as may bespecified therein of any person found within the area to which such rules apply in contravention of any such rules; (i) provide generally for all matters or things necessary or incidental to the foregoing. 7.-(1) The MInister may .... a-fter--OOflsult.ation-with the·Auth.Qr.!.ty., Certificates make rules requiring the persons who are described in paragraphs (b), of residence wr, (d) and (f) of subsection ('2) of section 6 or any of them or any class 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 rules under this section, rules made under this section may (a) be made in respect of the whole Conservation Area or any part or parts thereof; (b) authorize or require the A-ttthority-or such other persons as may be specified therein to issue certificates to sueh persons as apply therefor and who satisfy the-A\ith6rity"or (other persons as aforesaid that they are persons to whom such rules apply; (c) require all persons to whom a certificate is issued to produce the same to any person specified in such rules; (ell authorize the Author-ity- to impose conditions in any such certificate requiring the holder thereof to enter or leave the area to which such rules apply at any particular place or places; 6 CAP. 413-Supp. 59J NgOt"01UJoro Consercation ..I r(,1 Control of residence and settlement (e) prohibit, regulate or control the cntry Into or residence within the urea to which 311Ch rules apply uf any !'ascn who is required to apply for a certificate of residence who is not in possession of such a certificate; (0 attach to the breach of any condition contained in allY such certificate or to the breach of any rule made under paragraph (e) of this subsection, penalties not exceeding the penalties prescribed in subsection (1) of section 18; (g) authorize the removal by mernbers-ef-the-Authority or such other persons as may be specified. therein of any person required to apply for a certificate of residence who is not in possession thereof when found in the area to which such rules apply; (h) provide generally for all matters or things necessary or incidental to the foregoing. (3) Any person aggrieved by the refusal of the Authority or of any other person authorized in that behalf to issue to him a certificate under rules made under this section or by the imposition of any condition in a cert.ificate issued to him may appeal against such refusal or imposition to the 'P rovi ncial-c-Corrrrrrlssioner-, and thereupon the l:-rovinciaLCommlssioner may either confirm the refusal to issue such ccrtifrcu tc or the imposition of tile condition, or may require the Authority or other persaf: authorized in that behalf to issue a ccrtificutc either with or without conditions, or may modify, vary or quash the condition: and the Anbherity or such other person as af'oresaid , as the case may be, shall comply With any such requirement of the Provincial Commissioner under this subsection. 8.-0) The Authouity may, by 3p~n1 order, or with the yrior approval 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 or section 11 of the Land Ordinance or land which is the subject of no claim madear a mining lease granted under the mining laws, for such time ane in such manner as it thinks tit. (2) Without prejudice to the generality of the power to make orders 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 permits of exemption subject to such conditions as the Authority may think fit; (c) authorize the removal from any area to which such order applies of any person who takes up or continues residence or makes or continues any settlement in contravention of any such order 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 protection the prevention of the adverse effects of soil erosion on land in, the of natural Conservation Arcn. or nny part thereof, or otherwise for the protec- resources tion and preservation of the natural resources thereof, it may make special orders or. with the prior approval of the Provincial, Com mill8ion~. general orders Ca) prohibiting. restricting or controlling tbe use of land for any a~icultural purpose including the depasturing of stock; <b) prohibi ting, restricting, limiting or controll ing (i) tbe breaking or clearing of land for the purposes of cultivation: (ii) the introduction, grazing. \Yatcring" 0:' movement of stock: (iii) the flring, clearing or destruction of vegetation including stubble; (i v) the use of wells, boreholes, waterholcs, "atercourses, streams, rivers or lnkes r . lV) the gathering of bonsy or forest produce; (vi) the exercise of any' rights in relation to forest produce determined under the provisions of the Forests Ordinance; Cap. 389 (vii) the introduction or removal of flora or Iaunn ; (viii) the use of ag~icultural implements or mach inery ; (ix) th~ carrying or Use of weapons, snares, traps. nets or poison: (c) requiring, regulating or controlling (i) the afforestation or reafforestation of land: (ii) the protection of slopes and closed areas; (iii) the drainage of land, including the construction, main terrance or repair of artificial or natural drains, gullies. contour banks, terraces and diversion ditches; (iv) thie uprooting or destruction of any vegetation; (v) .the removal of stock; (d) prescribing the method of cultivation of land; (e) prohibiting, restricting or controlling ; (i) the construction or extension of buildings or works, or restricting or controlling the siting thereof; (ii) the construction or extension of anv roads or tracks or restricting or controlling the siting oOr alignment thereof: 8 CAP. 413-Supp. 59J l'v'gurollguro Co uscrxous»: ,1rea Car 113 Closing orders Provided that no order made under par:J.graph (e) of this subsection (D shall operate so as to require any /person to demolish, destroy, alter or remove :J.ny b-dlldings, works, roads or tracks of a permanent nature or any part thereof which were constructed prie( to the commg into opera tion of this Ordinance;6r (II) shall operate so as 1:0 prevent the construction or extension of any }J{l'ildings, works, roads or tracks hy the holder of ,a right of occupancy gt-anted under section G or 1): of the Land Ordmance who is required to construct-or extend the same by the terms or condi tions thereof; or (III) shall Pl)erate to prevent the construction or extension of Mly buildings, works, roads or tracks by the h.ol~er oVa claim made or lease granted under the rnmmg laws, within the limits of such claim or lease, which are 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 rnake orders under this section, general orders mde under this section may 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 exemption from the operation thereof and in particular for tbe exercise of the rights granted by such permits during such time or at such intervals as may be specified; (c) for theIr application to certain periods or seasons of the year or to certain times or at certain intervals: (d) that any act or thing he done at or within such tune us mav be specified and to the satisfaction of t!ie Authority, or any person speci fred therein; (e) that such orders, and any permits issued thereunder, shall be subject to any special orders made under this section (3) Without prejudice to the generality of the power to make orders under this section, special orders made under this section mav (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 or tlling [1'0111 ))(,111;;, done before or aller :lIl)' specifiY5.1 tJ)J2c 10.-(1) \Vhere the Authoritx--is of the opinion that any land within 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 mining lease granted under thO.)Hfi'lillg lnws , is being or tn:ay, become despoiled, it may , \\"i~."1h,· I'l"IOl" approval of tile Provincial Com missioner, by g('~ or 'l't'cial order direct that such land shall be 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 cultivation of hhJ wll!llll -ueh area, the dcpasturing of cattle, the cutting down cor d,·'trtll'tll)fl of vegetation and the taking of forest produce tllf'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 water resources, and may construct or execute such works as the Authority thinks necessary or expedient for any of such purposes. 12.-(1) Any person authorized iu writing in that behalf by the Authority 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 arc necessary or desirable for the conservation or improvement thereof; (b) for the purpose of ascertaining whether the land is being used in accordance with the provisions of any order made under section 8, 9 or 10, or for the purpose of communicating such orders; (c) together with l1ny necessary workmen, agents, contractors, supervisors or organizers, for the purpose of taking any measures or constructing or executing any works authorized under the provisions of section 11, or of inspecting, repairing or maintaining any works so constructed or executed. (2) No compensation shall be payable to the owner of any land or of any interest therein upon which works have been constructed without negligence under the provisions of section 11 arid of this section. 10 CAP. 413-Supp. 59J Nqoronqoro Conservation Area PART IV ORDERS AND ApPEALS. Making and notification of orders Cap. 7': Cap. 1 Powers of Provincial Com missioner with regard to special orders and certain conditions 13.