Wildlife Conservation Act (No. 5 of 2009)

Wildlife Conservation PART I PRELIMINARY PROVISIONS 1. Short title and commencement. 2. Application. 3. Interpretation. 4. Ownership of animals. PART II OBJECfIVES 5. Objectives ofthe Act. 6. Promotion of the Wildlife Policy. PART III INSTITUTIONAL ARRANGEMENT AND ADMINISTRATION 7. Director of Wildlife. 8. Wildlife Authority. 9. Issuance of honorary certificate. 10.Minister to establish the Wildlife Protection Unit. 11. Functions ofthe Unit. 12.Administration of the Unit. 13. Right to possess and use firearms and ammunition. Wildlife Conservation THE Wll..DLIFE CONSERVATION ACT. 2009 ARRANGEMENT Of' SBCTIONS PART I PRELIMINARY PROVISIONS Section Title 1. Short title and commencement. 2. Application. 3. Interpretation. 4. Ownership of animals. 5. Objectives of the Act. PART II OBJECTIVES 6. Promotion of the Wildlife Policy. PART III INSTITUTIONAL ARRANGEMENT AND ADMJNISTRATJON 7. DirectorofWildlife. 8. WildlifeAuthority. 9. Issuance of honorary certificate. l 0. Minister to establish the Wildlife Protection Unit. 11. Functions of the Un it. 12.Administration of the Unit. 13. Right to possess and use fire.arms and ammunition. Wildlife Conservation PART IV WILDLIFE PROTECTED AREAS AND GENERAL RESTRICTION (a) Game Reserve, Wetlands Area, Wetlands Reserve and Game Controlled Area 14. Establishment of game reserves. 15. Restriction on entry into a game reserve. 16. Establishment and management of game controlled area, wet lands reserve and wetlands area. 17. Restriction on possession of weapons in game reserve. 18. Protection of vegetation in game reserve and wetlands reserve. 19. Hunting in game reserve or game controlled area or wetlands re serve. 20. Other restrictions applying to game reserve, wetlands reserve and game controlled area. 21. Restrictions on grazing livestock in a game reserve, game con trolled area and wetlands reserve. (b) Protection of Wildlife Corridor, Dispersal Area, Buffer Zones and Migratory Routes 22. Designation of wildlife corridors, dispersal areas, buffer zones and migratory routes. (c) Species Management Area 23. Establishment of species management area. 24. Restrictions relating to species management area. (d) Declaration of National Game 25. Declaration of national game. 26. Restrictions relating to national game. 27. Declaration of closed season. 28. Restrictions relating to closed season. 2 No. 5 Wildlife Conservation 2009 PART IV WILDLIFE PROTECTED AREAS AND GENERAL RESTRICTION (a) Game Reserve, Wetlands Area, Wetlands Reserve and Game Controlled Area 14. Establishment of game reserves. 15. Restriction on entry into a game reserve. 16. Establishment and management of game contro lied area, wet lands reserve and wetlands area. 17. Restriction on possession of weapons in game reserve. 18. Protection of vegetation in game reserve and wetlands reserve. 19. Hunting in game reserve or game controlled area or wetlands re serve. 20. Other restrictions applying to game reserve, wetlands reserve and game controlled area. 21. Restrictions on grazing livestock in a game reserve, game con trolled area and wetlands reserve. (b) Protection of Wildlife Corridor; Dispersal Area, Bef.fer Zones and Migratory Routes 22. Designation of wildlife corridors, dispersal areas, buffer zones and migratory routes. (c) Species Management Area 23. Establishment of species management area. 24. Restrictions relating to species management area. (d) Declaration of National Game 25. Declaration of national game. 26. Restrictions relating to national game. (e) Closed Season 27. Declaration of closed season. 28. Restrictions relating to closed season. Wildlife Conservation (f) General Provisions 29. President may lift restrictions. 30. Restrictions of hunting in a National Park and Ngorongoro Conservation Area. PART V WILDLIFE MANAGEMENT AREA 31. Establishment and management of Wildlife Management Area and benefit sharing. 32. Declaration of Wildlife Management Area. 33. Establishment of District Natural Resources Advisory Body. PART VI GENERAL MANAGEMENT MEASURES 34. Management Plans. 35. Environmental Impact Assessment. 36. Wildlife Impact Assessment. 37. Environmental Audit and Monitoring. PART VII CONSUMPTIVE AND NON-CONSUMPTIVE USE OF WILDLIFE (a) Hunting of Animals 38. Hunting Block Allocation Advisory Committee and procedure on ap plication. 39. Minister may restrict grant of licences and permits. 40. No hunting without licence. 41. Amendment of Schedules. 42. Wounding ofanimals. 43. General provisions relating to game licences. 44. Trophy and subsistence hunting. 45. Access to wildlife by traditional community. 46. Hunting of specified and scheduled animal. 47. Unlawful hunting of specified or scheduled animal. 48. Professional hunter licence. No.5 Wildlife Conservation (j) General Provisions 29. President may lift restrictions. JO. Restrictions of hunting in a National Park and Ngorongoro Conservation Area. PARTY WILDLIFE MANAGEMENT AREA 31. Establishment and management of Wildlife Management Area and benefit sharing. 32. Declaration of Wildlife Management Area. 33. Establishment of District Natural Resources Advisory Body. PART VI GENERAL MANAGEMENT MEASURES 34. Management Plans. 35. Environmental Impact Assessment. 36. Wildlife Impact Assessment. 3 7. Environmental Audit and Monitoring. PART VII CONSUMPTIVE AND NON-CONSUMPTIVE USE OF WILDLIFE (a) Hunting of Animals 38. Hunting Block Allocation Advisory Committee and procedure on ap plication. 39. Minister may restrict grant of licences and perm its. 40. No hunting without licence. 41. Amendment of Schedu !es. 42. Wounding of animals. 43. Genera) provisions relating to game licences. 44. Trophy and subsistence hunting. 45. Access to wildlife by traditional community. 46. Hunting of specified and scheduled animal. 47. Unlawful hunting of specified or scheduled animal. 48. Professional hunter licence. 2009 3 Wildlife Conservation (b) Capture of Animal 50. No animal to be captured without permit. 51. Grant of capture permit. 52. General provisions relating to capture permits. 53. Unlawful capture of an animal. (c) Non-Consumptive Wildlife Tourism 54. Non-consumptive wildlife tourism. (d) General Provisions relating to Hunting 55. Hunting of unscheduled animals without permit. 56. Killing of young animals and female pregnant animal prohibited. 57. Hunting or capture on land. 58. Special licence. 59. Security for compliance with this Act. 60. Licence, etc. not transferable. 61. Recording of game and surrender of licence. 62. Extension of licence by the Director. 63. Animal killed by accident or in error. 64. Director may regulate type of weapons. 65. Unlawful methods of hunting. (e) Provisions Relating to Licenses and Matters Related to Licences 66. Refusal, cancellation, variation and suspension of licence etc. 67. Disqualification from grant of licence, etc. 68. Licences may be issued or varied subject to conditions PART VIII HUMAN-WILDLIFE CONFLICT 69. Management of problem animals. 70. Dangerous animals. 71. Consolation for loss oflife, crops of injury caused by dangerous animals. 72. Wounding of dangerous animals. 4 No. S Wildlife Conservation 49. Professional hunter licence for a non citizen. {b) Capture of Animal 50. No animal to be captured without permit. 51. Grant of capture permit. 52. General provisions relating to capture permits. 53. Unlawful capture of an animal. (c) Non-Consumprive Wildlife Tourism 54. Non-consumptive wildlife tourism. (d) General Provisions relating to Hunting 55. Hunting of unscheduled animals without permit 2009 56. Killing of young animals and female pregnant animal prohibited. 5 7. Hunting or capture on land. 58. Special licence. 59. Security for compliance with this Act. 60. Licence, etc. not transferable. 61. Recording of game and surrender of li~ence. 62. Extension of licence by the Director. 63. Animal killed by accident or in error. 64. Director may regulate type of weapons. 65. Unlawful methods of hunting. (e) Provisions Relating to Licenses and Matters Related to Licences 66. Refusal, cancellation, variation and suspension of licence etc. 67. Disqualification from grant of licence, etc. 68. Licences may be issued or varied subject to conditions PART VIII HUMAN-WD..,DLIFE CONFLICT 69. Management of problem animals. 70. Dangerous animals. 71. Consolation for loss oflife, crops ofinjwy caused by dangerous animals. 72. Wounding of dangerous animals. Wildlife Conservation 73. Killing animal in defence of life 74. Restriction on human activities etc. in wildlife protected area borderline. 75. Accidental killing or wounding in self defence. 76. Killing of animals for public interest. PART IX REGISTRATION OF CERTAIN TROPHIES 77. Interpretation. 78. Trophy to be produced to the licensing officer within thirty days. 79. Offences relating to non-registration. PART X DEALINGS IN TROPHIES 80. No dealing in trophies without trophy dealer's licence. 81. No transfer of trophy. 82. Export of trophy. 83. Import oftrophy. 84. Unlawful dealing in trophies. PART XI GOVERNMENT TROPHIES 85. Government trophies. 86. Unlawful possession of Government trophy. 87. Duty to report possession of Government trophy. 88. Disposal of Government trophy. PART XII WILDLIFE RANCHING, FARMING, BREEDING AND SANCTUARIES 89. Wildlife ranching, farming, breeding, zoos, orphanage centres and game sanctuaries. 90. Regulations of activities in wildlife farms, zoos and sanctuaries. No. S Wildlife Conservation 73. Killing animal in defence oflife 74. Restriction on human activities etc. in wildlife protected area borderline. 75. Accidental kiHing or wounding in self defence. 76. Killing of animals for public interest. 77. Interpretation. PART IX REGISTRATION OF CERTAIN TROPHIES 78. Trophy to be produced to the licensing officer within thirty days. 79. Offences relating to non-registration. PARTX DEALINGS IN TROPHIES 80. No dealing in trophies without trophy dealer's licence. 81. No transfer of trophy. 82. Export of trophy. 83. Import of trophy. 84. Unlawful dealing in trophies. PART XI GOVERNMENT TROPHIES 85. Government trophies. 86. Unlawful possession of Government trophy. 87. Duty to report possession of Government trophy. 88. Disposal of Government trophy. PART XII WILDLIFE RANCHING, FARMING, BREEDING AND SANCTUARIES 89. Wildlife ranching, farming, breeding, zoos, orphanage centres and game sanctuaries. 90. Regulations of activities in wild1ife farms, zoos and sanctuaries. 2009 5 Wildlife Conservation PART XIII TANZANIA WILDLIFE PROTECTION FUND 91. The Tanzania Wildlife Protection Fund and its objectives. 92. The Board of Trustees, functions and powers. 93. Books of accounts, records and annual reports. PART XIV PROTECTED SPECIES AND INTERNATIONAL OBLIGATIONS 94. Declaration of protected species and duty to abide to international obligations. PART XV INTERNATIONAL TRADE IN WILDLIFE SPECIES AND SPECIMENS PART XVI EDUCATION, TRAINING AND RESEARCH 96. Establishment of training institutions. 97. Research. 98. Education and awareness creation. 99. Financial contributions to wildlife training and research institutions. PART XVII OFFENCES, PENALTIES, FORFEITURES AND OTHER LEGAL PROCEEDINGS 100. Burden of proof. 101. Disposal of trophies during proceedings. 102. Where trophies belong to another person. 103. Possession of weapons etc. in certain circumstances to be an offence. 104. Duty to take care of licences, permits, trophies etc. 105. Offences relating to licences, etc. 6 No. S Wildlife Consenalion 2009 PART XIII TANZANIA WILDLIFE PROTECTION FUND 91. The Tanzania Wildlife Protection Fund and its objectives. 92. The Board of Trustees, functions and powers. 93. Books of accounts, records and annual reports. PARTXN PROTECfED SPECIES AND INTERNATIONAL OBLIGATIONS 94. Declaration of protected species and duty to abide to international obligations. PART XV INTERNATIONAL TRADE IN WILDLIFE SPECIES AND SPECIMENS 95. Issuance of export, re-export and import pennit. PART XVI EDUCATION, TRAINING AND RESEARCH 96. Establishment of training institutions. 97. Research. 98. Education and awareness creation. 99. Financial contributions to wildlife training and research institutions. PART XVII OFFENCES, PENALTIES, FORFEITURES AND OIBER LEGAL PROCEEDINGS (a) Evidentiary Provisions 100. Burden of proof. l O 1. Disposal of trophies during proceedings. 102. Where trophies belong to another person. (b) General Offences 103. Possession of weapons etc. in certain circumstances to be an offence. 104. Duty to take care of licences, pennits, trophies etc. 105. Offences relating to licences, etc. 106. Power of search and arrest. 107. Interference with or obstruction ofauthorised officer. 108.Assault on authorised officers. 109. Protection of officers. 110. Erection of barrier. 111.Forfeiture. 112. Provisions governing minimum sentences. 113.Jurisdiction of Court. 114.Assesment of trophy and livestock value. 115. Powers to prosecute. PART XVIII MISCELLANEOUS PROVISIONS 117. Rewards. 118.Protection of persons providing information. 119.Registration of past offenders. 120.Continuous registration of offenders. 121.Regulations and other subsidiary legislation. PART XIX REPEAL, SAVINGS AND TRANSmONAL PROVISIONS 122.Repeal, savings and transitional provisions No, 5 Wildlife Conservation (c) General Provisions 106. Power of search and arrest. 107. Interference with or obstruction of authorised officer. I 08. Assault on authorised officers. 109. Protection of officers. 110. Erection of barrier. 111. Forfeiture. 112. Provisions governing minimum sentences. 113. Jurisdiction of Court. 114. Assesment of trophy and livestock value. 115. Powers to prosecute. (d) Compounding offences 116. Director's power to compound certain offences. PART XVIII MISCELLANEOUS PROVISIONS 117. Rewards. 118. Protection of persons providing information. 119. Registration of past offenders. 120. Continuous registration of offenders. 121. Regulations and other subsidiary legislation. PART XIX REPEAL, SAVINGS AND TRANSmONAL PROVISIONS 122. Repeal, savings and transitional provisions SCHEDULES 2009 7 Wildlife Conservation '~~ "-.J' / \. ;... ,~Y -, I ~~~ ::--I .--./- / " ~.~~~/ ",' / ~I ASSENT• ..............:~~~.~~~.~~ .~..u··I·-:···~:~;r~~·~~~ President ,,\~ •.. ~~ .....!.~~.:~.~~ ... An Act to make better provisions for the conservation, management, protection and sustainable utilisation of wildlife and wildlife products; to repeal the Wildlife Conservation Act Cap. 283 and to provide for other related matters PART I PRELIMINARY PROVISIONS title 1.-( 1) This Act may be cited as the Wildlife Conservation Act. 2008. (2) This Act shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. 2. This Act shall apply to Mainland Tanzania. 3. In this Act, unless the context otherwise requires "aerodrome" means a defined area on land or water (including any Short title and commen cement Applica tion Interpreta tion No,5 Wildlife Conservation 2009 9 THE UNITED REPUBLIC OF TANZANIA An Act to make better provisions for the conservation, management, protection and sustainable utilisation of wildlife and wildlife products; to repeal the Wildlife Conservation Act Cap. 283 and to provide for other related matters ENACTED by Parliament of the United Republic of Tanzania. PART! PRELIMINARY PROVISIONS Section title 1.-( 1) This Act may be cited as the Wildlife Conservation Act, 2008. Short (2) This Act shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. 2. This Act shall apply to Mainland Tanzania. 3. In this Act. unless the context otherwise requires "aerodrome" means a defined area on land or water (including any title and commen cement Applica tion lnterpreta ti on Wildlife Conservation buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; "animal" means any kind of vertebrate and invertebrate animal and the ... young and egg thereof, other than domestic animals; I '~antn1aLturshes"means the tooth or teeth that protrude from the mouth of warthogs; bush pigs or animals in the family of Suidae; jauthQrised asiiQeiation" means a community-based organisation whose . - primary objeCtive is to conserve wildlife resources for the benefit of local communitY members ordinarily residing in that particular area; "authorised officer'l-means the Director of Wildlife, a wildlife officer, WildJifd'warden, wildlife ranger or police officer, and includes the foIIowing- (a) an employee of the Forest and Beekeeping Division of, or above the rank of forest ranger; (b) an employee of the national parks of, or above the rank of park ranger; (c) an employee of the Ngorongoro Conservation Area of, or above the rank of ranger; (d) an employee of the Fisheries Division of, or above the rank of fisheries assistant; (e) an employee in a Wildlife Management Area of a designation of a village game scout; (f) an employee of the Marine Parks and Reserve of, or above the rank of marine parks ranger; (g) an employee of the Antiquities Division of, or above the rank of conservator of antiquities; and (h) any other public officer or any person, who shall be appointed in writing by the Director; "Board" means the Board of Trustees of the Tanzania Wildlife Protection Fund established by Section 91; "buffer zone" means an area surrounding a conservation area which the Minister may, by notice in the Gazette declare in relation to the conservation area; "captive breeding" means rearing of an animal in a controlled environment for commercial or conservation purposes; "capture" includes any act directed at the taking of any animal, nest or egg; "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973 and includes any appendices 10 No. 5 Wildlife Conservation 2009 buildings, installations and equipment) intended to be used either wholly ot in part for the arrival, departure and surface movement of aircraft; "animal" means any kind of vertebrate and invertebrate animal and the , . . . )'OUng and egg thereof, other than domestic animals; · '!anfrflaLturshes" means the tooth or teeth that protrude from the mouth of warthogs," bush pigs or animals in the family of Suidae; ;authorised association" means a community-based organisation whose · primary objecCive is to conserve wildlife resources for the benefit of local communffy members ordinarily residing in that particular area; "authorised officcr"·means the Director of Wildlife, a wildlife officer, · wildJife"warden, wildlife ranger or police officer, and includes the .. -following .(a) an employee of the Forest and Beekeeping Division of, or above the rank of forest ranger; {b) an employee of the national parks of, or above the rank of park ranger; { c) an employee of the Ngorongoro Conservation Area of, or above the rank of ranger; {d) an employee of the Fisheries Division of, or above the rank of fisheries assistant; (e) an employee in a Wildlife Management Area of a designation of a village game scout; {f) an employee of the Marine Parks and Reserve of, or above the rank of marine parks ranger; (g) an employee of the Antiquities Division of, or above the rank of conservator of antiquities; and (h) any other public officer or any person, who shall be appointed in writing by the Director; "Board" means the Board ofTrustees of the Tanzania Wildlife Protection Fund established by Section 91; "buffer zone" means an area surrounding a conservation area which the Minister may, by notice in the Gazette declare in relation to the conservation area; "captive breeding" means rearing of an animal in a controlled environment for commercial or conservation purposes; "capture" includes any act directed at the taking of any animal, nest or egg; "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973 and includes any appendices Wildlife Conservation thereto and any resolutions of the Conferences of the Parties; "closed season" means a period declared by the Minister under section 26; "Commissioner of Customs" includes a customs officer employed by the Tanzania Revenue Authority; "conservation" in relation to the widelife, means protection, management and sustainable utilization of wildlife resources, habitat, ecosystem and the non-living environment supporting such resources, habitat or ecosystem with actual or potential use or value; "conservation area" means (a) a game reserve established under section 13; (b) a game controlled area established under section 15; (c) a corridor area, migratory route, buffer zone and dispersal area designated under section 21; (d) a Wildlife Management Area established under section 31; (e) a national park established under the National Parks Act; (f) the Ngorongoro Conservation Area established by the Ngorongoro Conservation Area Act; (g) a conservation area established under the Antiquities Act; (h) a marine reserve established under the Marine Parks and Reserves Act; (i) a forest reserve established under the Forest Act; and (j) any other conservation area. "consumptive use" means the taking of flora or the hunting or capturing of fauna in accordance with the provisions of this Act or any other protected law; "core protected area" means a national park, game reserve, wetlands reserve, the Ngorongoro Conservation Area and any other protected area declared under this Act or any other written law; "dangerous animal" means any animal specified in the Fourth Schedule to this Act; "Director" means the Director of Wildlife appointed under section 7; "dispersal area" means an area habitually used by wild animal species for feeding, laying, storing eggs, rearing or feeding their young, and includes breeding places; "dwelling house" means any building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or sevants or any ofthem, irrespective of whether it is not Cap. 282 Cap. 284 Cap. 333 Cap. 146 No. 5 Wildlife Conservation thereto and any resolutions of the Conferences of the Parties; "closed season" means a period declared by the Minister under section 26; "Commissioner of Customs" includes a customs officer employed by the Tanzania Revenue Authority; "conservation" in relation tothewidelife, means protection, management and sustainable utilization of wildlife resources, habitat, ecosystem and the non-Jiving environment supporting such resources, habitat or ecosystem with actual or potential use or value; "conservation area" means (a} a game reserve established under section 13; (b) a game controlled area established under section 15; (c) a corridor area, migratory route, buffer zone and dispersal area designated under section 21 ; (d) a Wildlife Management Area established under section 31; 2009 11 ( e} a national park established under the National Parks Act; Cap. 282 (f) the Ngorongoro Conservation Area established by the Cap. 284 N gorongoro