Bukoba Town Council (Regulations of Planting, Maintaining and Protecting Trees) By-laws, 1993 (G.N. No. 142 of 1994)

Title and com mence ment Definition GOVERNMENT NOTICE No. 142 published on 22/4/94 THE LOCAL GOVERNMENT (URBAN AUTHORITIES) ACT, 1982 (No.8 OF 1982) BY-LAWS Made under section 80 THE BUKOBA TOWN COUNCIL (REGULATIONS OF PLANTING, MAINTAINING AND PROTECTING TREES) BY-LAWS, 1993 1. These By-laws may be cited as the Bukoba Town Council (Regulation of Planting, Maintaining and Protecting Trees) By-laws, 1993 and shall be deemed to have come into effect on the first day of January, 1993. 2. In these "By laws: "Council" means the Bukoba Town Council; Authorised Officer" includes the Town Director, Town Solicitor and any officer in the Department of Natural Resources, Agricultural Officer and any other person. authorised to act for the Council for the purposes of these By-laws; "Farm" means a lease or a farm or Customary right in an area not declared a planning area; "Forest Reserve" means an area prescribed by the Council specifically for planting trees; "Hazard Area" includes hill slopes, spring walls, river sources, ravines, flood areas, specified beach etc; 366 Bukoba Town Council (Reg. of Plant, Maint. and Prot. Trees) G.N. No. 142 (contd.) ,-~, -'- . . --------------=-~:--::-::--:-:-: "Town" means the area of jurisdiction of the Bukoba Town Council as may from time to time be Constituted; "Resident" means an inhabitant ~ho ordinarily resides within Bukoba Town Council; "Tree" means a tree or shrub or fruit trees growing within the Town; "Specified Area" enco-mpasses a hazard area, a forest reserve, a garden, a park, fauna viewing park, river valley, streets, open spaces, lake, beaches; "Forest ordinance" means the Forest Ordinance Cap. 389 of the laws; "Forest Rules" means the forest rules and Regulation made pursuant to and in directions of the Forest Ordinance as they may be made from time to time under section 30 of the Forest Ordinance. 3.-(1) Subject to the provisions of sub-section (2) of this By-law, these By-laws shall apply through-out the area of jurisdiction of the Council. (2) Where in the opinion of the council circumstance so require the Council may by resolution, modify the aplication of any ofthe provisions of these By-laws to or in relation to any area or in relation to any person or Category of persons in such a manner as the Council may deem fit and may likewise exempt any person or group of persons from all or any of the provisions of these By-laws. 4. Any tree growing in a specified area shall Ire the property of the Council. Applica tion Notifica tion and Exemp tion Owner ship of trees in specified area 5. The Council may from time to time prescribe an area whose trees may be cut, provided that a hazard area shall not be prescribed for such purpose. Council to Specify area where trees may be felled. 6. Every resident who holds land under the grant of a right of occupancy or in accordance with Customary law pertaining to land tenure shall plant trees as set out in the schedule to these By-laws. 7. Every person who has planted trees and owns any area of land on which trees are raised shall keep such area clean and free from weeds. Duty to plant trees Duty to maintain trees 8. Save with the written authority of the Authorised officer or for the purpose approved by the Council, on person shall: (1) wilfully fell or uproot or cause to be felled, cut or uprooted any tree or trees; Protec tion Re striction on felling, cutting or uprooting of trees 367 Bukoba Town Council (Reg. of Plant, Maint. and Prot. Trees) (;.N. No. 142 (comd.) Inspec tion Offence for failure to put off a fire Offence Penalty (2) wilfully or negligently kindle or cause to be kindled any fire which he has reasonable cause to belive may spread so as to destroy or devastate any tree or trees; (3) purposely build in a hazard area and if he does so the Council shall order the person to vacate the area and may prosecute him; (4) intentionally resides, cultivates or mow grass on hazard areas or temper with the natural floor of such areas; (5) the fees for various tree produce are set out in the second schedule to these By-laws. 9. An Authorised Officer may at all reasonable times enter upon any area or property for the purpose of inspection and for ascertaining Compliance with the provisions of these By-laws. 10. Any person residing or is within the proximity of specified area that is on fire, who refuses, fails, neglects to combat the fire or to report of the same to the Ceuncil, or nearest Police Station within the shortest reasonable time shall Commit an offence. 11. Any person who revages or grazes animal on trees in any specified area or any trees grown in pursuit of these By-laws shall commit an offence. 12. AAy person who contravenes or fails to comply with any of the provisions of these By-laws shall be liable on COIlviction to a fine not more than five thousand shillings or to imprisonment for the term not more than six months or to both such fine and imprisonment. FIRsT SCHEDULE Made under section6 (a) Residents in Lbw and Medium Density areas shall plant, maintain and protect not less than ten trees or such number of trees as the Authorised Officer shall direct. (b) Residents holding farms under the grant of Right of occupancy shall plant, maintain and protect trees not less than twenty. (c) In habitants who cultivate food or cash crops on the slopes shall plant trees in a space of not more than fifteen paces from each of the grown trees. (d) Owners of surveyed plots in High Density areas shall plant, maintain and protect not less than four trees orsuch number oftrees as the Authorised Officer shall direct. SECOND SCHEDULE Made under section8(5) (a) Fees for felling of trees falling under: (i) Class one - 1m3 20,0001 (ii) Class two - 1m3 .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15,0001 (iii) Class three - 1m3 :.................. 12,000/ (iv) Class four - 1m3 , 5,0001 (v) Class five - 1m3 2,0001 of the forest rules and Regulations 368 Bukoba Town Council (Dev. of Buld. and Demol. of Dang. Building) G.N. No. 142 (contd.) (b) Fees for selling of forest produce: (i) One bag charcoal 100/ (ii) One bundle fire wood 10/ (iii) One m3 timber 400/ (iv) One bundle roots 20/ (v) One seedling 50/ (vi) One pole 51 (vii) One bundle bark or fibre 20/ The Seal of the Council was hereunto affixed to these By-laws in pursuance of a resolution passect at a meeting of the said Council duly convened and held on 28th day of December, 1992, in the-tmJSence of: HaN SAMWEL N. LuAIIQISA (MP) , Olairman Bukoba Town Council DOMITIAN F. S.BUKURU, Town Director Bukoba Town Council I APPROVE Dodoma, 24th November, 1993 HaN JOHN SAMWEL MALECELA (MP), Prime Minister and First Vice-President