-(1) General orders made under this Ordinance shall be in writinsr and shall be published in the.same manner as orders made unde~ection 16·of the Native Authority Ordinance, and by posting the same at the offices of the Authol'4 in the Conservation Area. and at the district headquarters of the ?llasai District: (2) A copy of every general order made by the Authorit~ under this Ordinance and of every special order made under section 10, authenticated in accordance with the prov.sions of the Second Schedule, shall be despatched, at the time of making the same, to the 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 are addressed either by delivering to such person, or by leaving at such person's address, a copy thereof authenticated in accordance with the provisions of the Second Schedule (or where the order is made by a person to whom the power to make special orders has been delegated, by the signature of such person), or by a person authorized in that behalf by the Authority or to whom the power /'0 make special orders has been delegated informing the person to whom such orders are addressed of their contents verballv; and when such orders are so made and communicated they shall be deemed to have been properly made and published to the person to whom they are addressed: Provided that where any such order is communicated verbally, the person to whom it is communicated shall be entitled, on demand and upon si~ing a receipt therefor , to a written copy of such order authenticated 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 in e Gazette. 14.-(1) Any person aggrieved by (a) a special order (other than a special order made under section 10) addressed to himself and made under this Ordinance; or (b) the refusal to grant a permit, or a condition imposed in a permit issued to him, under a general order made under this Ordinance, may appeal against such- order or condition to the Provincial-Com missioner, and the l3fovincioLCommissioner mav either confirm the order, 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 any such direction. (2) Any .('«"ial order ur cOllllij.icfl· varied or modified under the provision. of tlll .... ·,I"'!1 '\' 11J.---rfiis section shall, from the date of such 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. he m"~ ':1\'\' drrcctj.pfls to the Authority in respect of any matter or thing J,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~ to who has constructed or extended any buildings. works, roads or dcm~hsh tracks in contravention of anv order made under this Ordinance wor s to 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 behalf by the Aiithor.i.t.y to enter upon any land together with all necessary workmen, agents, contractors, supervisors and organ~ers and to cause such building, works. road or track to be modified, demolished or destroyed, and the Authority may recover the cost of such modification, demolition or destruction from the person in default by civil suit. (. /. .':'. . ' (3) The ~y may sell any materials recovered from any buildings or works which it has caused to be demolished or destroyed under subsection (2) of this section and shall apply the proceeds of such sale. first towards the expenses thereof, secondly, in payment or part payment of the costs incurred in the execution of the powers contained in subsection (2) and thirdly, shall pa.y any 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 d A...u. t, -' h b I' I S oc any<TU"tt1UI'I{,.~ as reason to e ieve t 1at- weapons (a) the depasturing of any stock; (b) the use of any agricultural implements or machinery; (c) the carrying or use of any weapon, snare. trap, net. or poison; (d) the ga thering of any honey; or (e) the taking or obtaining of any forest produce. is in contravention of anv order made under Part III of this Ordi nance, he may seize such stock, implements, machinery, weapon, snare, trap, net, poison, honey or forest produce: 12 CAP. 413-Supp. 59J Nqoronqoro Ccnscri:ation. II TCIl Powers of arrest Offences Forfeiture of stock and weapons, etc. Provided that the person seizing such property shall forthwith report such seizure to the nearest magistrate. 