Conservation Area Act; (g) a conservation area established under the Antiquities Act; Cap. 333 (h) a marine reserve established under the Marine Parks and C11p.146 Reserves Act; (i) a forest reserve established under the Forest Act; and Cap. 323 U) any other conservation area. "consumptive use" means the taking of flora or the hunting or capturing of fauna in accordance with the provisions of this Act or any other protected law; "core protected area" means a national park, game reserve, wetlands reserve, the N gorongoro Conservation Area and any other protected area declared under this Act or any other written law; "dangerous animal" means any animal specified in the Fourth Schedule to this Act; "Director" means the Director of Wildlife appointed under section 7; "dispersal area11 means an area habitually used by wild animal species for feeding, laying, storing eggs, rearing or feeding their young, and includes breeding places; · "dwelling house" means any building or structure which is for the time Cap, 16 being kept by the owner or occupier for the residence therein of himself, his family or sevants or any of them, irrespective of whether it is not Act No.13 of2007 Wildlife Conservation regularly used, and includes a building or structure adjacent to or occupied with dwelling house if there is communication between that building or structure and the dwelling house,either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; "export" means to take or cause any trophy to be taken to any place outside the country; "Environmental Impact Assessment" shall have a meaning ascribed to it under the Environmental Management Act; "farming" means intensive husbandry, breeding or raising of one or more wild animal species on a totally enclosed surface area that is less than twenty five hectares in a manner that tends to domesticate the animal or animals, with a view to engaging in different forms of wildlife utilization; "fish" shall have the meaning assigned to it under the Fisheries Act; "foreign livestock" means a livestock grazed in a game or wetland reserve in contravention of section 17 the owner of which (a) is not a Tanzanian and resides outside Tanzania; (b) resides within Tanzania illegally; (c) his ownership is entrusted to a person living in Tanzania while the owner resides or ought to reside outside Tanzania; "Fund" means the Tanzania Wildlife Protection Fund; "game" means any animal specified in the Schedules to this Act and includes the eggs and young of any such animal; "game animal" means a mammal, amphibian, bird, reptile, insects and includes eggs and young ofthe aforementioned; "game bird" means any bird specified in Part B of the Second Schedule to this Act and includes the eggs and young thereof; "game controlled area" means any area declared to be a game controlled area by an order made under section 15; "game reserve" means any area declared to be a game reserve by an order made under section 13; "game sanctuary" means a place where wild animals are reared in captivity in a natural state, primarily for educational and recreational purposes; "hide" means any form of man-made screen, fence, platform, pit or ambush intended to conceal a hunter; "highway" shall have the meaning assigned to it under the Road Act; "horn" includes rhinoceros horn; "hours of darkness" means the period commencing at 6.30 p.m. on any 12 No, 5 Cap.191 Cap.279 Act No.13 of2007 Wildlife Conservation 2009 regularly used, and includes a building or structure adjacent to or occupied with dwelling house ifthere is communication between that building or structure and the dwelling house,either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; "export" means to take or cause any trophy to be taken to any place outside the country; 11Environmental Impact Assessment" shall have a meaning ascribed to it under the Environmental Management Act; "fanning" means intensive husbandry, breeding or raising of one or more wild animal species on a totally enclosed surface area that is less than twenty five hectares in a manner that tends to domesticate the animal or animals, with a view to engaging in different fonns of wildlife utilization; "fish" shall have the meaning assigned to it under the fisheries Act; "foreign livestock" means a livestock grazed in a game or wetland reserve in contravention of section 17 the owner of which (a) is not a Tanzanian and resides outside Tanzania; (b) resides within Tanzania illegally; (c) his ownership is entrusted to a person living in Tanzania while the owner resides or ought to reside outside Tanzania; "Fund" means the Tanzania Wildlife Protection Fund; "game" means any animal specified in the Schedules to this Act and includes the eggs and young of any such animal; "game animal" means a mammal, amphibian, bird, reptile, insects and includes eggs and young of the aforementioned; "game bird 11 means any bird specified in Part B of the Second Schedule to this Act and includes the eggs and young thereof; "game controlled area" means any area declared to be a game controlled area by an order made under section 15; "game reserve" means any area declared to be a game reserve by an order made under section 13; "game sanctuary11 means a place where wild animals are reared in captivity in a natural state, primarily for educational and recreational purposes; "hide" means any fonn of man-made screen, fence, platfonn, pit or ambush intended to conceal a hunter; "highway" shall have the meaning assigned to it under the Road Act; "horn" includes rhinoceros horn; "hours of darkness" means the period commencing at 6.30 p.m. on any Wildlife Conservation day and expiring at 5.30 a.m. on the fol1owing day; "hunting" includes any act directed or incidental to the killing of any animal; "hunting block" means any area with game animals which has been delineated or set aside and approved by the Director for trophy hunting; "hunting Iicence" means any licence issued under Part vn for the hunting of an animal; "indigenous knowledge systems" means the systems of norms, cultures, rites, rituals and other wildlife conservation and management related practices oftraditional communities which have been proved to enable the communities interact with, and utilise wildlife resources in a sustainable manner; "ivory" means elephanttusk; "licensing officer" means a wildlife officer designated as such by the Director under sub-section 7(5); "livestock" includes cattle, sheep, goats, pigs, horses, mules, donkeys and al1other domesticated animals and their eggs and young; "Manager of the Fund" means a person who manages day to day activities of Tanzan ia Wildlife Protection Fund; "manufactured trophy" means any article made either wholly or partly, of or from any durable part of an animal by subjecting such part to any chemical or mechanical process, tanning, sewing or other process whatsoever; "meat" includes the fat, blood or flesh of any animal whether fresh, dried, pickled or otherwise preserved; "mechanically propelled vehicle" means all vehicles, including watercraft and aircraft, which receive their motive power from internal combustion, steam, reaction or electrical propulsion; "migratory route" means an area of a strip or zone of land used by herds of wild animals during their migratory cycles or seasonal movements; "Minister" means the Minister responsible for wildlife; "national game" means any animal declared as such by the Minister under section 24; "national park" means an area set aside as a national park under the Cap.282 National Parks Act; "non-consumptive use" means the use of scenery, cultural and natural resources that does not involve taking any specimen from the scene, cultural site or the wild and includes game viewing, bird watching, walking safaris, hiking, canoeing, boating, scuba diving, mountaineering and any other similar or related activity; No. 5 Wildlife Conservation day and expiring at 5.30 a.m. on the following day; "hunting" includes any act directed or incidental to the killing of any animal; "hunting block" means any area with game animals which has been delineated or set aside and approved by the Director for trophy hunting; .. hunting licence" means any licence issued under Part VIl for the hunting of an animal; "indigenous knowledge systems" means the systems of norms, cultures, rites, rituals and other wildlife conservation and management related practices of traditional communities which have been proved to enable the communities interact with, and utilise wildlife resources in a sustainable manner; "ivory" means elephant tusk; "licensing officer" means a wildlife officer designated as such by the Director under sub-section 7(5); "livestock'' includes cattle, sheep, goats, pigs, horses, mules, donkeys and all other domesticated animals and their eggs and young; "Manager of the Fund" means a person who manages day to day activities ofTan1.ania Wildlife Protection Fund; "manufactured trophy" means any article made either wholly or partly, of or from any durable part of an animal by subjecting such part to any chemical or mechanical process, tanning, sewing or other process whatsoever; "meat" includes the fat, blood or flesh of any animal whether fresh, dried, pickled or otherwise preserved; "mechanically propelled vehicle'' means all vehicles, including watercraft and aircraft, which receive their motive power from internal combustion, steam, reaction or electrical propulsion; "migratory route" means an area of a strip or zone of land used by herds of wild animals during their migratory cycles or seasonal movements; "Minister'' means the Minister responsible for wildlife; "national game" means any animal declared as such by the Minister under section 24; 2009 13 "national park" means an area set aside as a national park under the Cap.282 National Parks Act; "non-consumptive use" means the use of scenery, cultural and natural resources that does not involve taking any specimen from the scene, cultural site or the wild and includes game viewing, bird watching . wa I.king safaris, hiking, c.anoeing, boating, scuba diving, mountaineering and any other similar or related activity; Wildlife Conservation "non-consumptive wildlife tourism" means game viewing, walking safaris, campaing, balloon safaris, canoe rafting, bird watching, sport fishing, hiking, mountain climbing, expeditions, documentary and commercial photographing, video shooting, filming, cinematograph, and includes any other activity of similar nature directed at dawing leusure out of the use of wildlife; "orphanage centre" means a place where wild animals incapacitated by reason of physical disability or without parent care, are kept in captivity for their surivival; "owner" in relation to any land means the person holding or deemed by any written law to be holding a right of occupancy over the land and includes a lessee, a mortgagee in possession and any person authorized by the owner, lessee or mortgagee to act on his behalf or in his absence; "photographing of wildlife" means an act of taking picutures of any animal or process, and includes cinematography, video shooting and filming of wildlife or its habitat; "protected area" means an area of land or sea specifically protected for maintenance of biological diversity, natural or associated cultural resources and managed through legal or other effective means; "protected species" means any species declared under section 94; "purhcase" and "sell" includes barter; "road" means any highway and any other road to which the public has access and includes bridges over which a road passess but does not include a road or part of a road within the cartilage of a dwelling house; "scheduled animal" means an animal specified in the Third Schedule to this Act; "specified animal" means an animal specified in the Second Schedule to this Act; "species" means any species, subspecies or geographically separate population thereof; "species management area" means an area of land or water that is subjected to active intervention for management purposes in order to ensure the maintenance of habitat or to meet the , requirements of specific species; "specimen" means (a) any animal or plant, whether alive or dead; 14 No. S Wildlife Conservation 2009 ''non-consumptive wildlife tourism" means game viewing. walking safaris, campaing, balloon safaris, canoe rafting, bird watching, sport fishing. hiking, mountain climbing, expeditions, documentary and commercial photographing, video shooting, filming, cinematograph, and includes any other activity of similar nature directed at dawing leusure out of the use of wildlife; "orphanage centre" means a place where wild animals incapacitated by reason of physical disability or without parent care, are kept in captivity for their surivival; ''owner" in relation to any land means the person holding or deemed by any written law to be holding a right of occupancy over the land and includes a lessee, a mortgagee in possession and any person authorized by the owner, lessee or mortgagee to act on his behalf or in his absence; "photographing of wildlife" means an act of taking picutures of any animal or process, and includes cinematography, video shooting and filming of wildlife or its habitat; "protected area" means an area of land or sea specifically protected for maintenance of biological diversity, natural or associated cultural resources and managed through legal or other effective means; "protected species" means any species declared under section 94; "purhcase" and "sell" includes barter; ''road" means any highway and any other road to which the public has access and includes bridges over which a road passess but does not include a road or part of a road within the cartilage of a dwelling house; "scheduled animal" means an animal specified in the Third Schedule to this Act; "specified animal" means an animal specified in the Second Schedule to this Act; "species" means any species, subspecies or geographically separate population thereof; "species management area" means an area of land or water that is subjected to active intervention for management purposes in order to ensure the maintenance of habitat or to meet the requirements of specific species; "specimen" means (a) any animal or plant, whether alive or dead; Wildlife Conservation (b) in the case of an animal: for species included in Appendices I and II of CITES and any readily recognizable part or derivate thereof; and for species included in Appendix III of CITES, any readily recognizable part of derivative thereof specifed in Appendix III of CITES; (c) in the case of a plant: for species included in Appendix I of CITES, any readily recognizable part of derivative thereof; and species included in Appendices I and II of CITES, any readily recoginizable part of derivative thereof specified in Appendices II and III of CITES in relation to the species; "traditional conununity" means an assemblage of people ordinarily resident on areas habitually occupied by wildlife and whose social, cultural and ordinary lifestyles are dependent upon wildlife and who have been declared by an order made under section 44; "trophy" means any animal alive or dead, and any horn, ivory, tooth, tursh, bone, claw, hoof, skin, meat, hair, feather, egg or other portion of any animal and includes a manufactured trophy; "trophy dealer" means any person who is licensed to capture, buy, sell, keep, transport, cut, carve, polish, clean, mount, preserve or process trophies for commercial purposes; "trophy hunting" means hunting as prescribed under the Tourist Hunting Regulations; "unit" means the Wildlife Protection Unit established under section 9; "vehicle" means a vehicle of any description whatsoever and howsoever drawn or propelled, and includes a vessel and an aircraft; "vessel" means a ship, boat, dhow, submarine and every other kind of watercraft used in navigation, either on the sea or in inland waters and includes a seaplane and any amphibious craft; "weapon" means any firearm, ammunition, dart-gun, missile, explosive, poison, poisoned bait, spear, bow and arrow, knife, axe, hoe, pick, club, stakes, pitfall, net, gin, trap, snare or any combination ofthese and any other device, method and or technology whatsoever capable of killing or capturing an animal; "wetlands" means an area of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary with water that is static or flowing, fresh or otherwise, including marine water, the depth of which at low tide does not exceed six metres and includes riparian or ON. No. 306 of 2000 No. 5 Wildlife Conservation (b) in the case of an animal: for species included in Appendices 1 and II of CITES and any readily recognizable part or derivate thereof; and for species included in Appendix III of CITES, any readily recognizable part of derivative thereof specifed in Appendix III of CITES; (c) in the caseofa plant: for species included inAppendix I of CITES, any readily recognizable part of derivative thereof; and species included in Appendices I and II of CITES, any readily recoginizable part of derivative thereof specified in Appendices n and III of CITES in relation to the species; "traditional community" means an assemblage of people ordinarily resident on areas habitually occupied by wildlife and whose social, cultural and ordinary lifestyles are dependent upon wildlife and who have been declared by an order made under section 44; "trophy" means any animal alive or dead, and any horn, ivory, tooth, ttmh. bone, claw, hoof, skin, meat, hair, feather, egg or other portion of any animal and includes a manufactured trophy; "trophy dealer11 means any person who is licensed to capture, buy, sell, keep, transport, cut, carve, polish, clean, mount, preserve or process trophies for commercial purposes; "trophy hunting" means hunting as prescribed under the Tourist Hunting Regulations; "unit" means the Wildlife Protection Unit established under section 9; "vehicle" means a vehicle of any description whatsoever and howsoever drawn or propelled, and includes a vessel and an aircraft; "vessel" means a ship, boat, dhow, submarine and every other kind of watercraft used in navigation, either on the sea or in inland waters and includes a seaplane and any amphibious craft; "weapon" means any fireann, ammunition, dart-gun, missile, explosive, poison, poisoned bait, spear, bow and arrow, knife, axe, hoe, pick, club, stakes, pitfall, net, gin, trap, snare or any combination of these and any other device, method and or technology whatsoever capable of killing or capturing an animal; "wetlands" means an area of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary with water that is static or flowing, fresh or otherwise, including marine water, the depth of which at low tide does not exceed six metres and includes riparian or 2009 15 GN. No. 306 of 2000 Owner ship of animals Wildlife Conservation coastal zones adjacent to such area, and islands or bodies of marine water deeper than six metres at low tide laying within such areas; "wetlands area" means any area managed as a wetlands area under section 15(3); "wetlands reserve" means any area managed as a wetland reserve under section 15(3); "wildlife" means any wild and indigenous animals and plants, and their constituent habitats and ecosystems found on and, or in land or water, as well as exotic species that have been introduced in Tanzania and established in the wild, and includes wild animals on transit, temporarily maintained in captivity or have become established in the wild; "wildlife corridor" means the area ofland used by wild animal species in their seasonal movements from one part of an ecosystem to another, in search of basic requirements such as water, food, space and habitat; 'Wildlife Management Area' means an area declared by the Minister under section 30; "wildlife officer" means a wildlife officer, wildlife warden and wildlife ranger engaged for the purposes of enforcing this Act; "wildlife protected area" means national parks, game reserve, game controlled areas and the Ngorongoro Conservation Area; "wildlife ranch" means an area of extensive multiform utilization of species of wildlife where a wide range of complimentary uses are professionally managed so as to render the animals compatible of tourist hunting, sport hunting, cropping, sell of live animals, tourism and sport fishing; "wound" means any incision or puncture which divides or pierces any exterior membrane of the body and includes maiming; "zoo" means a place where wild animals are kept in captivity for recreation, research and educational purposes. 4.-( 1) All animals in Tanzania shall continue to be public property and remain vested in the President as a trustee for and on behalf of the people of Tanzania. (2) Where any person has lawfully taken a wild animal, the ownership of such animal shall, subject to the provisions of this Act, vest in that person. (3) Where a protected wild animal species has been lawfully taken under a permit or a licence issued or wildlife user right granted or issued 16 No. S Owner ship of animals Wildlife Conservation 2009 coastal zones adjacent to such area, and islands or bodies of marine water deeper than six metres at low tide laying with in such areas; "wetlands area" means any area managed as a wetlands area under section 15(3); "wetlands reserve" means any area managed as a wetland reserve under section 15(3); "wildlife" means any wild and indigenous animals and plants, and their constituent habitats and ecosystems found on and, or in 1and or water, as well as exotic species that have been introduced in Tanzania and established in the wild, and includes wild animals on transit., temporarily maintained in captivity or have become established in the wild; "wildlife corridor" means the area of land used by wild animal species in their seasonal movements from one part of an ecosystem to another, in search of basic requirements such as water, food, space and habitat; 'Wildlife Management Area' means an area declared by the Minister under section 30; "wildlife officer" means a wildlife officer, wildlife warden and wildlife ranger engaged for the purposes of enforcing this Act ; "wildlife protected area" means national parks, game reserve, game controlled areas and the Ngorongoro Conservation Area; "wildlife ranch" means an area of extensive multiform utilization of species of wildlife where a wide range of complimentary uses are professionally managed so as to render the animals compatible of tourist hunting, sport hunting, cropping, sell of live animals, tourism and sport fishing; "wound" means any incision or puncture which divides or pierces any exterior membrane of the body and includes maiming; "zoo" means a place where wild animals are kept in captivity for recreation, research and educational purposes. 