Nkansi District Council (Prevention of Soil Erosion and Water Conservation) By-laws, 1994 (G.N. No. 114 of 1994)

Nkansi District Council (Prevention of Soil Eros. and Water Conservation) GOVERNMENT NOTICE No. 114 published on 8/4/1994 THE LOCAL GOVERNMENT (DISTRICT AUTHORITIES), 1982 (No.9 OF 1982) BY-LAWS Made under section 148 Title Inter pretation Prohi bited Prohi hired areas not to he culti vated or grazed' Proven tion of soil erosion and Water conserva tion in re stricted areas THE NKANSI DISTRICT COUNCIL (PREVENTION OF SOIL EROSION AND WATER CON SERVATION) BY-LAWS, 1994 1. These By-laws shall be cited as the Nkasi District Council (Preven tion of Soil Erosion and Water Conservation) By-laws, 1994 and shall come into operation on the date of approval by the Minister. 2. In these By-laws: "Athorized Officer" means any person appointed by the Council for the purposes of these By-laws; ""Agricultural Officer" means any person in the service of the Council appointed to'perform the duties of an agricultural Officer; "Council" means the Nkansi District Council; "Prohibited area" means any area which forms part of a steep slope is within fifteen metres of a river, a gully or a spring and including area which under these By-laws may be declared a prohibited area; "preserved area" means any area declared a preserved area under these By-laws; "steep slope" means any slope which has a percentage of slope or not less than thirty percent. 3.-(1) The Council may declare any area a prohibited or preserved. (2) All areas listed in the First Schedule to these By-laws are hereby declared to be preserved areas; (3) The Council may be resolution of the full Council amend. vary or modify the First Schedule. 4. No person shall cultivate, cut any tree, grass or graze animals or any prohibited area. 5. The Council after concultation with an agricultural Officer prescribe. in writing the type of agricultural or animal husbandry, the type of crops that may be planted and the steps to be taken for the prevention of soil erosion and consevation of water in a prescribe or restricted area. 298 Nkansi District Council (Prevention of Soil Eros. and Water Conservation) G.N. No. 114 (contd.) 6.-(1) No person shall cultivate, grass, cut trees in a preserved or restricted areas without first having obtained a written permit in the the form shown in the Second Schedule from an authorized officer. (2) Any person who cultivate or grazes on any preserved or restricted area shall comply with the conditions endorsed on the permit issued under paragraph (1) of this By-laws together with any direction given by an agricultural Officer or authorized Officer which are necessary having to the conservation of Water and Prevention of Soil erosion. (3) Without prejudice to the generality of Paragraph (2) of this By laws, a person who cultivates on any preserved or restricted area which is on a slope or valley, shall for the purpose of proventing soil erosion and conserving water, cultivate and maintain rerms, and shall eract helges if he is required to do so by an agricultural Officer or an authorized Officer. 7. No person shall fail trees for the purpose of making Charcoal, sawing timber in a preserved or restricted area without first obtaining a valid licence and a written permit in the form shown in the Second Schedule to these Bv-laws. 8. A Police Officer, an authorized Officer or an agricultural Officer may at all reasonable times enter upon any land for the purpose of inspection and for ensuring compliance with the provision of these By laws. \). Any matter which may be prescribed by the Council under the provisions of these By-laws shall be published in such manner as will in the opinion of the Council, ensure the contents thereof coming to the notice of the members of the Public who will or are likely to be affected hereby. 10.-(1) Any person who contravenes or fails to comply with any of the previsions. of these By-laws or any direction given by the Council shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand Shillings or imprisonment for a term not exceeding three months or to both such fine and imprisonment. (2) In addition to any penalty which may be imposed, the court trying any case under these By-laws may issue any order which it considers appropriate in the circumstances. 11. Where upon the coming into force of these By-laws a person is maintaining any cultivated area in any area which is a prohibited area under these By-laws, and on which area he has planted permanent Crops. and trees, he may continue maintaining such crops and trees. Provided that he shau not cut any tree he has planted or which it growing in the area unless he planted another tree to replace any tree he cuts. The Common Seal of Nkansi District Council was hereinto affixed in pursuance of a resolution passed at a meeting of the said Council duly convened and held on the 25th day of July, 1991 and the same WaG affixed in the presence of: 299 Subject to conditions Timber and Char coal Per mits Inspec tion Publica tion of Council's decisions etc. Penalty Transi tional Nkansi District Council (Prevention of Soil Eros. and Water Conservation] G.N. No. 114 (contd.] FIRST SCHEDULE (BY-LAWS 3(2) FIRST COLUMN SECOND COLUMN Name ofWard Desription 1. Narnanyere (1) All Villages in Namanyere Ward. 2. Mtenga (2) All Villages in Mtenga Ward. 3. Chala· (3) All Villages in Chala Ward. 4. Mkwamba (4) All Villageain MkwambaWard. 5. Kirando (5) All Village in Kirando Ward. 6. Kabwe (6) All Villages in Kabwe Ward. 7. Wampembe (7) All Villages in Wampembe Ward. 8. Kala (8) All Villages in Kala Ward. 9. Kate (9) All Villages in Kate Ward. 10. Kipande (10) All Villages in Kipande Ward. SECOND SCHEDULE By-laws 6(1)(7) The Nkansi District Council (Prevention of Soil Erosion and Water conservation) By laws, 1991. Mr/Mrs/Miss: has been permitted . ............................................. (Insert relevant purpose permit whether to fell trees, cultivation for agricultural purposes, Charcoal Making etc )in .. Area on the following conditions: I. .. . 2 . 3 . >l.. ..........•. .~ . (1-4 insert relevant conditions) Authorized Officer/Agricultural Officer Dodoma, 29th June, 1993 FRANCIS A. KABUKA, Acting District Executive Director D. J. MIPATA, Chairman I APPROVE JOHN S. MALECEl.A (MP), Prime Minister and First Vice-President 300