17. A.9 QEIFaiaistl'ati1l8.::ifficer, police officer , or member- of the A.uthority authorized in writing in that behalf by the Autlrorlty, may arrest without warrant any person who he reasonably suspects has committed an offence against this Ordinance or against any rules , made thereunder, where (a) such person refuses to give his name and address or gives a name 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 an arrest under thi ction shall ensure that th~rson so arrested is taken 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 section 11,12,15,16 or 17, shall be guilty of an oflence against this Ordinance and shall be liable on conviction, in the case of a first conviction, to a fine not exceeding one thousand sbil\ings or to imprisopment for a term not exceeding three months or to both sucb fine)lrid imprisonment; and in the case of a second or subsequent conviction to a fine not exceeding three thousand shillings or to impriSonment for a term not exceeding six months or to both such fi¢ and imprisonment. (2) Any person whp tampers witb or w.Hully damages or alters any works constructed or executed by or on behalf of the Authority under this Ordinance shall be guilty of an offence against .this Ordi nance and shaJ.l-/be liable on conviction to a fine not exceeding ten thousand shi rings or to imprisonment for a term not exceeding six months 0 both such fine and imprisonment; and any works so tamper with, damaged, or altered may be replaced or repaired by or 0 ehalf of the A11thority at the expense of any person convicted u 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 the depasturing of stock, the carrying or use of weapons, snares, traps, nets or poison, the use of agricultural impJemen ts or machinery or the 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 forest produce, 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 prosecutrons for an ofTence against this Ordinance or any rules made thereunder and ~t.;dl for that purpose have the powers of a public prosecutor /--;-:1 Ior tlie purposes of the Criminal Procedure -~39-' 21.-(1) Sub]' ect to the provisions of subsection (2) of this section, OPjeratjion of . . . . ot ler llWS nothing 10 this Ordinance shall bc deemed to prevent any person from being prosecuted under any other law for any act or omission which also constitutes an offence against this Ordinance or from being liable under such other law to any greater punishment or penalty than that provided by this Ordinance, provided that no person shall be punished twice for the same offence. (2) The provisions of the Ordinances set out in the first and second columns of the Third Schedule hereto shall take effect within the Conservation Area subject to the modifications, additions and amendments set out in the third column thereof. 22. The Irnthorl . ay delegate to any~ber of the Authority, Delegation approved in tha ehalf by the Provi '-Commissioner, all or any ~a\~~wer to of 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-;iklndemnity in 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 the administration of the attfus, the exercise of the power or functions or the perforrnance-ol the duties of the AntbOTity nless such 10S3 or damage be oe-easioned by an intentionally W ongful act on his part. 24.-(1) The Minister may muks rules generally for the better Rules carrying out of the purposes of this Ordinance and, in particular, but without prejudice to the generality of the foregoing I may make rules (a) requiring the payment of and prescribing fees (in addition to any fees which may be prescribed under section 0) for anything required or permitted to be done under this Ordinance or any orders made by the Authority tbereunder; and (b) varying, adding to or replacing all or any of the provisions of the Second Schedule. (2) Any rules made under paragraph (b) of subsection (1) of this section shall be laid before the Legislative Council. 14 CAP. 413-Supp. 59J Nqcrcnqoro Conservation Area SECTIOS 3 FIItST SCHEDULE Tru: N OOIION(;OI\O CONS~;I\VATIOS AnEA All 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 east and south bound.u-ies of the Sercngcti National Park to beacon No. SN P. 41; thence due south to 0. point on tho northern shore of Lake Eyusi : thence in anorth-easterly direction along the northern shore of Lake E~asi. and following the Mbulu.Masa i district 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 ~mmence­ ment. SECTIOS 4 SECO~D SCHEDULE more than designated ANI) MEETI~GS OF TIlE Aurnonrrv consist of not less than five and not the Minister, of whom one shall be 8. (a) Meetings of tho Authority sh a ll be convened at such time and place as the Cha i rrnnn shall direct, but so that not less than seven days' notice of such meeting is given. (b) The Chairman shall at any time be bound to convene a meeting of the Authority within twenty-one days of the receipt of a requisition signed by two members of the Authority calling upon him to do so, but so that not less than seven days' notice of such meeting is given. 9. At any meeting of the Authority at which tho Chairman is not present, the members 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 meeting of tho Authority to be entered in a book to be kept for that purpose and the minutes shall be kept so as to show adequate details of t.hc business conducted or trunsuctcd at each meoting. 