4.-(1) All animals in Tanzania shall continue to be public property and remain vested in the President as a trustee for and on behalf of the people of Tanzania. (2) Where any person has lawful1y taken a wild animal, the ownership of such animal shall, subject to the provisions of this Act, vest in that person. (3) Where a protected wild animal species has been lawfully taken under a penn it or a licence issued or wild I ife user right granted or issued Wildlife Conservation under this Act, the ownership of such animal shall, subject to the provisions of this Act and to the terms and conditions of the licence, vest in the licensee or right holder . .(4) Where before the commencement of this Act, any wild animal has been lawfully vested in any person, such animal shall, subject to the provisions ofthis Act vest or continue to be vested in that person. (5) Except in accordance with any licence or wildlife user right, nothing in this section shall be deemed to transfer to any person the ownership of any protected animal found dead or dying. (6) Where any person unlawfully takes any protected animal in contravention of this Act, the ownership of the animal shall not be transferred to that person. (7) The Minister may, by regulations, prescribe measures for the registration and management of animal specimens used for cultural purposes by any traditional community. PART II OBJECTIVES 5.-(1) The objectives of this Act and to which all persons exercising powers, applying or interpreting this Act are to (a) protect and conserve and administer areas with great biological diversity, including wetlands which are representative of the major wildlife habitats by also giving special conservation status to endemic, rare or endangered wildlife species and to enable Tanzania to effectively contribute and benefit from international efforts and measures to protect and enhance global bio-diversity; (b) protect and conserve wildlife resources and its habitats in game reserves, wetland reserves, game controlled areas, wildlife management areas, dispersal areas, migratory route corridors, buffer zone and all animals found in areas adjacent to these areas, by putting in place appropriate infrastructure, sufficient personnel and equipment; Objec tives of the Act No. S Wildlife Conservation under this Act., the ownership of such animal shall, subject to the provisions of this Act and to the terms and conditions of the licence, vest in the licensee or right holder . . ( 4) Where before the commencement of this Act, any wild animal has been lawfully vested in any person, such animal shall, subject to the provisions of this Act vest or continue to be vested in that person, (5) Except in accordance with any licence or wildlife user right, nothing in thi-s section shall be deemed to transfer to any person the ownership of any protected animal found dead or dying. (6) Where any person unlawfully takes any protected animal in contravention of this Act, the ownership of the animal shall not be transferred to that person. (7) The Minister may, by regulations, prescribe measures for the registration and management of animal specimens used for cultural purposes by any traditional community. PART II 0 BJECTIVES 5.-{l) The objectives of this Act and to which all persons exercising powers, applying or interpreting this Act are to (a) protect and conserve and administer areas with great biological diversity, including wetlands which are representative of the major wildlife habitats by also giving special conservation status to endemic, rare or endangered wildlife species and to enable Tanzania to effectively contribute and benefit from international efforts and measures to protect and enhance global bio-diversity; (b) protect and conserve wildlife resources and its habitats in game reserves, wetland reserves, game controlled areas, wildlife management areas, dispersal areas, migratory route corridors, buffer zone and all animals found in areas adjacent to these areas, by putting in place appropriate infrastructure, sufficient personnel and equipment; 2009 17 Objec tives of 1he Act Wildlife Conservation (c) promote and enhance the contribution of the wildlife sector to the sustainable development of Tanzania and the conservation and management of wildlife and natural resources for the benefit of present and future generations, without any discrimination~ (d) promote and enhance the development of wildlife eco-system as well as development of protected areas network for purposes of enhancing bio-diversity conservation~ (e) support, strengthen and enlarge the wildlife protected areas network as the core of conservation activities~ (f) enhance the conservation of wildlife and its habitats outside wildlife protected areas by establishing Wildlife Management Areas for the purposes of effecting community based conservation~ (g) encourage, promote and facilitate active involvement and participation of local and traditional communities in the sustainable management, use and conservation of wildlife resources in and outside wildlife protected areas network~ (h) integrate wildlife conservation with rural development through the transfer of the management responsibility of Wildlife Management Areas to local communities and ensure that the local communities obtain substantial tangible benefits from wildlife conservation; (i) foster sustainable and legal use of wildlife resources and take appropriate measures to prevent illegal use of wildlife; U) facilitate greater public awareness ofthe cultural, economic and social benefits for conserving wildlife resources and to enhance the recognition of indigenous knowledge systems of wildlife conservation and management and the intrinsic value of wildlife to rural people in wildlife management plans; (k) mitigate human-wildlife conflicts wherever they occur; (I) create an enabling environment for the private sector to invest in different forms of wildlife utilization and conservation and to create an opportunity for the citizens of Tanzania to become involved in the wildlife industry; and (m) enable Tanzania to participate in relevant international agreements and to promote policies within the framework of such agreements as are consistent with Tanzania's position 18 No. 5 Wildlife Conservalion 2009 (c) promote and enhance the contribution of the wildlife sector to the sustainable development of Tanzania and the conservation and management of wildlife and natural resources for the benefit of present and future generations, without any discrimination; ( d) promote and enhance the development of wildlife eco-system as well as development of protected areas network for purposes of enhancing bio-diversity conservation; {e) support, strengthen and enlarge the wildlife protected areas netv.'ork as the core of conservation activities; (f) enhance the conservation of wildlife and its habitats outside wildlife protected areas by establishing Wildlife Management Areas for the purposes of effecting community based conservation; (g) encourage, promote and facilitate active involvement and participation of local and traditional communities in the sustainable management, use and conservation of wildlife resources in and outside wildHfe protected areas network; (h) integrate wildlife conservation with rural development through the transfer of the management responsibility of Wildlife Management Areas to local communities and ensure that the local communities obtain substantial tangible benefits from wildlife conservation; (i) foster sustainable and legal use of wildlife resources and take appropriate measures to prevent illegal use of wildlife; U) facilitate greater public awareness of the cultural, economic and social benefits for conserving wildlife resources and to enhance the recognition of indigenous knowledge systems of wildlife conservation and mwiagement and the intrinsic value of wildlife to rural people in wildlife management plans; (k) mitigate human-wildlife conflicts wherever they occur; (I) create an enabling environment for the private sector to invest in different fonns of wildlife utilization and conservation and to create an opportunity for the citizens of Tanzania to become involved in the wildlife industry; and (m) enable Tanzania to participate in relevant international agreements and to promote policies within the framework of such agreements as are consistent with Tanzania's position Wildlife Conservation on wildlife conservation, and co-operate with neighbouring countries in the conservation of trans-boundary eco-systems. (2) For the puposes of giving effect the provisions of subsection (1), any person who has a right in any land within an area declared to be a game reserve shall be entitled to adequate compensation as per the provisons of the Land Acquisation Act and Land Act. 6. Any person exercising powers under this Act shall be under general obligation to promote and have regard to the Wildlife Policy of Tanzania. PART III INSTITUTIONAL ARRANGEMENT AND ADMINISTRATION 7.-(1) There shall be a Director of Wildlife who shall be an officer in the public service appointed in accordance with the Public Service Act. (2) The Director shall be a civil servant with proven academic and professional knowledge in wildlife sciences. (4) The Director shall be the principal advisor to the Government in all matters related to conservation and management of wildlife and wildlife products and shall be assisted by wildlife officers, wildlife wardens and wildlife rangers. (5) The Director shall designate suitable wildlife officers to be licensing officers for purposes of this Act. (6) The Director may, by notice in the Gazette or by writing, delegate his functions to an Assistant Director, a Zonal Ant-poaching Commander, District Game Officer, a Game Reserve Wildlife Officer, a Park Warden and any other authorised officer. (7) Where, pursuant to subsection (6), the Director has delegated any function, it shall be prima facie evidence of such delegation as well Cap 118 and 113 Promo tion of the Wildlife Policy Director of Wildlife Cap.298 No. 5 Wildlife Conservation on wildlife conservation, and co-operate with neighbouring countries in the conservation of trans-boundary eco-systems. (2) For the puposes of giving effect the provisions of subsection ( 1 ), any person who has a right in any land within an area declared to be a game reserve shall be entitled to adequate compensation as per the provisons of the Land Acquisation Act and Land Act. 6. Any person exercising powers under th is Act shall be under general obligation to promote and have regard to the Wildlife Poliey ofTanzania. PART II1 INSTITUTIONAL ARRANGEMENT AND ADMINJSTRATION 7.-(1) There shall be a Director of Wildlife who shall be an officer in the public service appointed in accordance with the Public Service Act (2) The Director shall be a civil servant with proven academic and professional knowledge in wildlife sciences. (3) The Director shal1 be the officer incharge of the Wild life Division; (4) The Director sha11 be the principal advisor to the Government in all matters related to conservation and management of wildlife and wildlife products and shall be assisted by wildlife officers, wildlife wardens and wildlife rangers. (5) The Director shall designate suitable wildlife officers to be licensing officers for purposes of th is Act. (6) The Director may, by notice in the Gazette or by writing, delegate his functions to an Assistant Director, a Zonal Ant-poaching Commander, District Grune Officer, a Game Reserve Wildlife Officer, a Park Warden and any other authorised officer. (7) Where, pursuant to subsection (6), the Director has delegated any function, it shall be prima facie evidence of such delegation as well 2009 19 Cap 118 Md 113 Promo tion of the Wildlife Policy Director of Wildlife Cap.29& Wildlife Authority Issuance of honorary certificate Minister to establish the Wildlife Protection Unit Functions of the Unit Adminis tration of the Unit as the fact that the person whose signature appears thereon held and exercise the power of the Director. 8. The Minister shall, in consultation with relevant authorities and subject to other written laws, cause the establishment of a Wildlife Authority which shall be autonomous and whose structure and functions adequately addresses the protection, management and administration of wildlife resources outside the Ngorongoro Conservation Area and National Parks and which shall be capable of implementing and fulfilling international obligations relating to wildlife conservation by engaging such companies for purposes of this section. (a) has provided service for a period of at least twenty years in wildlife conservation in recognition of exemplary services; or (b) has made or provide a signficant contribution towards the conservation of wildlife. 10.-( I) The Minister shall, after consultation with the relevant authorities responsible for defence and security and with the consent of the President, establish a para-military unit to be known as the Wildlife Protection Unit. (2) The Unit shall consist of such number of public servants as the Minister may, in consultation with the Director, determine from amongst wildlife officers, wildlife wardens and wildlife rangers. 11. The functions of the Unit shall be the protection of wildlife against unlawful utilization relating to the hunting, capturing and photographing of wildlife and securing of trophies. 12.-{I) The administration of the Unit shall be vested in the Director and for that purpose the Unit shall be organized in such zones and deployed according to such areas or places as the Director may determine. (2) The Minister shall, after consultation with the relevant authorities responsible for defence and security and with the consent of the President and by regulations in the Gazette, provide for 20 No. 5 Wildlife Authority Issuance of honorary certificate Minister to establish the Wildlite Protection Unit Function~ of the Unit Adrninis~ tration of the Unit Wildlife Conservation 2009 as the fact that the person whose signarure appears thereon held and exercise the power of the Director. 8. The Minister shall, in consultation with relevant authorities and subject to other written laws, cause the establishment of a Wildlife Authority which shall be autonomous and whose strucrure and functions adequately addresses the protection, management and administration of wildlife resources outside the Ngorongoro Conseniation Area and National Parks and which shall be capable of implementing and fulfilling international obligations relating to wildlife conservation by engaging such companies for purposes of this section. 9. The Minister may issue a honorary certificate to any person who~ (a) has provided service for a period of at least twenty years in wi1dlife conservation in recognition of exemplary services; or (b) has made or provide a signficant contribution towards the conservation of wildlife. I 0.-( I) The Minister shall, after consultation with the relevant authorities responsible for defence and security and with the consent of the President, establish a para-military unit to be known as the Wildlife Protection Unit. (2) The Unit shall consist of such number of public servants as the Minister may, in consultation with the Director. detennine from amongst wildlife officers, wildlife wardens and wildlife rangers. 11. The functions of the Unit shall be the protection of wildlife against unlawful utilization relating to the hunting, capturing and photographing of wildlife and securing of trophies. 12.-{ I) The administration of the Unit shall be vested in the Director and for that purpose the Unit shall be organized in such zones and deployed according to such areas or places as the Director may determine. (2) The Minister shall, after consultation with the relevant authorities responsible for defence and security and with the consent of the President and by regulations in the Gazette, provide for (a) the organization and deployment of the Unit, the conditions and terms of service and the various grades-ranks and appointments in it; (b) the duties to be performed by members of the Unit, and their guidance in the discharge ofthose duties; (c) the regulation of matters relating to discipline in the Unit; (d) the description, use, acquisition of arms, ammunition, accoutrements, uniforms and other necessary supplies to members of the Unit; and (e) matters relating generally to the good order and admin istration of the Unit. 13.-{I) For the purposes of carrying out their functions and duties, members of the Unit shall, subject to provisions of Arms andArnmunition Act, have the right to possess and use suitable and appropriate firearms and ammunition for the purpose of this Act. (2) Every member of the Unit shall have the powers and privileges as conferred upon other forces by the provisions oftheir respective laws relating to the use offirearms and ammunition. (3) Any authorised officer in the wildlife sector in enforcing the provisions ofthis Act, may use a firearm against any person who, having committed an offence is (a) escaping or attempting to escape arrest; or (b) resisting the arrest, where that officer has reasonable grounds to believe that he cannot otherwise prevent the escape and has given a warning to such person that he is about to use such arm against him and such warning is unheeded. (4) Any authorised officer in the wildlife sector in enforcing the provisions of this Act, may use a firearm against any person who (a) by force prevents or attempts to prevent the lawful arrest of any other person; or (b) by force, rescues or attempts to rescue any other person from lawful custody. (5) Any authorised officer in the wildlife sector in enforcing the provisions ofthis Act, may use a firearm against any person where such authorised officer has reasonable grounds to believe that the officer or any other person is in danger. Right to possess and use firearms and ammu nition Cap. 223 No. 5 Wildlife Conservation (a) the organization and deployment of the Unit, the conditions and tenns of service and the various grades-ranks and appointments in it; (b) the duties to be performed by members of the Unit, and their guidance in the discharge of those duties; ( c) the regulation of matters relating to discipline in the Unit; (d) the description, use, acquisition of arms, ammunition, accoutrements, uniforms and other necessary supplies to members of the Unit; and (e) matters relating generally to the good order and administration of the Unit. 13.-{l) For the purposes ofcarrying out their functions and duties, members of the Unit shall, subject to provisions of Arms and Ammunition Act, have the right to possess and use suitable and appropriate firearms and ammunition for the purpose of this Act. (2) Every member of the Unit shall have the powers and privileges as conferred upon other forces by the provisions of their respective laws relating to the use of firearms and ammunition. (3) Any authorised officer in the wildlife sector in enforcing the provisions of this Act, may use a firearm against any person who, having committed an offence is (a) escaping or attempting to escape arrest; or (b) resisting the arrest, where that officer has reasonable grounds to believe that he cannot otherwise prevent the escape and has given a warning to such person that he is about to use such arm against him and such warning is unheeded. (4) Any authorised officer in the wildlife sector in enforcing the provisions of this Act, may use a firearm against any person who (a) by force prevents or attempts to prevent the lawful arrest of any other person; or (b) by force, rescues or attempts to rescue any other person from lawful custody. (5) Any authorised officer in the wildlife sector in enforcing the provisions of this Act, may use a firearm against any person where such authorised officer has reasonable grounds to believe that the officer or any other person is in danger. 2009 21 Right to possess and use fireanns and ammu nition Cap. 223 Establi shment of game reserve Restric tion on entry a game reserve Wildlife Conservation (6) The power conferred on an authorised officer in the wildlife sector by this section shall be in addition to and not in derogation of any other power conferred to such officer by any other law. (7) Notwithstanding the provisions of subsection (I), wildlife officers shall, subject to the Arms and Ammunition Act or any other written law have the right to possess and use firearms. (8) For the purpose ofthis section, "authorised officer" means a wildlife officer discharging duties in the Wildlife Division, the Tanzania National Parks, the Ngorongoro Conservation Area, a District Game Officer and include any wildlife officer, warden and wildlife ranger discharging duties under the District Game Officer. PART IV WILDLIFE PROTECTED AREAS AND GENERAL RESTRICTIONS (a) Game Reserve, Game Controlled Area,Wetlands Reserve and Wetlands Area i4.- (1) The President may, after consultation with relevant local authorities, and by order, in the Gazette declare any area of Tanzania to be a game reserve. (2) The President may, by order in the Gazette, apply any condition applicable to a game reserve to any area of Tanzania and upon such order being made the condition specified therein shall apply to the area in relation to which the order is made as if such area were a game reserve, and any contravention of such condition in or in relation to such area shall be punishable accordingly. 15.-( I) Any person other than a person travelling through the reserve along a highway or designated waterway shall not enter a game reserve except by and in accordance with the written authority of the Director previously sought and obtained. (2) Any person who contravenes any provision of this section or any condition attached to any authority granted under subsection (I), commits an offence and on conviction shall be liable to a fine of not less than one hundred thousand shillings, but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both 22 No. S Establi shment of game reserve Restric tion on entry a game reserve Wildlife Conservation 2009 (6) The power conferred on an authorised officer in the wildlife sector by this section shall be in addition to and not in derogation of any other power conferred to such officer by any other law. (7) Notwithstanding the provisions of subsection (1 ), wildlife officers shall, subject to the Arms and Ammunition Act or any other written law have the right to possess and use firearms. (8) For the purpose of this section, "authorised officer" means a wildlife officer discharging duties in the Wildlife Division, the Tanzania National Parks, the Ngorongoro Conservation Area, a District Game Officer and include any wildlife officer, warden and wildlife ranger discharging duties under the District Game Officer. PART IV WlLDLlf'E PROTECTED AREAS AND GENERAL RESTRICTIONS (a) Game Reserve, Game Controlled Area, Wetlands Reserve and Wetlands Area 14 .