1'110 minutes of tho proceedings of each such meeting shall be read at that or at the next ensuing meeting, and if then passed as correct, shall be"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 of the Masai District. Vacancy Casual vacancies Election of Chairman of meetings Minutes COSSTlTCTION Constitution 1.-(1) Tho Authority shall of Authority eleven members appointe-d by Chairman. (2) Tho members of the Authority shall, unless their appointment be ·previously revoked, 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 or resignation or removal from oflice of any member, tho Minister may appoint in his place another member who shall hold oflice for the unexpired residue of the period 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 writing to 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 by appointment 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 the of member as Chairman} to be the Secretary of the Aut.hovity. Sccret.ary Mee-tings of the Authority Ngorongoro Con-serration Area [CAP. 413-Supp. 59 15 Authority shall have power Power to regulate proceedings 11. Subject to the provisions of this Schedule, the to 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 be Authority shall be decided by resolution at a meeting at which a quorum is present. decided by The decision of the majority of tho members present and voting at a meeting shall resolution be 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 Casting absence, the member elected as Chrsirman for the meeting) shall, in addition to his vote deliberative 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 of member of tho Authority, appointed hy t l.o Authority for that purpose, and when acts so 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 Annual a 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 Funds to the Authority shall be paid into the general revenues of the 'I'erritory. THIRD SCHEDULE (Sect.ion 21) 1 Ordinance Mining (Cap. 123) 2 Sec/ion section 14 (3) 3 j-tlrlu/.ion, modification or amend ment ,-Ld imrncd iatcly below paragraph (c) of the :,roviso thereto tho following proviso to be lettered (d): Fauna section 11 Conservation (Cap. 302} ")i prospect in tho Conservation Area estnhl ished under the N gorongoro Cap, 413 Conservation Area. Ordinance, unless he has first given notice to the\Ngoro n~ol'(. Conscrvat.ion ll. rca. -A-!tthority a;,d unless he complies with all ordCl:s lnwful ly made by the Author it.y, which arc applicahle to him;" . •-J :1 inuncdiut clv below snbsccl.ion (2), the foLe·wing new subsection to be numbered (31 Forests (Cap 389) Cap. 413 section 5 {I} Cap. 413 "(3) The .Came Warden shall not grant a::" permission under this se-ction in r"spect of any controlled area situate wthin the Conservation Area established un.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 the foi]",,\'ing new proviso: """'1\'ided that before- making, varying or rev.-:.oing any order in respect of a forest rcse rvc situate within the Conservation Area established under the N gorongoro Conser ...nt.ion :\ rea Ordinance, the Governor shal: consult t he/',Ngorongoro Conservation Area 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), the following new subsection to be numbered (4) ; Mining [Mineral Oil) (Cap. 399) "(4) No person or authority shall issue any liccnce in rcspcct of a forest reserve situate within the Conservation Area established under the N gorongoro Conser Cap. 41.) vation Area Ordinance, without the consent of the 'i,Ngorongoro Conservation Area AuthoritY:' . section 6 (I) Delete the colon at the end of paragraph (xvi) thereof, substitute a scm i-colon, and ad d immediately below paragraph (xvi), the following ncw paragraph to be numbered (xvii);- . "(xvii) land within the area of the Conservation Are-a established under the N gorongoro Conservation Aren Cal'. 413 Ordinance, unless the licensee or lessee shall have first given notice to the 1', N gorongoro Conservation Area ATIttnrri~y, and unless he complies with all orders lawfully made by the Authority which are applicable to him.... 16 Ngorongoro ConseNlatwn Area Fan n of the Bill deals witlf the control of entry into, and residence and settlemen' within, the conservation area. By clause 6 the Minister may prevent, 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 to land 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. By cla1186 8 the Authority may prohibit or restric' residence or setUement in ~ny particular area of land other than freehold or leasebolcllalld or land over wbicb the 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 the Authority a number of powers designed to prcv~r., soil erosion, ~nserv~ the soil 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 also be given p»wer to take conservation meaaures and to enter upon land to execute the necessary' works. The Bill proposes tbaHhe'Authority ,mayexerciaeiti pr.wers of control by making either general orders'applylngto all persons in t!te conservation area or to the classes of persons specified in the order, or special,orders applying to Qikned persons. The former w('l1ld require the prior approval of the :Provincial Commia8ioner 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's power 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 and prescribes 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 to identify themselves or there ia reason to believe thejwill abscond. Offences would be punishable by a ~e (If Sha, 1,OOOt~ qr three months' imprisonment o~ both or,,~ the. ease of I second or subsequent CODvmioo~ Sha. 8,fYYJ/- or lIS months unpnsonment or both; and tbe coan may ord6f the seizure of cha~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 tbe pnm8Jona 01 other natural reaources. legIslation, .but' with regard to certain enactments (set o~t in the Third Schedule) power. eurciul)le. under sneh enactment8are 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 the Ngorongot"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. 12 GN. 1982 No ••••• The N'gorongo~ Conservation Area Rulea, 1982 are hereby uencied by de1eting the secon' SChedule thereto 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 the follGwing 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 above the age of 16 years Cd.) Resid.en't non-e1tiZen between 3 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 1s any vehicle coming from outside Tanzania and bearing foreign registration. A commerc.1.a1 vehicle 1s any vehicle rendering service to tourist) ~denj ~ar. 10.00 3.00 tree tion us (a) Tare weight up to 2000 kgs. (b) Tare weight fiver 2000 kgs. (c) Commercial Tanzania Registration motor v~~lcle up to 2000 kgs. 1.096 .' l:~~OOO 30.00 150.00 15.00 (d) Commercial Tanzania Registration motor vehicle ever 2000 kga. 3. Long-term permit fer resident commercial 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"tered motGr vehicles up L 2000 kgs. (t) Commercial Tanzania Registered motor vehicles over 2000 legs. 3 Tshs. US Dollars (g) Cemmercial Tanzania Registered 'tractors and. trailers. boats 100.00 (h) Commercial Tanzania Registered Aircraf't 800.00 Per annum or Pro rata on quarterly basis. 4. Vehicle Accident Rescue Fee: Any vehicle which Gvertum.s er is involved in an overhead collision will be required to pay special fee as 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 Registered motor vehicles up to 2000 kgs , 1,000.00 (d) Commercial Tanzania Registered motor vehicles over 2000 kgs. 2,000.00 5. Permi1; of Camping .in any period o~ 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 the age of 3 and 16 years of/ age. 1O<ha 5.00 (ill) Resident non-citizen of or above the age of 16 years. 5.00 (iv) Resident non-eitizen between the age of 3 and 16 years of age. 2.00 (v) Each person of below the age of 3 years. :free f'ree 6. Pennit for the Landing of Aircraf'ts and Helicopters per day (24 hours): (a) Tanzania Registered: Private Commercial TShs. Tahs. (i) Un to 6 seaters 500- 1,000.00 (i1) 7 - 12 seaters 1,500= 3,000.00 (iii) Over 18 seaters 3,000- 5.000.00 1,600.00 1,300.00 1,000.00 600.00 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 and not exceeding 16 seaters. 1000- 30.00 (111) ""'018 up. to 7 seaters Resid.ent non-cltiZen. 10.00 (1v) Vehicle o£ 8 aea-ters and. not exceeding 16 seaters Resident non-ei tizen 15.00 (b) The fee for an official guide lIIho accompanies tourists outside his normal station apart from the 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 or proprietor o:f a hotel or lodge in re eet o:f each person \iho lodges 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 or participating in th malting of £1111. ReSident~~Nem- Resident 1 - 10 persons V!!!Uars F1rst week BOO.00 second week 600.00 Third week 400.00 For each subsequent; week 200.00 11 - 20 persons F1rst week Second week Third week For each subsequent week 5 More than 20 person, First week second week Third. week For each subsequent week 2,600.00 2,000.00 1,300.00 600.00 (The Ngorongoro Conservation Area Authority will receive a tree 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) rules 1982 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 Authority on the 8th May 1991. CHAI E. 3. CHAUSI SECfGTA RY I APPROVE •••••••••••••••••• Dar es Salaam •••••••••••••• A. MGUMIA •••••••••••••••••• r'UNISTSR I'D R TOURI SM, NATURAL RESOURCES A..:-.m ~VIRON1"'ENT