-(I) The President may, after consultation with relevant local authorities, and by order, in the Gazette declare any area of Tanzania to be a game reserve. (2) The President may, by order in the Gazette, apply any condition applicable to a game reserve to any area of Tanzania and upon such order being made the condition specified therein shall apply to the area in relation to which the order is made as if such area were a game reserve, and any contravention of such condition in or in relation to such area shall be punishable accordingly. 15 .-(I) Any person other than a person travelling through the reserve along a highway or designated watervray shall not enter a game reserve except by and in accordance with the written authority of the Director previously sought and obtained. (2) Any person who contravenes any provision of this section or any condition attached to any-authority granted under subsection (1), commits an offence and on conviction shall be liable to a fine of not less than one hundred thousand shillings, but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both Wildlife Conservation 16.-( 1) Subject to section 4(2) of the Land Act, the Minister may, after consultation with the relevant local authorities, and by order in the Gazette, declare any area of land in Tanzania to be a game controlled area. (2) The Minister may, by regulations in the Gazette, provided for the management of game controlled areas. (3) Subject to subsections (2) and (3) of section 58 of the Environmental Management Act, the Minister may, in consultation with the Minister responsible for environment, cause to be made regulations and guidelines prescribing for establishment of sustainable management of wetlands reserves and wetlands area. (4) The Minister shall, within twelve months after coming into operation of this Act and after consultation with the relevant authorities, review the list of game controlled areas for purposes of ascertaining potentiality justifying continuation of control of any of such area. (5) For the Purposes of subsection (4), the Minister shall ensure that no land faIling under the village land is included in the game contro lied areas. (6) Subject to subsection (4), the Minister shall, in consultation with the relevant authorities, make regulations prescribing the manners in which sustainable management of game controlled areas shall be achieved. 17.-( 1)A person shall not possess a firearm, bow, arrow or any other weapons in a game reserve without the written permission of the Director previously sought and obtained. (2) A person who contravenes subsection (l) commits an offence and on conviction shall be liable to a fine not exeeding two hundred thousand shillings or to imprisonment for a term not exceeding three years or to both. (3) Illegal possession of weapons does not include a person charged for an offence of possession of weapons taking into account all the Establi shment and manage ment of game control led areas, wet lands reserve and wet lands area Cap.l13 Restric tion on possess sion of weapon in game reserve No, 5 Wildlife Conservation 16.-(l) Subject to section 4(2) of the Land Act, the Minister may, after consultation with the relevant local authorities, and by order in the Gazette, declare any area of land in Tanzania to be a game controlled area. (2) The Minister may, by regulations in the Gazette, provided for the management of game controlled areas. (3) Subject to subsections (2) and (3) of section 58 of the Environmental Management Act, the Minister may, in consultation with the Minister responsible for environment, cause to be made regulations and guidelines prescribing for establishment of sustainable management of wetlands reserves and wetlands area. (4) The Minister shall, within twelve months after coming into operation of this Act and after consultation with the relevant authorities, review the list of game controlled areas for purposes of ascertaining potentiality justifying continuation of control of any of such area. (5) For the Purposes of subsection (4), the Minister shall ensure that no land falling under the village land is included in the game controlled areas. (6) Subject to subsection (4), the Minister shall, in consultation with the relevant authorities, make regulations prescribing the manners in which sustainable management of game controlled areas shall be achieved. 17 .-( l) A person shall not possess a fireann, bow, arrow or any other weapons in a game reserve without the written permission of the Director previously sought and obtained. (2) A person who contravenes subsection (1) commits an offence and on conviction shall be liable to a fine not exeeding two hundred thousand shillings or to imprisonment for a term not exceeding three years or to both, (3) Illegal possession of weapons does not include a person charged for an offence of possession of weapons taking into account all the :2009 23 Establi shment and manage ment of game control led areas, wet lands reserve and wet lands area Cap. l 13 Restric tion on possess sion of weapon in game reserve Protection of vegetation ingame reserve and wetlands reserve Hunting in game reserve, game con trolled area or wetlands reserve Wildlife Conservation circumstances in which the offence was committed and was not meant for hunting or harming animals. 18.-( 1)A person shall not wilfully or negligently cause any bush or grass fire, or fell, cut, bum, injure or remove any standing tree, shrub, bush, grass, sapling, seedling or any part thereof in a game reserve except in accordance with the written permission of the Director previously sought and obtained. (2) Any person shall not graze any livestock in a game reserve or wetlands reserve. (3) Any person who contravenes subsection (1) commits an offence and on conviction shall be liable to a fine of not less than two hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both. (4) Any person who contravenes subsection (2) commits an offence and on conviction shall be liable to a fine of not less than three hundred thousand shillings and not exceeding five million shillings or imprisonment for a term of not less than two years but not exceeding five years or to both. (5) Notwithstanding the provisions of subsection (4), where the offence under this section involves foreign livestock, the owner or caretaker, shall be liable to a fine of not less than the value of the livestock involved or imprisonment for a term not less than three years but not exceeding five years or to both. 19.-( 1) A person shall not, save with the permission in writing ofthe Director, previously sought and obtained and in the manner specified in writing, hunt, burn, capture, kill, wound or molest any animal or fish in any game reserve, game controlled area or wetlands reserve. (2) Any person who contravenes the provisions of this section or any condition attached to any authority granted under subsection (1), commits an offence and on conviction shall be liable (a) in the case where the conviction relates to the hunting, capture 24 No. 5 Prote,tion of vegetation in game reserve and wetlands reserve Hunting in game reserve, game con trolled area or wetlands reserve Wildlife Conservation 2009 circumstances in which the offence was committed and was not meant for hunting or harming animals. 18 .-( 1) A person shall not wilfully or negligentJy cause any bush or grass fire, or fell, cut, burn, injure or remove any standing tree, shrub, bush, grass, sapling, seedling or any part thereofin a game reserve except in accordance with the written pennission of the Director previously sought and obtained. (2) Any person shall not graze any livestock in a game reserve or wetlands reserve. (3) Any person who contravenes subsection ( 1) commits an offence and on conviction shall be liable to a fine of not less than two hundred thousand shillings but not exceeding five hundred thousand shillings orto imprisonment for a term of not less than three years but not exceeding five years or to both. ( 4) Any person who contravenes subsection (2) commits an offence and on conviction shall be liable to a fine of not less than three hundred thousand shillings and not exceeding five million shillings or imprisonment for a tenn of not less than two years but not exceeding five years or to both. (5) Notwithstanding the provisions of subsection (4). where the offence under this section involves foreign livestock, the owner or caretaker, shall be liable to a fine of not less than the value of the livestock involved or imprisonment for a term not less than three years but not exceeding five years or to both. 19 .--( 1) A person shall not, save with the pennission in writing of the Director, previously sought and obtained and in the manner specified in writing, hunt, bum, capture, kill, wound or molest any animal or fish in any game reserve, game controlled area or wetlands reserve. (2) Any person who contravenes the provisions of this section or any condition attached to any authority granted under subsection (I), commits an offence and on conviction shall be liable (a) in the case where the conviction relates to the hunting. capture Wildlife Conservation or killing of an animal specified in Part Iof the First Schedule to this Act, to imprisonment for a term not less than five years but not exceeding ten years and the court may, in addition thereto, impose a fine of five hundred thousand shillings but not exceeding two million shillings; (b) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part IIofthe First Schedule to this Act, 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 of not less than three hundred shillings but not exceeding five hundred 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 this Act, to imprisonment for a term of not less than one year but not exceeding three years and in addition the court may impose a fine of not less than one hundred thousand shilIings but not exceeding one million shillings; and (d) in the case of any other offence, to a fine of not less than two hundred thousand shillings but not exceeding five hundred thousand shilIings or to imprisonment for a term of not less than one month but not exceeding six months. 20.- (1) Any person shall not within any game reserve, wetlands reserve or game controlled area (a) dig, lay, or construct any pitfall, net, trap, snare or use 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 ofwhich he fails to satisfy the Director that it was intended to be used for a purpose other than hunting, killing, wounding or capturing of an animal; or (c) conduct crop cultivation. (2)Any person shall not collect sand, prospect or mine on any game reserve. (3) Notwithstanding the provisions of subsection (2), a person may prospect or mine in a game reserve if the undertaking involves or is intended for prospecting or mining of Other restrictions apploying to game reserve, wetlands, reserve and game controlled area No.5 Wildlife Conservation or killing of an anima1 specified in Part I of the First Schedule to this Act, to imprisonment for a tenn not less than five years but not exceeding ten years and the court may, in addition thereto, impose a fine of five hundred thousand shillings but not exceeding two mil lion shillings; (b) in the case where the conviction relates to the hunting. capture or killing of an animal specified in Part II of the First Schedule to this Act, 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 ofnot less than three hundred shilHngs but not exceeding five hundred 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 this Act, to imprisonment for a term ofnot less than one year but not exceeding three years and in addition the court may impose a fine of not less than one hundred thousand shillings but not exceeding one million shillings; and ( d) in the case of any other offence, to a fine of not less than hvo hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than one month but not exceeding six months. 20.- (l) Any person shall not within any game reserve, wetlands reserve or game controlled area (a) dig, lay, or construct any pitfall, net, trap, snare or use other device whatsoever, capable of killing, capturing or wounding any animal; (b) cany or have in his possession or under his control any weapon in respect of which he fails to satisfy the Director that it was intended to be used for a purpose other than hunting, killing, wounding or capturing ofan animal; or ( c) conduct crop cultivation. (2)Any person shall not collect sand, prospect or mine on any game reserve. (3) N ohvithstanding the provisions of subsection (2), a person may prospect or mine in a game reserve if the undertaking involves or is intended for prospecting or mining of 2009 25 Other restrictions apploying to game reserve, wetlands. reserve and game controlled area Restric tions on grazing livestock in a game controlled area Designa tion of wildlife corridors, dispersal areas, buffer zones and migratory routes Wildlife Conservation (a) oil; (b) gas; or (c) uranium; Provided that (i) Environmental Impact Assessment has been conducted in accordance with the Environment Management Act; (ii) protection cost has been paid by the investor as shall be prescribed in the regulations; (iii) concession fee has been paid in accordance with the regulations made by the Minister; and (iv) the Government is the initiator of such undertaking. (4) Any person who contravenes this section commits an offence and on conviction shall be liable to a fine of not less than two hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than six months but not exceeding two years or to both. 21.--( 1)Any person shall not, save with the written permission ofthe Director previously sought and obtained, graze any livestock in any game controlled area. (2) Any person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than one hundred thousand shiIlings but not exceeding five hundred thousand shiIlings or imprisonment for a term of not less than one year but not exceeding five years, or to both. (b) Protection ojWildlife Corridor, Dispersal Area, Buffer Zones and Migratory Routes 22.-( 1) The Minister may, in consultation with relevant local authorities and by order in the Gazette, designate wildlife corridors, dispersal areas, buffer zones and migratory routes. (2) The Minister may, after consultation with the relevant local authorities, prescribe for regulations in the Gazette to govern the management of designated wildlife corridors, dispersal areas, buffer zones and migratory routes. 26 No. 5 Cap.191 Wildlife Conservation (a) oil; (b) gas; or (c)uranium; Provided that 2009 (i) Environmental Impact Assessment has been conducted in accordance with the Environment Management Act; (ii) protection cost has been paid by the investor as shall be prescribed in the regulations; (iii) concession fee has been paid in accordance with the regulations made by the Minister; and (iv) the Government is the initiator of such undertaking. (4) Any person who contravenes this section commits an offence and on conviction shall be liable to a fine of not less than two hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than six months but not exceeding two years or to both. Restric- 21.-{l)Any person shall not, save with the written permission of the tions on Director previously sought and obt.ained, graz.e any livestock in any game grazing controlled area. livestock in agame controlled (2) Any person who contravenes this section commits an offence and area shall be liable on conviction to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or imprisonment for a term of not less than one year but not exceeding five years, or to both. Designa tion of wildlife corridors, dispersal areas, buffer zones and migratory routes (b) Protection of JVild/ife Corridor, Dispersal Area, Buffer Zones and Migratory Routes 22.-(1) The Minister may, in consultation with relevant local authorities and by order in the Gazette, designate wildlife corridors, dispersal areas, buffer rones and migratory routes. (2) The Minister may, after consultation with the relevant local authorities, prescribe for regulations in the Gazette to govern the management of designated wildlife corridors, dispersal areas, buffer zones and migratory routes. Wildlife Conservation (3) Regulations made by the Minister under subsection (2) of this section shall declare rights of communities that are compatible with conservation. 23.-( 1) The Minister may, in consultation with the relevant local government authority and by order in the Gazette, declare any area to be a species management area. (2) A species management area shall be established for purposes of protecting any animal or class of animals or their habitat. 24.-( 1) Any person who without the permission of the Director previously sought and obtained, cuts or burns vegetation, hunts,captures, wounds, injures, molest or kill any protected species in species management area, commits an offence and on conviction shallbe liable (a) in the case of a conviction for hunting, capturing or killing a protected animal, to imprisonment for a term of not less than three years but not exceeding seven years or to payment of a fine of not less than twice the value of the animal hunted, killed or captured or to both. (b) in any other case, to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than three months but not exceeding two years. (2) Any person shall not wound, injure or molest any protected species. (d) Declaration of a National Game 25.- (l) The Minister may, by order in the Gazette, declare any animal or class of animals to be a national game. (2) The Minister may make regulations prescribing the manner in which the national game and other animals may be used for commercial purposes. Establish ment of species manage ment areas Restric tions relating to a national game Declara tion ofa national game No. 5 Wildlife Conservation (3) Regulations made by the Minister under subsection (2) of this section shall declare rights of communities that are compatible with conservation. (c) Species Management Areas 23 .-(1) The Minister may, in consultation with the relevant local government authority and by order in the Gazette, declare any area to be a species management area. (2) A species management area shall be established for purposes of protecting any animal or class of animals or their habitat. 24.-(l) Any person who without the permission of the Director previously sought and obtained, euts or burns vegetation, hunts,captures, wounds, injures, molest or kill any protected species in species management area, commits an offence and on conviction shallbe liable (a) in the case of a conviction for hunting, capturing or killing a protected animal, to imprisonment for a term of not less than three years but not exceeding seven years or to payment of a fine of not less than twice the value of the animal hunted, killed or captured or to both. (b) in any other case, to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than three months but not exceeding two years. (2)Any perso n shall not wound, injure or molest any protected species. (d) Declaration of a National Game 25.-(1) The Minister may, by order in the Gazette, declare any animal or class of animals to be a national game. (2) The Minister may make regulations prescribing the manner in which the national game and other animals may be used for commercial purposes. 2009 27 Establish• ment of species manage ment areas Restric tions relating to a national game Declara tion ofa national game Restriction relating to a national game Declaration of closed sea~on Restrictions relating to closed season Wildlife Conservation 26.-(1) A person shall not, except by and in accordance with the written pennission of the Director, previously sought and obtained, hunt, kill, capture, wound or molest any national game. (2) A person who contravenes any condition attached to any pennission granted under subsection (I ), commits an offence and shall be liable on conviction (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the value of the animal hunted, killed or captured or to imprisonment for a tenn of not less than one year and not exceeding five years; and (b) in any other case, to a fine of not less than three hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than twelve months but not exceeding three years. 27. The Minister may, by order in the Gazette, prohibit, restrict or regulate the hunting, killing or capture of any animal or class of animals in any area during such period as he may specify in such order and such period so specified is hereinafter referred to as "closed season." 28.-(1) Where an order has been made under section 26 in respect of any area, any person shall not, during the closed season hunt, kill, capture or wound within such area any animal to which such order applies except by and in accordance with the written pennit issued by of the Director. (2) The Director shall not issue a written penn it under subsection (1) of this section without the consent ofthe Minister. (3) Any person who contravenes the provisions of this section or condition attached to any pennission granted under subsection (1) commits an offence and on conviction shall be liable (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the value of the animal hunted, killed or captured or to imprisonment for a tennnot less than three years but not exceeding five years; 28 No. S Restriction relw:ing to a national game Declaration of closed season Restrictions relating to closed season Wildlife Conservation 2009 26.•( l) A person shall not, except by and in accordance with the written permission of the Director, previously sought and obtained, hunt, ki II, capture, wound or molest any national game. (2) A person who contravenes any condition attached to any permission granted under subsection (I), commits an offence and shall be liable on conviction • (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the value of the animal hunted, killed or captured or to imprisonment for a term of not less than one year and not exceeding five years; and (b) in any other case, to a fine of not less than three hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than twelve months but not exceeding three years. (e) Closed Season 27. The Minister may, by order in the Gazette, prohibit, restrict or regulate the hunting, killing or capture of any animal or class of animals in any area during such period as he may specify in such order and such period so specified is hereinafter referred to as ''closed season." 28.-(1) Where an order has been made under section 26 in respect of any area, any person shall not, during the closed season hunt, kill, capture or wound within such area any animal to which such order applies except by and in accordance with the written permit issued by of the Director. (2) The Director shall not issue a written perm it under subsection ( 1) of this section without the consent of the Minister. (3) Any person who contravenes the provisions of this section or condition attached to any pennission granted under subsection ( l) commits an offence and on conviction shall be liable (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the vaJue of the animal hunted, killed or caprured or to imprisonment for a term not less than three years but not exceeding five years; Wildlife Conservation (b) in the case where the conviction relates to the hunting, capture, or killing of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a term of not less than two years but not exceeding five years, the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal hunted, captured or killed; (c) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part illof the First Schedule to this Act, 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 of an amount not less than twice the value of the animal hunted, captured or killed; and (d) in any other case, to a fine of not less than three hundred thousand shillings but not exceeding two million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both. (f) General Provisions 29. The President may, in the public interest, and by order in the Gazette, modify any ofthe restrictions imposed by this Part in relation to a game reserve, game controlled area or a wetlands reserve and where any such order is made, the provisions of this Part shall take effect subject to the provisions ofthe order. 30. Nothing in this Act shall be construed as empowering the Director to grant any permission for the hunting, killing or capturing of any animal in any national park in contravention of the provisions of the National Parks Act or in Ngorongoro Conservation Area in contravention of the provisions of the Ngorongoro Conservation Area Act. President may lift restrictions Restrictions of hunting ina National Park and Ngoron goro Conser vation Area Cap.282 Cap.284 No.5 Wildlife Conservation (b) in the case where the conviction relates to the hunting, capture, or killing of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a tenn of not less than two years but not ex.ceeding five years, the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal hunted, captured or killed; ( c) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Partm of the First Schedule to this Act, to imprisonment for a term of not less than one year but not ex.ceeding three years and in addition thereto, the court may impose a ftne·of an amount not less than twice the value of the animal hunted, captured or killed; and (d) in any other case, to a fine of not less than three hundred thousand shillings but notex.ceeding two million shillings or to imprisonment for a tenn of not less than six. months but not exceeding twelve months or to both. (f) General Provisions 29. The President may, in the public interest, and by order in the Gazette, modify any of the restrictions imposed by this Part in relation to a game reserve, game controlled area or a wetlands reserve and where any such order is made, the provisions of this Part shall take effect subject to the provisions of the order. 30. Nothing in this Act shall be construed as empowering the Director to grant any permission for the hunting, killing or capruring of any animal in any national park in contravention of the provisions of the National Parks Act or in Ngorongoro Conservation Area in contravention of the provisions of the Ngorongoro Conservation Area Act. 2009 29 President may lift restrictions ~ of hunting lna National Park and Ngoron goro Conser vation Area Cap.282 Cap.284 Establish ment and manage ment of the Wildlife Manage ment Areas and benefit sharing ON 283 of2005 Cap.323 Cap.224 Cap.279 Cap.191 Wildlife Conservation PART V WILDLIFE MANAGEMENT AREAS 31.- (I) The Wildlife Management Areas may be established for purposes of effecting community based wildlife conservation in areas (a) outside of core protected areas; (b) which are used by local community members; and (c) within the village land. (2) Benefit sharing in the Wildlife Management Areas shall comply with guidelines issued by the Government from time to time and shall adhere to mechanisms of equitable distribution of costs and benefits targeted at promoting wildlife conservation, enhancing economic development and poverty reduction. (3) The Wildlife Management Areas shall be established and managed in accordance with regulations made by the Minister and published in the Gazette. (4) The Minister shall in consultation with the Minister responsible for local government authorities prepare model by-laws to be adopted with such necessary changes by the village authorities which shall apply in the respective Wildlife Management Area. (5) The Minister shall, in the making regulations under this section, ensure that the local community is properly consulted and informed on how such community shall benefit from the Wildlife Management Areas. (6) The activities to be conducted in the Wildlife Management Areas shall be in conformity with the Forest Act, the Beekeeping Act, the Fisheries Act, the Environmental Management Act or any other relevant laws. (7) Any authorised associations managing a Wildlife Management Area shall, subject to the provisions of section 32( I), have the right to negotiate and sign agreements with potential investors, provided that a representatives of the Director and the District Council shall be involved in the process of negotiation and the signing of such agreements. 30 No. S Establish ment and manage ment of the Wildlife Manage ment Areas and benefit sharing GN 283 of2005 Cap.323 Cap.224 Cap.279 Cap.191 Wildlife Conservation 2009 PART V WILDLIFE MANAGEMENT AREAS 31.-(1) The Wildlife Management Areas may be established for purposes of effecting community based wildlife conservation in areas (a) outside of core protected areas; (b) which are used by local community members; and ( c) within the village land. (2) Benefit sharing in the Wildlife Management Areas shall comply with guidelines issued by the Government from time to time and shall adhere to mechanisms of equitable distribution of costs and benefits targeted at promoting wildlife conservation, enhancing economic development and poverty reduction. (J)The Wildlife ManagementAreas shall be established and managed in accordance with regulations made by the Minister and published in the Gazette. ( 4) The Minister shall in consultation with the Minister responsible for local government authorities prepare model by-laws to be adopted with such necessary changes by the village authorities which shall apply in the respective Wildlife Management Area. (5) The Minister shall, in the making regulations under this section, ensure that the local community is properly consulted and informed on how such community shall benefit from the Wildlife Management Areas. (6) The activities to be conducted in the Wildlife Management Areas shall be in conformity with the Forest Act, the Beekeeping Act, the Fisheries Act, the Environmental Management Act or any other relevant laws. (7) Any authorised associations managing a Wildlife Management Area shall, subject to the provisions of section 32(1 ), have the right to negotiate and sign agreements with potential investors, provided that a representatives of the Director and the District Council shall be involved in the process of negotiation and the signing of such agreements, Wildlife Conservation (8) Matters relating to criteria for allocation, categories, size, number and quality of hunting blocks within the Wildlife Management Area shall be as prescribed in the regulations. 32. The Minister may, upon receipt of an application made by the Village Council and recommendations of the Director by order in the Gazzette, declare an area to be a Wildlife Management Area in the respective village land set aside for community-based wildlife conservation. 33.-(1) Every District with a declared Wildlife Management Area shall establish a District Natural Resources Advisory Body for purposes of advising the authorised associations and the respective local government authorities on matters relating to co-ordination and administration of a Wildlife Management Area. (2) The advice provided under subsection (1) shall be in consistent with the General Management Plan of the respective Wildlife Management Area. PART VI GENERAL MANAGEMENT MEASURES 34.- (l) The Director shall, as soon as practicable, after the establishment of wildlife protected area, prepare or cause to be prepared, a General Management Plan for each wildlife protected area. (2) Any authorised association shall, upon establishment of the Wildlife Management Area, prepare a Resource Management Zone Plan prior to being granted a Resource User Right as an interim measure before the General Management Plan is in place. (3) Any General Management Plan shall be prepared in a participatory manner and shall include such information as may be prescribed in the respective law. (4) The Minister shall approve and publish the General Management Plan in the Gazette. Declaration of the Wildlife Manage mentArea Establish ment of District Natural Resources Advisory Body Manage ment Plans No .. 5 Wildlife Conservation (8) Matters relating to criteria for allocation, categories, size, number and quality of hunting blocks within the Wildlife Management Area shall be as prescribed in the regulations. 32. The Minister may, upon receipt of an application made by the Village Council and recommendations of the Director by order in the Gauette, declare an area to be a Wildlife Management Area in the respective village land set aside for community-based wildJife conservation. 33.-(1) Every District with a declared Wildlife Management Area shal1 establish a District Natural Resources Advisory Body for purposes of advising the authorised associations and the respective local government authorities on matters relating to co-ordination and administration of a Wildlife Management Area. (2) The advice provided under subsection (1) shall be in consistent with the General Management Plan of the respective Wildlife Management Area. PART VI GENERAL MANAGEMENT MEASURES 34.- ( 1) The Director shall, as soon as practicable, after the establishment of wildlife protected area, prepare or cause to be prepared, a General Management Plan for each wildlife protected area. (2)Any authorised association shall, upon establishment of the Wildlife Management Area, prepare a Resource Management Zone Plan prior to being granted a Resource User Right as an interim measure before the General Management Plan is in place. (3) Any General Management Plan shall be prepared in a pwticipatory manner and shall include such information as may be prescribed in the respective law. (4) The Minister shall approve and publish the General Management Plan in the Gazette. 2009 31 Declaratio11 of the Wildlife Manage me11tArea Establish ment of District Natural Resources Advisory Body Manage ment Plans Environ ment Impact Assess ment Wildlife Conservation (5) All other plans and actions shall be consistent with the directions prescribed in a relevant General Management Plan of the respective area. (6) The General Management Plans shall periodically be revised or updated in accordance with the regulations made in the Gazette by the Minister. 35.-( 1) Every significant physical development in a wildlife protected area, the Wildlife Management Area, the buffer zone, migratory route or dispersal area to which this section applies, whether that development is prepared by, or is being implemented by a person or organization in the public or private sector, the prospective developer shall prepare and submit to the satisfaction of the Minister responsible for environment a report on Environmental Impact Assessment of the proposed development. (2) Notwithstanding sub-section (1) or any other law to the contrary, any development to which this section applies shall not commence unless and until an Environmental Impact Assessment certificate has been issued by the Minister responsible for environment. (3) The developments in a wildlife protected area and Wildlife Management Areas to which this section applies shall include (a) mining development; (b) road construction or laying of pipe lines; (c) semi or permanent establishments; (d) construction of dams, power stations, electrical and tele communication installations; and (e) such other similar developments or activities as the Director may, for good cause, prescribe. (4) The modalities and substance of any Environmental Impact Assessment to which this section applies shall be as stipulated in the Environmental ManagementAct, and shall have regard to and take account of best international practice. (5) The Environmental Impact Assessment conducted under subsection (4) shall include the impact upon wildlife and shall provide for 32 No,5 Environ ment Impact Assess ment Wildlife Conservation 2009 (5) All other plans and actions shall be consistent with the directions prescribed in a relevant General Management Plan of the respective area. (6) The General Management Plans shall periodically be revised or updated in accordance with the regulations made in the Gazette by the Minister. 3 5.-{ I) Every significant physical development in a wildlife protected area. the Wildlife Management Area, the buffer zone, migratory route or dispersal area to which this section applies, whether that development is prepared by, or is being implemented by a person or organi7.ation in the public or private sector, the prospective developer shaU prepare and submit to the satisfaction of the Minister responsible for environment a report on Environmental Impact Assessment of the proposed development. (2) Notwithstanding sub-section (1) or any other law to the contrary, any development to which this section applies shaU not commence unless and until an Environmental Impact Assessment certificate has been issued by the Minister responsible for environment. (3) The developments in a wildlife protected area and Wild1ife Management Areas to which this section applies shall include (a) mining development; (b) road construction or laying of pipelines; (c) semi or pennanent establishments; ( d) construction of dams, power stations, electrical and tele communication installations~ and (e) such other similar developments or activities as the Director may, for good cause, prescribe. (4) The modalities and substance of any Environmental hnpact Assessment to which this section applies shall be as stipulated in the Environmental Management Act, and shall have regard to and take account of best international practice. (5) The Environmental Impact Assessment conducted under subsection (4) shall include the impact upon wildlife and shall provide for Wildlife Conservation (a) a statement of the existing or anticipated economic impacts to the conservation of wildlife, including an account of the species, communities and habitats affected and the extent to which they are or may be threatened; (b) a statement of whether rare, endangered or endemic species and their habitats are or may be affected; (c) a list of alternative actions, including action and mitigation measures to adverse effects which may be taken to remove or lessen adverse impacts; and (d) recommendations for subsequent action. (6) The Director may, in consultation with other relevant authorities and institutions, prepare Environmental Impact Assessment guidelines. (7) In performing his functions under this section, the Director may consult with persons, authorities, institutions and organizations likely to be affected. (8) Upon approval of an Environmental Impact Assessment by the responsible authorities or organizations, the Environmental Impact Assessment shall be incorporated into the project. 36. The Director may conduct a wildlife impact assessment where any project undertaken under section 34 or any activity undertaken is likely to adversely affect any wildlife species, community or habitat. 37. The Director shall cause to be carried out by the relevant authority an environmental monitoring and environmental audit of projects or activities undertaken under this Act including those made prior to the coming into operation of the Environmental Management Act. PART VII CONSUMPTIVE AND NON-CONSUMPTIVE USE OF WILDLIFE (a) Hunting of Animals 38-(1) There shall be the Hunting Block Allocation Advisory Committee which shall be an advisory body to the Minister. (2) The Minister shall appoint a Chairman of the Hunting Block Allocation Advisory Committee who shall be a person who posses proven knowledge and experience in wildlife conservation. Wildlife impact assessment Environ mental audit and monitoring Cap.191 Hunting Block Allocation Advisory Committee and procedure on application No.S Wildlife Conservation (a) a statement of the existing or anticipated economic impacts to the conservation of wildlife, including an account of the species, communities and habitats affected and the extent to which they are or may be threatened; (b) a statement of whether rare, endangered or endemic species and their habitats are or may be affected; ( c) a I ist of alternative actions, including action and mitigation measures to adverse effects which may be taken to remove or lessen adverse impacts; and (d) recommendations for subsequent action. ( 6) The Director may, in consultation with other relevant authorities and institutions, prepare Environmental lmpactAssessment guidelines. (7) In perfonning his functions under this section, the Director may consult with persons, authorities, institutions and organizations likely to be affected. (8) Upon approval of an Environmental Impact Assessment by the responsible authorities or organizations, the Environmental Impact Assessment shall be incorporated into the project. 36. The Director may conduct a wildlife impact assessment where any project undertaken under section 34 or any activity undertaken is likely to adversely affect any wildlife species, community or habitat. 3 7. The Director shall cause to be carried out by the relevant authority an environmental monitoring and environmental audit of projects or activities undertaken under this Act including those made prior to the coming into operation of the Environmental Management Act. PART VII CONSUMPTIVE AND NON-CONSUMPTIVE USE OF WILDLIFE (a) Hunting of Animals 38-(1) There shall be the Hunting Block Allocation Advisory Committee which shal I be an advisory body to the Minister. (2) The Minister shall appoint a Chainnan of the Hunting Block Allocation Advisory Committee who shall be a person who posses proven knowledge and experience in wildlife conservation. 2009 33 Wildlife impact assessment Environ mental audit and monitoring Cap.191 Hunting Block Allocation Advisory Committee and procedure on app Ii cat ion Wildlife Conservation (3) The Hunting Block Allocation Advisory Committee shall consist of following members to be appointed by the Minister (a) the Director General of Tanzania Wildlife Research Institute; (b) the Director General of Tanzania National Parks; (c) a representative of the Attorney General; (d) the principal of College of Wildlife Management; (e) any other five persons appointed by the Minister; and (f) the Director of Wildlife who shall be the Secretary. (4) In appointing persons referred to in paragraph (e) of subsection (3), the Minister shall have regards to the need for gender balance, knowledge and experience in business administration, environmental conservation matters relating to economic empowerment. (5) The Hunting Block Allocation Advisory Committee shall~ (a) receive and deliberate on the state of hunting and allocation of hunting concessions and blocks; (b) review and provide advice on any standard, guidelines and regulations relating to the issuance of hunting blocks and any matters related to hunting blocks; and (c) advising the Minister on matters relating to applications, conditions, issuance and criteria of allocating hunting blocks; (d) perform other functions relating to the issuance of hunting blocks as the Minister may direct. (6) The Minister shall, upon advice by the Committee, allocate a hunting block to the applicant. (7) Notwithstanding the provisions of subsections (6), a person shall not, in any circumstances, be allocated more than five hunting blocks of which shall be of different grade or category. (8) The tenure of ownership of any hunting block shall be five years subject to renewal, provided that no renewal shall be made unless the applicant has attained a minimum score prescribed in the regulations. (9) The minimum score referred tO,under subsection (7) shall contain an annual performance assessment and the evaluation of utilization and 34 No. 5 Wildlife Conservation 2009 (3) The Hunting Block Allocation Advisory Committee shall consist of following members to be appointed by the Minister• (a) the Director General of Tanzania Wildlife Research Institute; (b) the Director General of Tanzania National Parks; (c) a representative of the Attorney General; ( d) the principal of College of Wildlife Management; (e) any other five persons appointed by the Minister; and (f) the Director of Wildlife who shall be the Secretary. (4) In appointing persons referred to in paragraph (e) of subsection (3), the Minister shall have regards to the need for gender balance, knowledge and experience in business administration, environmental conservation matters relating to economic empowerment. (5) The Hunting Block Allocation Advisory Committee shall~ (a) receive and deliberate on the state of hunting and allocation of hunting concessions and blocks; (b) review and provide advice on any standard, guidelines and regulations relating to the issuance of hunting blocks and any matters related to hunting blocks; and (c) advising the Minister on matters relating to applications, conditions, issuance and criteria of allocating hunting blocks; (d) perform other functions relating to the issuance of hunting blocks as the Minister may direct. (6) The Minister shall, upon advice by the Committee, allocate a hunting block to the applicant. (7) Notwithstanding the provisions of subsections ( 6), a person shall not, in any circumstances, be allocated more than five hunting blocks of which shall be of different grade or category. (8) The tenure of ownership of any hunting block shall be five years subject to renewal, provided that no renewal shall be made unless the applicant has attained a minimum seore prescribed in the regulations. (9) The minimum score referred to under subsection (7) shal I contain an annual performance assessment and the evaluation of utilization and Wildlife Conservation (9) The minimum score referred to under subsection (7) shall contain an annual performance assessment and the evaluation of utilization and performance of the hunting block to be made in the third year of the hunting term. (10) Matters relating to categories, size and quality of hunting blocks shall be prescribed in the regulations. (11) The Minister shall ensure that any modality or system used in allocation of hunting blocks is transparent and is inline with the principles of good governance. (12) Notwithstanding the provisions ofthis section, the Minister may, at any time before the expiration of the period of a hunting term, cancel the allocation of a hunting block, where, there is sufficient evidence that the person allocated a hunting block (a) has failed to satisfy any or a combination of matters required by the Minister to take into consideration; (b) gave false or incorrect information on the application for a hunting block; (c) has been convicted of an offence under this Act; (d) has failed to pay the necessary fees or any other debt due to him in relation to his hunting block; or (e) has sublet a hunting block allocated to him. (13) No decision to cancel the allocation of a hunting block shall be made until the person concerned has been given an opportunity to be heard. (14) Any person who is aggrieved by the decision of the Minister may make an application for the administrative review to the Minister. (15) On receipt of application for administrative review, the Miniser shall submit the application to the Hunting Block Allocation Advisory Committee for opinion and recommendation. No. 5 Wildlife Conservation (9) The minimum score referred to under subsection (7) shaU contain an annual performance assessment and the evaluation of utilization and performance of the hunting block to be made in the third year of the hunting term. ( 10) Matters relating to categories, size and quaJity of hunting blocks shall be prescribed in the regulations. (11) The Minister shall ensure that any modality or system used in allocation of hunting blocks is transparent and is inline with the principles of good governance. · ( 12) Notwithstanding the provisions of this section, the Minister may, at any time before the expiration of the period of a hunting term, cancel the allocation of a hunting block, where, there is sufficient evidence that the person allocated a hunting block (a) has failed to satisfy any or a combination of matters required by the Minister to take into consideration; (b) gave false or incorrect information on the application for a hunting block; (c) has been convicted of an offence under this Act~ (d) has failed to pay the necessary fees or any other debt due to him in relation to his hunting block; or (e) has sublet a hunting block allocated to him. (13) No decision to cancel the allocation of a hunting block shall be made until the person concerned has been given an opportunity to be heard. (14) Any person who is aggrieved by the decision of the Minister may make an application for the administrative review to the Minister. ( t 5) On receipt of application for administrative review, the M iniser shall submit the application to the Hunting Block Allocation Advisory Committee for opinion and recommendation. 2009 35 Minister may restrict grant of licenses and permits Wildlife Conservation (16) Where the Minister has been advised as such he shall make the decision which shall be final but a person who is further aggrieved by the decision of the Minister may appeal to the High Court. (17) Tenure of office of members, meetings and other procedural matters ofthe Hunting Block Allocation Advisory Committee shall be as provided for in the Fifth Schedule to this Act. (18) Notwithstanding the provisions of this section, a person shall not be considered for allocation of a hunting block, unless (a) such person owns shares in a company registered with the Registrar of Companies; and (b) such company intend to engage in hunting of animals. 39.-{ I) The Minister may, by order in the Gazette, declare any person·" or category of persons previously charged and convicted of an offence under this Act or similar law in other jurisdictions, as being a category of persons who shall not be granted any hunting licence in relation to any category of animals specified in the order. (2) Where an order under subsection (I) is made in relation to any category of persons, persons not belonging to that category shall not be entitled to apply for or obtain a hunting licence in respect of any animal to which the order applies and any such licence granted to any such person shall be void. (3) The Minister may make regulations prescribing for shares to be owned by citizens in any hunting company, the number of hunting blocks to be owned by a company, criteria, size and value of hunting blocks but in any case (a) the shares to be owned by the citizens shall not be less than twenty five percent of subscribed shares; and (b) the percentage of foreign owned companies allocated hunting blocks shall not exceed fifteen percent ofthe total hunting companies at any particular time. (4) The Minister shall make regulations prescribing fees and modalities oftransferring hunting blocks from one person to another. 36 No. 5 Minister may restrict grant of licenses and permits Wildlife Conservation 1009 ( 16) Where the Minister has been advised as such he shall make the decision which shall be final but a person who is further aggrieved by the decision of the Minister may appeal to the High Court. ( 17) Tenure of office of members, meetings and other procedural matters of the Hunting Block Allocation Advisory Committee shall be as provided for in the Fifth Schedule to this Act. (l8) Notwithstanding the provisions of this section, a person shall not be considered for allocation of a hunting block, unless (a) such person owns shares in a company registered with the Registrar of Companies; and (b) such company intend to engage in hunting of animals. 39 .-(I) The Minister may, by order in the Gazette, declare any person " or category of persons previously charged and convicted of an offence under this Act or similar law in other jurisdictions, as being a category of persons who shall not be granted any hunting licence in relation to any category of animals specified in the order. (2) Where an order under subsection (1) is made in relation to any category of persons, persons not belonging to that category shall not be entitled to apply for or obtain a hunting licence in respect of any animal to which the order applies and any such licence granted to any such person shall be void. (3) The Minister may make regulations prescribing for shares to be owned by citizens in any hunting company, the number of hunting blocks to be owned by a company, criteria, size and value of hunting blocks but in any case (a) the shares to be owned by the citizens shall not be less than twenty five percent of subscribed shares; and (b) the percentage of foreign owned companies allocated hunting blocks shall not exceed fifteen percent of the total hunting companies at any particular time. (4) The Minister shall make regulations prescribing fees and modalities of transferring hunting blocks from one person to another. Wildlife Conservation (5) Every hunting company shall, for purposes of meeting its operational costs, open a bank account within the United Republic into which shall be deposited a daily rate of a minimum of Eight Hundred US Dollars for each day of hunting booked. (6) The Minister may, from time to time, prescribe the amount to be deposited by hunting companies under subsection (5). 40. Save as otherwise expressly provided in this Act, a person shall not hunt any specified animal or scheduled animal except under and in accordance with the conditions ofa hunting licence issued to that person. No hunting withount license 41. The Minister may, by order in the Gazette, amend, add to, vary Amend or replace the Schedules to this Act. ment of Schedules 42. Any person who wounds an animal shall use all reasonable endeavours to kill it at the earliest opportunity. 43.-( 1)A hunting licence may be issued by a licensing officer upon an application made in writing in the prescribed form and upon payment by the applicant of the prescribed fee. (2) A hunting licence shall not be granted to an applicant who fails to satisfy the licensing officer (a) that he has attained the apparent age of eighteen years; (b) that he is in possession of a valid firearm licence in respect ofthe firearm intended to be used in hunting; (c) in the case of a licence for the hunting of a specified animal, that he is a citizen of Tanzania or that he has been ordinarily resident in Tanzania for a period of not less than twelve months immediately preceding the date of the application; (d) that he has a reasonable knowledge of the use of a firearm for the purpose of game hunting, as may be prescribed by the Director; (e) that he has not been convicted of an offence under this Act or similar legislation designed for the conservation and management of wildlife in Tanzania or any other jurisdiction; and Wounding of animals General provisions relating to game license No. 5 Wildlife Conservation (5) Every hunting company shall, for purposes of meeting its operational costs, open a bank account within the United Republic into which shall be deposited a daily rate of a minimum of Eight Hundred US Dollars for each day of hunting booked. ( 6) The Minister may, from time to time, prescribe the amount to be deposited by hunting companies under subsection (5). No. S 37 40. Save as otherv-lise expressly provided in this Act, a person shall No not hunt any specified animal or scheduled animal except under and in hunting withount accordance with the conditions of a hunting licence issued to that person. license 41. The Minister may, by order in the Gazette, amend, add to, vary Amend or replace the Schedules to this Act. ment of Schedules 42. Any person who wounds an animal shall use all reasonable Wounding endeavours to kill it at the earliest opportunity. of 43 .-(1) A hunting licence may be issued by a licensing officer upon an application made in writing in the prescribed form and upon payment by the applicant of the prescribed fee. (2) A hunting licence shall not be granted to an applicant who fails to satisfy the licensing officer (a) that he has attained the apparent age of eighteen years; (b) that he is in possession of a valid firearm licence in respect of the fireann intended to be used in hunting; ( c) in the case of a licence for the hunting of a specified animal, that he is a citizen of Tanzania or that he has been ordinarily resident in Tanz.ania for a period of not less than hvelve months immediately preceding the date of the application; ( d) that he has a reasonable knowledge of the use of a firearm for the purpose of game hunting, as may be prescribed by the Director; (e) that he has not been convicted of an offence under this Act or similar legislation designed for the conservation and management of wildlife in Tanzania or any other jurisdiction; and animals General provisions relating to game license Trophy and subsi stance hunting Access to wildlife by traditional commu nity Wildlife Conservation (f) that he has reasonable knowledge of the wildlife laws and regulations with respect to hunting, as may be prescribed by the Director. (3) The licensing authority may require an applicant for a hunting licence to appear before him and answer any question or produce any document relevant to any of the matters referred to in subsection (2) and the fireann proposed to be used. 44.-(1) Trophy and subsistence hunting shall be conducted in a manner provided for in the regulations made by the Minister and published in the Gazette. (2) The Minister shall, for purposes of advising the Director on setting of quota and review of such quotas, establish a committee consisting of persons who possess knowledge and necessary expertise in matters relating to wildlife management. 45.-(1) The Minister may, by order in the Gazette, declare any community to be traditional community for the purpose of this Act and prescribe conditions to regulae the utilization of wildlife. (2) The Director may grant a traditional community a licence to hunt such number of specified animals subject to such tenns and conditions for such period as may be specified in the licence. (3) The Minister may, by order in the Gazette, designate areas of land for resident hunting and the modalities of hunting of animals by residents in such areas. (4) Every resident hunter shall, within thirty days after the hunting of an animal, treat properly the skin of the animal or any other trophy and ensure that the skin or trophy is handed over to registered taxidenny or a licensing officer and the taxidenny or licensing officer, as the case may be, shall be required to register the trophy. 38 No. 5 Trophy and subsi stance hunting Access to wildlife by traditional commu nity Wildlife Conservation 2009 (f) that he has reasonable knowledge of the wildlife laws and regulations with respect to hunting, as may be prescribed by the Director. (3) The licensing authority may require an applicant for a hunting licence to appear before him and answer any question or produce any document relevant to any of the matters referred to in subsection (2) and the fireann proposed to be used. 44.-( 1) Trophy and subsistence hunting shall be conducted in a manner provided for in the regulations made by the Minister .and published in the Gazette. (2) The Minister shall, for purposes of advising the Director on setting of quota and review of such quotas, establish a committee consisting of persons who possess knowledge and. necessary expertise in matters relating to wildlife management. 4S.-(1) The Minister may, by order in the Gazette, declare any community to be traditional community for the purpose of this Act and prescribe conditions to regulae the utilization of wildlife. (2) The Director may grant a traditional community a licence to hunt such number of specified animals subject to such terms and conditions for such period as may be spe.cified in the licence. (3) The Minister may, by order in the Gazette, designate areas of land for resident hunting and the modalities of hunting of animals by residents in such areas. ( 4} Every resident hunter shall, within thirty days after the hunting of an animal, treat properly the skin of the animal or any other trophy and ensure that the skin or trophy is handed over to registered taxidermy or a licensing officer and the taxidenny or licensing officer, as the case may be, shall be required to register the trophy. Wildlife Conservation 46. Without prejudice to the preceding provisions of this Part, every hunting licence shall specify the species and number of specified or scheduled animal, which may lawfully be hunted by the holder and shall be valid for such period as may be prescribed. 47. Any person who (a) not being a holder of a hunting Iicence, hunts, kills or wounds any specified animal or scheduled animal; or (b) being a holder of a hunting licence, hunts, kills or wounds (i) a specified animal or a scheduled animal of a species, category, type or description other than that specified in the licence; (ii) a number of specified animals or scheduled animals larger than those authorised by the licence; or (iii) a specified animal or scheduled animal in an area other than the area specified in the Iicence,commits an offence and on conviction (aa) in the case where the conviction relates to the hunting or killing of an animal specified in Part Iof the First Schedule to this Act, to imprisonment for a term of not less than three years but not exceeding ten years and the court may in addition th~reto, impose a fine of an amount not less than twice the value of the animal hunted or killed; (bb) in the case where the conviction relates to the hunting or killing of an animal specified in Part IIof the First Schedule to this Act, 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 less than twice the value of the animalhunted or killed; (cc) in the case where the conviction relates to hunting or killing of an animal specified in Part III of the First Schedule to this Act, to imprisonment for a term of not less than twelve months but not exceeding three years and in addition thereto, the court may Hunting of specified and scheduled animals Unlawful hunting of specified or scheduled animal No. 5 Wildlife Conservation 46. Without prejudice to the preceding provisions of this Part, every hunting licence shall specify the species and number of specified or scheduled animal, which may lawfully be hunted by the holder and shall be valid for such period as may be prescribed. 47. Any person who (a) not being a holder of a hunting licence, hunts, kills or wounds any specified animal or scheduled animal; or (b) being a holder of a hunting licence, hunts, kills or wounds (i) a specified animal or a scheduled animal of a species, category, type or description other than that specified in the licence; (ii) a number of specified animals or scheduled animals larger than those authorised by the licence; or (iii) a specified animal or scheduled animal in an area other than the area specified in the licence,commits an offence and on conviction (aa) in the case where the conviction relates to the hunting or killing of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term of not less than three years but not exceeding ten years and the court may in addition thi:,reto, impose a fine of an amount not less than twice the value of the animal hunted or killed; (bb) in the case where the conviction relates to the hunting or killing of an animal specified in Part Il of · the First Schedule to this Act, to imprisonment for a tenn of not less than two years but not exceeding tive years and the court may in addition thereto, impose a fine not less than twice the value of the animal hunted or killed; (cc) in the case where the conviction relates to hunting or killing of an animal specified in Part III of the First Schedule to this Act, to imprisonment for a tenn of not less than twelve months but not exceeding three years and in addition thereto, the court may 2009 39 Hunting of specified and scheduled animals Unlawful hunting of specified or scheduled animal Profes sional hunter licence Wildlife Conservation impose a fine not less than twice the value of the animal hunted or killed; or (dd) in the case where the conviction relates to wounding of an animal, to a fine of not less than twice the value of the animal or imprisonment for a term of not less than twelve months. 48.-(1) A person shall not work as a professional hunter unless he has a professional hunter's licence issued under this Act. (2) The Director shall not issue a professional hunter's licence to the applicant unless he is satisfied that the applicant (a) is over twenty three years of age; (b) is a holder of a certificate in professional hunting from the College of Wildlife Management or any other recognized wildlife institution and has a thorough knowledge ofthis Act, other relevant laws and international agreements on the control and management ofthe hunting industry; (c) has undergone a three years apprenticeship in a recognised tourist hunting company; and (d) has successfully completed any test as may be required. (3) A professional hunter's licence shall be divided into two categories as follows: (a) category A which shall allow the holder to supervise the hunting of any animal; and (b) category B which shall allow the holder to supervise hunting of non dangerous animals. (4) A professional hunter's licence shall entitle the holder to supervise hunting of any animal permitted under this Act and guide any type of trophy hunting in accordance with this Act or any other relevant law. (5) Every tourist hunting company shall ensure that the minimum number of citizen professional hunters under its employment is not less than fifty percent at any particular time. (6) The preceding provisions of this section shall not apply during the grace period of three years in which hunting companies shall be allowed to attach apprentice graduates. 40 No. S Profes sional hunter licence Wildlife Conservation 2009 impose a fine not less than twice the value of the animal hunted or killed~ or (dd) in the case where the conviction relates to wounding of an animal, to a fine of not less than twice the value of the animal or imprisonment for a tenn of not less than twelve months. 48.-( I) A person shall not work as a professional hunter unless he has a professional hunter's licence issued under this Act. (2) The Director shall not issue a professional hunter's licence to the applicant unless he is satisfied that the applicant (a) is over twenty three years of age; (b) is a holder of a certificate in professional hunting from the College of Wildlife Management or any other recognized wildlife institution and has a thorough knowledge of this Act, other relevant laws and international agreements on the control and management of the hunting industry; (c) has undergone a three years apprenticeship in a recognised tourist hunting company; and (d) has successfully completed any test as may be required. (3) A professional hunter's licence shalJ be divided into two categories as follows: (a) category A which shall a1low the holder to supervise the hunting of any animal; and (b) category B which shall allow the holder to supervise hunting of non dangerous animals. ( 4) A professional hunter's licence shall entitle the holder to supervise hunting of any animal permitted under this Act and guide any type of trophy hunting in accordance with this Act or any other relevant law. (5) Every tourist hunting company shall ensure that the minimum number of citizen professional hunters under its employment is not less than fifty percent at any particular time. (6) The preceding provisions of this section shall not apply during the grace period of three years in which hunting companies shaUbe allowed to attach apprentice graduates. Wildlife Conservation 49.-(1) A professional hunter's licence for a non-citizen shall, in addition to the conditions stipulated under section 47, be endorsed with the name of the employer of the hunter, who shall be the same as one endorsed on the work permit. (2) Where any change of employer by a non-citizen professional hunter occurs, the professional hunter's licence shall be invalidated and be handed over to the Director within fourteen days of such change. (3) Where a professional hunter's licence is invalidated a new professional hunter's licence may be applied for, for purposes of endorsing the name of the new employer, and may be issued without requirement of testing. (4) The Director may attach any conditions to the licence as he may determine. 50.-( 1) Save as otherwise expressly stated in this Act, no person shall capture any animal, whether or not such animal is a specified animal in any schedule to this Act, except under and in accordance with the conditions of a capture permit issued to him under this Act. (2) Subject to the provisions of this Act, the Director may, in writing, grant a capture permit authorizing the capture of any animal for (a) providing a specimen for any zoological garden or similar institution; (b) educational, scientific or cultural purpose; and (c) providing specimen for commercial purposes. (3) The grant of a capture permit referred to in subsection (2) shall be made in the public interest and in accordance with the provisions of any international instruments that have been ratified by the United Republic of Tanzania. 51. The Director may, subject to the approval of the Minister grant a capture permit subject to such conditions as to the method of capture, care, stabling, feeding, crating, transporting and exporting of animals as specified in the regulations. Profes sional hunter licence for a non-citizen No animal to be captured without permit Grant of capture permit No. 5 Wildlife Conservation 49.-(1) A professional hunter's licence for a non--citizen shall, in addition to the conditions stipulated under section 4 7, be endorsed with the name of the employer of the hunter, who shall be the same as one endorsed on the work permit. (2) Where any change of employer by a non-citizen professional hunter occurs, the professional hunter's licence shall be invalidated and be handed over to the Director within fourteen days of such change. (3) Where a professional hunter's licence is invalidated a new professional hunter's licence may be applied for, for purposes of endorsing the name of the new employer, and may be issued without requirement of testing. (4) The Director may attach any conditions to the licence as he may determine. (b) Capture of Animal 50.-(1) Save as otherwise expressly stated in this Act, no person shall capture any animal, whether or not such animal is a specified animal in any schedule to this Act, except under and in accordance with the conditions of a capture permit issued to him under this Act. (2) Subject to the provisions of this Act, the Director may, in writing, grant a capture pennit authorizing the capture of any animal for (a) providing a specimen for any zoological garden or similar instinrtion; (b) educational, scientific or cultural purpose; and ( c) providing specimen for commercial purposes. (3) The grant of a capture permit referred to in subsection (2) shall be made in the public interest and in accordance with the provisions of any international instruments that have been ratified by the United Republic of Tanzania. 5 l. The Director may, subject to the approval of the Minister grant a capture permit.subject to such conditions as to the method of capture, care, stabling, feeding, crating, transporting and exporting of animals as specified in the regulations. 2009 41 Profes sional hunter licence for a non-citizen No animal to be captured without permit Grant of capture permit General provisions relating to capture permits Unlawful capture of an animal 52.-(1) A capture permit shall be in the prescribed form specifying the animal and the area within which the animal may be captured. (2) A capture permit shall be valid for such period as the Director may specify. (3) There shall be charged in respect ofa capture permit such fee as the Minister may, by order in the Gazette, prescribe. (4) Subject to the provisions of subsection (3), any person or local authority shall, after consultation with the Director and approval in writing by the Minister, charge royalty in respect of a capture permit. 53.-(1) Any person who (a) not being a holder of a capture permit, captures any animal; (b) being a holder of a capture permit, captures (i) a category, type or description of an animal species other than that specified in the permit; or (ii) a number of animals more than those authorised by the permit; or (iii) an animal in an area other than the area specified in the permit, commits an offence and on conviction (aa) in the case where the conviction relates to the capture of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term of not less than three years but not exceeding five years and the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal captured; (bb) in the case where the conviction relates to the capture of an animal specified in Part II ofthe First Schedule to this Act, 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 less than twice the value of the animal captured; (cc) in the case where the conviction relates to the capture of an animal specified in.Part III of the First Schedule to this Act, to imprisonment for a term of not less than 42 No. S General provisions relating to capture permits Unla\.\lful capture of an animal Wildlife Conservation 2009 52.-(1) A capture permit shall be in the prescribed form specifying the animal and the area within which the animal may be captured. (2) A capture permit shall be valid for such period as the Director may specify. (3) There shall be charged in respect of a capture permit such fee as the Minister may, by order in the Gazette, prescribe. (4) Subject to the provisions of subsection (3), any person or local authority shall, after consultation with the Director and approval in writing by the Minister, charge royalty in respect of a capture permit. 53.-( 1) Any person who (a) not being a holder of a capture permit, captures any animal; (b) being a holder of a capture permit, captures (i) a category, type or description of an animal species other than that specified in the permit; or (ii) a number of animals more than those authorised by the permit; or (iii) an animal in an area other than the area specified in the permit, commits an offence and on conviction (aa) in the case where the conviction relates to the capture of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term ofnot less than three years but not exceeding five years and the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal captured; (bb) in the case where the conviction relates to the capture of an animal specified in Part II of the First Schedule to this Act, 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 less than twice the value of the animal captured; (cc) in the case where the conviction relates to the capture of an animal specified in.Part Ill of the First Schedule to this Act, to imprisonment for a term ofno! less than Wildlife Conservation twelve months but not exceeding three years and in addition thereto, the court may impose a fine not less than twice the value of the animal captured; or (dd) in the case where the conviction relates to wounding an animal in the cause of capturing it, to a fine of not less than twice the value of the animal wounded orto imprisonment of not less than five months but not exceeding twelve months. 54.-( 1)A person shall not operate non-consumptive wildlife tourism without a licence issued under the Tourism Act, 2008 authorizing the holder to operate a facility or any other tourism business. (2) The Minister may by regulations prescribe the conditions for engaging in non-consumptive wildlife tourism. (d) General Provisions Relating to Hunting 55.-( I) A person shall not without the written authority of the Director previously sought and obtained, hunt, kill or wound any animal regardless of the fact that the animal is not specified in any of the Schedules to the Act. (2) Any person who contravenes the provisions of this section commits an offence and on conviction shall be liable to a fine of an amount not less than twice the value of the animal hunted, killed or wounded or to imprisonment for a term not less than one year but not exceeding five years or to both. 56.-( 1) A person shall not hunt or kill the young of any animal or any female animal which is apparently pregnant or which is accompanied by its young. (2) A person who holds a licence, permit or written authority to hunt an animal of any species, hunts the young of that species or the female of that species which is apparently pregnant or is accompanied by its young, unless the hunting of such young or such female is expressly authorised by the licence, permit or written authority, commits an offence and shall Non-consu mptive wildlife tourism Hunting of unsched uled animals without permit Killing of young animals and female pregnant animal prohibited No. 5 Wildlife Conservation twelve months but not exceeding three years and in addition thereto, the court may impose a fine not less than twice the value of the animal captured; or (dd) in the case where the conviction relates to wounding an animal in the cause of capturing it, to a fine of not less than twice the value of the animal wounded or to imprisonment of not less than five months but not exceeding twelve months. (c) Non-Consumptive Wildlife Tourism 54.--{ 1) A person shalJ not operate non-consumptive wildlife tourism without a licence issued under the Tourism Act, 2008 authorizing the holder to operate a facility or any other tourism business. (2) The Minister may by regulations prescribe the conditions for engaging in non-consumptive wildlife tourism. (d) General Provisions Relating to Hunting 55.-( I) A person shall not without the written authority of the Director previously sought and obtained, hunt, kill or wound any animal regardless of the fact that the animal is not specified in any of the Schedules to the Act. (2) Any person who contravenes the provisions of this section commits an offence and on conviction shall be liable to a fine of an amount not less than twice the value of the animal hunted, killed or wounded or to imprisonment for a term not less than one year but not exceeding five years or to both. 56.-(1) A person shall not hunt or kill the young of any animal or any female animal which is apparently pregnant or which is accompanied by its young. (2) A person who holds a licence, pennit or written authority to hunt an animal of any species, hunts the young of that species or the female of that species which is apparently pregnant or is accompanied by its young, unless the hunting of such young or such female is expressly authorised by the I icence; permit or written authority, commits an offence and shall 2009 43 Non-consu mptive wildlife tourism Hunting of unsched uled animals without permit Killing of young !IIlimals !IIld female pregnant animal prohibited Hunting or capture on land Wildlife Conservation be liable on conviction to a fine of not less than twice the value of such animal or to imprisonment for a term of not less than three years or to both. (3) Any person who hunts or kills the young of an animal or any female animal which is apparently pregnant without a permit, license or written authority, commits an offence and shall be liable on conviction to a fine of not less than twice the value of such animal or to imprisonment for a term of not less than five years or to both. 57.-(1) Any person shall not hunt or capture any animal on land occupied under a right of occupancy or derivative right of occupancy unless that person is the holder of a licence, permit or written authority issued or granted under this Act to hunt, or as the case may be, to capture such animal. (2) Any person shall not hunt or capture any animal on village land without presenting certified copies of his permit or licence to the Village Council, authorised association and the District Wildlife Officer. (3) A certified copy ofa licence or permit duly presented under sub section (2) shall serve as notice to the Village Council, authorised association and the District Wildlife Officer. (4) Where the Director, with the approval of the Minister is of the opinion that it is in the public interest that any animal on any such land be hunted or captured, he may authorize any person to hunt or capture that animal on such land and after a certified copy of such authority has been served on the occupier of such land, it shall be lawful for the person authorised to hunt or capture the animal to proceed to do so without the consent of the occupier: Provided that the person so authorised shall not be entitled, without the consent of the occupier, to enter any dwelling house or other building on such land. (5) Any person who (a) not being a person authorised under subsection (4), hunts or captures any animal on private land without the consent of the owner; 44 No, 5 Hunting or capture on land Wildlife Conservation 2009 be liable on conviction to a fine of not less than twice the value of such animal or to imprisonment for a tenn of not less than three years or to both. (3) Any person who hunts or kills the young of an animal or any female animal which is apparently pregnant without a permit, license or written authority, commits an offence and shall be liable on conviction to a fine of not less than twice the value of such animal or to imprisonment for a term of not less than five years or to both. 57.-(1) Any person shall not hunt or capture any animal on land occupied under a right of occupancy or derivative right of occupancy unless that person is the holder of a licence, permit or written authority issued or granted under this Act to hunt, or as the case may be, to capture such animal. (2) Any person shall not hunt or capture any animal on village land without presenting certified copies of his pennit or licence to the Vi11age Council, authorised association and the District Wildlife Officer. (3) A certified copy of a licence or permit duly presented under sub~ section (2) shall serve as notice to the Village Council, authorised association and the District Wildlife Officer. ( 4) Where the Director, with the approval of the Minister is of the opinion that it is in the public interest that any animal on any such land be hunted or captured, he may authorize any person to hunt or capture that animal on such land and after a certified copy of such authority has been served on the occupier of such land, it shall be lawful for the person authorised to hunt or capture the animal to proceed to do so without the consent of the occupier: Provided that the person so authorised shall not be entitled, without the consent of the occupier, to enter any dwelling house or other building on such land. (5) Any person who (a) not being a person authorised under subsection (4), hunts or captures any animal on private land without the consent of the owner; Wildlife Conservation (b) being a person so authorised, contravenes the provisions of the proviso to subsection (4); (c) being the owner of any private land who has been served with a certified copy of any authority granted under subsection (4), obstructs the person authorised to hunt or capture any animal on such private land from entering on the private land or from hunting or capturing the animal, commits an offence and shall be liable to a fine equal to twice the value of such animal, or imprisonment to the term not less than six months but not exceeding two years or to both .. (6) The provisions of subsection (4) shall not apply to zoos, wildlife farms, game sanctuaries, orphanage centres or similar establishments. 58.-{ I) Notwithstanding the provisions of this Act, it shall be lawful for the Director, with the consent of the Minister in writing and in the public interest, with or without a fee to grant to any person a special licence in the prescribed form authorizing the holder of the licence to hunt, capture or photograph the animals specified in the licence for the purpose of (a) scientific research; (b) display in a museum; (c) educational activity; (d) cultural activity; or (e) supply of food, in cases of emergency. (2) A special licence granted under subsection (I) may authorize the hunting, capture or photography of any animal provided that such authorization shall be in the public interest and shall not violate any international instrument for the conservation and management of wildlife or natural resources that the Government has ratified. (3) A special licence granted under subsection (I) shaH not be used for commercial purposes or personal gain. (4) The Minister shall, by regulations in the Gazette, prescribe the type, species and number of animals that may be captured or hunted under this section. Special licence No. 5 Wildlife Conservation {b) being a person so authorised, contravenes the provisions of the proviso to subsection ( 4); (c) being the owner of any private land who has been served with a certified copy of any authority granted under subsection (4), obstructs the person authorised to hunt or capture any animal on such private land from entering on the private land or from hunting or capturing the animal, commits an offence and shall be liable to a fine equal to twice the value of such animal, or imprisonment to the term not less than six months but not exceeding two years or to both .. (6) The provisions of subsection (4) shall not apply to zoos, wildlife farms, game sanctuaries, orphanage centres or similar establishments. 2009 45 58 .--( 1) Notwithstanding the provisions of this Act, it shall be lawful Special for the Director, with the consent of the Minister in writing and in the licence public interest, with or without a fee to grant to any person a special licence in the prescribed form authorizing the holder of the licence to hunt, capture or photograph the animals specified in the licence for the purpose of (a) scientific research; (b) display in a museum; ( c) educational activity; ( d) cultural activity; or {e) supply of food, in cases of emergency. (2) A special licence granted under subsection ( 1) may authorize the hunting, capture or photography of any animal provided that such authorization shall be in the public interest and shall not violate any international instrument for the conservation and management of wildlife or natural resources that the Government has ratified. (3) A special licence granted under subsection (1) shall not be used for commercial purposes or personal gain. ( 4) The Minister shall, by regulations in the Gazette, prescribe the type, species and number of animals that may be captured or hunted under this section. Security for compliance with this Act Licence. etc. not transfer able Recording of game and surrender oflicence Wildlife Conservation 59.-(1) The Director may, as a condition to the grant of any licence or permit under this Act, directs that the applicant shall give security for compliance with the provisions ofthis Act and any subsidiary legislation made hereunder either by depositing with the Director such sum of money that is not less than the value of the animal, or not more than twice its value or executing a bond, with or without sureties, for an amount more than twice the value of the animal or animals, as the Director may, in writing determine. (2) Where a person who has given security under this section contravenes any of the provisions of this Act or any subsidiary legislation made hereunder during the period of nine months after the date on which such security is given, then, notwithstanding any penalty which may have been or may be imposed upon such person for such contravention (a) where a sum of money was deposited with the Director, such sum of money or such part thereof as the Director may in writing direct, shall be forfeited to the Government; (b) where a security bond was executed, the bond shall be enforceable by the Director on behalf of the Government either in relation to the whole amount specified in the bond or that part of such amount as the Director may in writing, determine. 60.-(1) A person shall not transfer or assign to any other person any licence, permit or other written authority granted to him under this Act. (2) Any person who seeks to transfer or assign to any other person any licence, permit or written authority shall apply in writing to the Director stating the reasons for such transfer or assignment. (3) The Minister may, by regulations in the Gazette, prescribe conditions for any transfer or assignment under subsection (2). (4) Any person who contravenes the provisions section commits an offence and shall be liable on conviction to a fine not less than five million shillings or to imprisonment for a term not less than one year but not exceeding five years or to both. 61.-( 1)Any person to whom a licence, permit or written authority is issued under this Act shall 46 No. 5 Security for compliance with this Act Licence. etc. not transfer able Recording ofgame and surrender oflicence Wildlife Conservation 2009 59.-(1) The Director may, as a condition to the grant of any licence or pennit under this Act, directs that the applicant shall give security for compliance with the provisions of this Act and any subsidiary legislation made hereunder either by depositing with the Director such sum of money that is not less than the value of the animal, or not more than twice its value or executing a bond, with or without sureties, for an amount more than twice the value of the animal or animals, as the Director may, in writing detennine. · (2) Where a person who has given security under this section contravenes any of the provisions of this Act or any subsidiary legislation made hereunder during the period of nine months after the date on which such security is given, then, notwithstanding any penalty which may have been or may be imposed upon such person for such contravention (a) where a sum of money was deposited with the Director, such sum of money or such part thereof as the Director may in writing direct, shall be forfeited to the Government; (b) where a security bond was executed, the bond shall be enforceable by the Director on behalf of the Government either in relation to the whole amount specified in the bond or that part of such amount as the Director may in writing, detennine. 60.-(]) A person shall not transfer or assign to any other person any licence, pennit or other written authority granted to him under this Act. (2) Any person who seeks to transfer or assign to any other person any licence, permit or written authority shalJ apply in writing to the Director stating the reasons for such transfer or assignment. (3) The Minister may, by regulations in the Gazette, prescribe conditions for any transfer or assignment under subsection (2). ( 4) Any person who contravenes the provisions section commits an offence and shall be Hable on conviction to a fine not less than five miJlion shillings or to imprisonment for a tenn not less than one year but not exceeding five years or to both. 61.-( l) Any person to whom a licence, pennit or written authority is issued under this Act shall Wildlife Conservation (a) carry such licence, penn it or written authority with him when exercising the rights conferred; (b) record thereon in Kiswahili or English in indelible writing, in the space provided thereof, all relevant details of all animals killed, wounded or captured by him in the exercise of the rights conferred and no animal so killed, nor any part thereof shall be removed from the place where it fell unlessall such details have been first so recorded; (c) not later than thirty days after the expiry of such licence, penn it, or written authority, or where he proposes to depart from the country or the area for which such licence, pennit or written authority is valid before the date of such departure, surrender such licence, penn it or written authority to the licensing officer who issued it and shall sign a declaration certifying the accuracy of the record of game killed, wounded or captured in the presence of that officer. (2) The licensing officer to whom any licence, pennit or other written authority is surrendered shall countersign the declaration made thereon in the space provided for such countersignature. (3) Any person who contravenes any of the provisions of subsection (1), comm its an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment not less than two years but not exceeding five years or to both. 62. The Director may, for good cause and only once, extend the period of val idity of any licence, penn it or written authority granted under this Act, for a period not exceeding one month upon being satisfied in writing, that the holder of a licence, penn it or written authority was prevented from exercising the rights conferred by reasonable cause. 63.- (l) Any person who kills an animal specified in any of the Schedules to this Act by accident shall, as soon as may be practicable thereafter (a) remove from such animal any skin, ivory, horn, tooth or any other trophy; (b) report the fact and the circumstances of such killing to the nearest wildlife officer, wildlife warden, wildlife ranger, Extension of licenses by the Director Animal killed by accident or in error No. 5 Wildlife Conservation (a) ca.ny such licence, pennit or written authority with him when exercising the rights conferred; (b) record thereon in Kiswahili or English in indelible writing, in the space provided thereof, all relevant details of al I animals killed, wounded or captured by him in the exercise of the rights conferred and no animal so killed, nor any part thereof shall be removed from the place where it fell unless all such details have been first so recorded; (c) not later than thirty days after the expiry of such licence, pennit, or written authority, or where he proposes to depart from the country or the area for which such licence, pennit or written authority is valid before the date of such departure, surrender such licence, permit or written authority to the licensing officer who issued it and shall sign a declaration certifying the accuracy of the record of game killed, wounded or captured in the presence of that officer. (2) The licensing officer to whom any licence, permit or other written authority is surrendered shall countersign the declaration made thereon in the space provided for such countersignature. (3) Any person who contravenes any of the provisions of subsection ( 1 ), commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment not less than two years but not exceeding five years or to both. 62. The Director may, for good cause and only once, extend the period of validity of any licence, permit or written authority granted under this Act, for a period not exceeding one month upon being satisfied in writing, that the holder of a licence, permit or written authority was prevented from exercising the rights conferred by reasonable cause. 63 .-( 1) Any person who kills an animal specified in any of the Schedules to this Act by accident shall, as soon as may be practicable thereafter ( a) remove from such animal any skin, ivory, horn, tooth or any oilier trophy; (b) report the fact and the circumstances of such killing to the nearest wildlife officer, wildlife warden, wildli~e ranger, 2009 47 Extension of licenses by the Director Animal killed by accident orin error Director may regulate type of weapons Unlawful methods of hunting Wildlife Conservation ranger, park warden, park ranger or village game scout within three working days; (c) hand over to such wildlife officer, wildlife warden, wildlife ranger, ranger, park warden, park ranger, or village game scout any trophy removed from such animal, which trophy shall be the property of the Government and shall be disposed of as the Director may direct; and (d) where required by such wiIdlife officer, wildlife warden, wildlife ranger, ranger, park warden, park ranger or village game scout show him the place or site where the animal was killed. (2) An animal shall not be deemed to have been killed by accident where the person killing it is a holder of a licence, permit or written authority, entitling him to hunt an animal of that specie. (3) Any person who fails to comply with any of the provisions of this section, commits an offence and shall be liable on conviction to a fine of an amount not less than twice the value of the animal or to imprisonment for a term of not less than one year but not exceeding two months or to both. 64.-(1) The Director shall, by order in the Gazette, prescribe the type or class of weapons to be used for the hunting of any particular species of animals. (2) Where an order under subsection (1) has been made, any person who hunts any animal or class of animals by means of any weapon prohibited by such order for use in the hunting of animals ofthat species or any weapon other than of the type or class authorised by such order for use in the hunting of animals of that species commits an offence and shall be Iiab Ie on conviction to a fine of an amount not less than twice the value of the animal hunted or to imprisonment for a term of not less than one year but not exceeding two years or to both. 65.-(1) Any person shall not, except by and in accordance with the written authority of the Director previously sought and obtained or in accordance with regulations made under this Act (a) use for the purpose of hunting any animal 48 No. S Director may regulate type of weapons Unlawful methods of hunting Wildlife Conservation 2009 ranger, park warden, park ranger or village game scout within three working days; (c) hand over to such wildlife officer, wildlife warden, wildlife ranger, ranger, park warden, park ranger, or village game scout any trophy removed from such animal, which trophy shall be the property of the Government and shall be disposed of as the Director may direct; and ( d) where required by such wildlife officer, wildlife warden, wildlife ranger, ranger, park warden, park ranger or village game scout show him the place or site where the animal was killed. (2) An animal shall not be deemed to have been killed by accident where the person killing it is a holder of a licence, permit or written authority, entitling him to hunt an animal of that specie. (3)Any person who fails to comply with any of the provisions of this section, commits an offence and shall be liable on conviction to a fine of an amount not less than twice the value of the animal or to imprisonment for a term of not less than one year but not exceeding two months or to both, 64.-(1) The Director shall, by order in the Gazette, prescribe the type or class of weapons to be used for the hunting of any particular species of animals. (2) Where an order under subsection (1) has been made, any person who hunts any animal or class of animals by means of any weapon prohibited by such order for use in the hunting of animals of that species or any weapon other than of the type or class authorised by such order for use in the hunting of animals of that species commits an offence and shal I be I iable on conviction to a fine of an amount not less than twice the value of the animal hunted or to imprisonment for a term of not less than one year but not exceeding two years or to both. 65.-(1) Any person shall not, except by and in accordance with the written authority of the Director previously sought and obtained or in accordance with regulations made under this Act (a) use for the purpose of hunting any animal Wildlife Conservation (i) any mechanically propelled vehicle; (ii) any poison, bait, poisoned bait, poisoned weapon, stakes, net, gin, trap, set gun, pitfall, missile, explosives, ball ammunition, snare, hide, spear, fence or enclosure; (iii) a dog or any domesticated animal; (iv) any automatic or semi automatic firearm capable of firing more than one cartridge as a result of one pressure of the trigger or of reloading itself more than once without further action by the operator; (v) any device capable of reducing or designed to reduce the sound made by the discharge of any firearm; (vi) any artificial light or flare, night vision devises; or (vii) any anaesthetic dart capable of immobilisation; (b) in the process of hunting any animal cause any fire; and (c) hunt any animal (i) from any mechanically propelled vehicle or within two hundred metres of such vehicle, except when hunting birds in water; (ii) other than a hippopotamus, otter, sitatunga, puku, crocodile, water-buck or bird within five hundred metres of any permanent water, pool, waterhole or salt-lick; (iii) within one kilometre of a national park, a zoo, game sanctuary, the Ngorongoro Conservation Area or an aerodrome; and (iv) during the hours of darkness. (2) Any person shall not (a) for the purpose of hunting or while on a hunting trip, camp within a kilometre of any aerodrome; (b) drag, cut or display any dead animal in the vicinity of any lodge, hotel, zoo or camp frequented by visitors; (c) throw any animal carcass into any permanent water, pool, water-hole, salt-lick or any place commonly used by animals as a resting place; (d) leave any animal carcass within two kilometres of any aerodrome or a kilometre of any public road, lodge, hotel game sanctuary, wildlife farm or zoo; and No. S Wildlife Conservation (i) any mechanically propelled vehicle; (ii) any poison, bait, poisoned bait, poisoned weapon, stakes, net, gin, trap, set gun, pitfall, missile, explosives, bat! ammunition, snare, hide, spear, fence or enclosure; (iii) a dog or any domesticated animal; (iv) any automatic or semi automatic fireann capable of firing more than one cartridge as a result of one pressure of the trigger or of reloading itself more than once without further action by the operator; (v) any device capable of reducing or designed to reduce the sound made by the discharge of any firearm; (vi) any artificial light or flare, night vision devises; or (vii) any anaesthetic dart capable ofimmobilisation; (b) in the process of hunting any animal cause any fire; and (c) hunt any animal (i) from any mechanically propelled vehicle or within two hundred metres of such vehicle, except when hunting birds in water; (ii) other than a hippopotamus, otter, sitatunga, puku, crocodile, water-buck or bird within five hundred metres of any permanent water, pool, waterhole or salt-lick; (iii) within one kilometre of a national park, a wo, game sanctuary, the Ngorongoro Conservation Area or an aerodrome; and (iv) during the hours of darkness. (2) Any person shall not ( a) for the purpose of hunting or while on a hunting trip, camp within a kilometre of any aerodrome; (b) drag, cut or display any dead animal in the vicinity of any lodge, hotel, wo or camp frequented by visitors; (c) throw any animal carcass into any permanent water, pool, water-hole, salt-lick or any place commonly used by animals as a resting place; (d) leave any animal carcass within two kilometres of any aerodrome or a kilometre of any public road, lodge, hotel game sanctuary, wildlife farm or zoo; and 2009 49 Refusal cocellation, variation and suspension oflicense etc. Wildlife Conservation (e) leave on any hunting site Iitter, refuse, unbumt trophy drying racks or a buming fire or leave such site in a state likely to constitute a danger to the public or animal health. (3) Notwithstanding the provisions of subsection (I) the restrictions imposed by that subsection, other than the restrictions imposed by sub paragraph (ii) of paragraph (a) and by paragraph (b) of subsection (2), shall not apply where an animal is hunted under and in accordance with the provisions of section 72. (4) The Minister may, by regulations made under this Act, impose such further restrictions on the methods of hunting animals as he may deem fit. (5) Any person who contravenes any ofthe provisions of subsections (l) or (2) commits an offence and shall be liable on conviction to a fine of an amount not less than one million shillings but not exceeding two million shillings or to imprisonment for a term of not less than one year but not exceeding three years, or to both: Provided that where an offence relates to the hunting or kill ing of an animal, the court shall impose a fine of an amount not less than twice the value of the animal hunted or killed. (e) Provisions Relating to Licences and Matters Related to Licences 66.-( I) The Director, a wildlife officer or licensing officer may, for good cause (a) refuse to issue to any person any certificate, licence, permit, written permission or other written authority under this Act; or (b) cancel, vary or suspend any certificate, licence, permit, written permission or other written authority under this Act. (2) Subject to subsection (I), good cause under this section shall include (a) fraud; (b) forgery; (c) misrepresentation; or 50 No. 5 Refusal cocellation, variation and suspension ofllcense etc. Wildlife Conservation 2009 (e) leave on any hunting site litter, refuse, unburnt trophy drying racks or a burning fire or leave such site in a state likely to constitute a danger to the public or animal health. (3) Notwithstanding the provisions of subsection (I) the restrictions imposed by that subsection, other than the restrictions imposed by sub paragraph (ii) of paragraph (a) and by paragraph (b) of subsection (2), sh.all not apply where an animal is hunted under and in accordance with the provisions of section 72. ( 4) The Minister may. by regulations made under this Act, impose such further restrictions on the methods of hunting animals as he may deem fit. (5) Any person who contravenes any of the provisions of subsections ( 1) or (2) commits an offence and shall be liable on conviction to a fine of an amount not less than one million shillings but not exceeding two million shillings or to imprisonment for a tenn of not less than one year but not exceeding three years, or to both: Provided th.at wh.ere an offence relates to the hunting or killing of an animal, the court shall impose a fine of an amount not less than twice the value of the animal hunted or killed. (e) Provisions Relating to Licences and Matters Related to Licences 66.-{ 1) The Director, a wildlife officer or licensing officer may, for good cause (a) refuse to issue to any person any certificate, licence, pennit, written penn ission or other written authority under this Act; or (b) cancel, vary or suspend any certificate, licence, pennit, -written permission or other written authority under this Act. (2) Subject to subsection (I), good cause under this section sha11 include (a) fraud; (b) forgery; (c) misrepresentation; or Wildlife Conservation (d) evidence of conviction by a competent court of law: Provided that in the case of any such refusal, cancellation, variation or suspension by a wildlife officer or a licensing officer they shall, within ten days, report the same to the Director. (3) Any person aggrieved by any refusal, cancellation, variation or suspension under this section may, within thirty days of receipt of the refusal, cancellation, variation or suspension of the licence appeal to the Minister. 67.-(1) Any person (a) who has been convicted of an offence under this Act, the National Parks Act, the Ngorongoro Conservation Area Act or any written law applicable in any other country and designed for the protection and conservation of wildlife in that country; (b) whose licence, permit, written permission or written authority granted under this Act or the repealed Act has been cancelled or suspended, shall be disqualified from holding or being granted any licence, permit, written permission or other written authority under this Act, unless and until such disqualification is revoked, in the public interest and upon application, by the Director by a certificate under his hand. (2) Any person who fails to inform the Director or any wildlife officer or licensing officer at the time of his application or request for any licence, permit, written permission or other authority under this Act of the fact that he is, by virtue of subsection (1), disqualified from holding or obtaining any licence, permit, written permission or other authority under this Act, commits an offence and on conviction shall be liable to imprisonment for a period of not less than one year but not exceeding three years. 68.-{ 1)Any licence, permit, written permission or written authority granted under this Part may be granted or varied subject to such terms and conditions as the Director or officer granting the same may, in the public interest and in writing, and such terms and conditions shall be specified on the licence, permit, written permission or written authority granted: Disquali fication from grant of licence, etc. Cap.282 Cap.284 Licences may be issued or varied subject to condi tions No. 5 Wildlife Conservation ( d) evidence of conviction by a competent court of law: Provided that in the case of any such refusal, cancellation, variation or suspension by a wildlife officer or a licensing officer they shall, within ten days, report the same to the Director. (3) Any person aggrieved by any refusal, cancellation, variation or suspension under this section may, within thirty days of receipt of the refusal, cancellation, variation or suspension of the licence appeal to the Minister. 67.-(1) Any person (a) who has been convicted of an offence under this Act, the National Parks Act, the Ngorongoro Conservation Area Aet or any written law applicable in any other country and designed for the protection and conservation of wild I ife in that country; (b) whose licence, permit, written permission or written authority granted under this Act or the repealed Act has been cWlcelled or suspended, shall be disqualified from holding or being granted any licence, permit, written permission or other written authority under this Act, unless and until such disqualification is revoked, in the public interest and upon application, by the Director by a certificate under his hand. (2) Any person who fails to infonn the Director or any wildlife officer or licensing officer at the time of his application or request for any licence, permit, written pennission or other authority under this Act of the fact that he is, by virtue of subsection ( 1 ), disqualified from holding or obtaining any licence, permit, written permission or other authority under this Act, commits an offence and on conviction shall be liable to imprisonment for a period of not less than one year but not exceeding three years. 6 8,-{ 1) Any licence, pennit, written permission or written authority granted under this Part may be granted or varied subject to such terms and conditions as the Director or officer granting the same may, in the public interest and in writing, and such tenns and conditions shall be specified on the licence, permit, written permission or written authority granted: 2009 51 Disquali fication from grant of licence, etc. Cap.282 Cap.284 Lic~nces may be issued or varied subject to condi tions Manage ment of problem animals Dangerous animals Consola tion for loss oflife, crops or injury caused by dangerous animals Wildlife Conservation Provided that the Minister may, by regulations made under this Act, prescribe terms and conditions oflicence, permit, written permission or (2) Any person who contravenes any terms or conditions of any licence, permit, written permission or written authority commits an offence and on conviction shall be liable to a fine of not less than three million shillings but not exceeding five million shillings or to imprisonment for a term of not less than three years but not exceeding five years or to both. PART VIII HUMAN- WILDLIFE CONFLICT 69.- (I) The Director may deploy authorised officers for the purpose of controlling problem animals that cause or have caused damage to property or injury or loss of human life. (2) Any park warden, park ranger or ranger may, in the public interest, kill any problem animal in any place other than in a national park or the Ngorongoro Conservation Area (3) The term "Problem animal" as used in subsection (I) shall includes a flock of pest birds. 70. The animals specified in the Fourth Schedule to this Act are hereby declared to be dangerous animals. 71.-(1) The Minister may, in the public interest and after consultation with the Minister responsible for finance, make regulations specifying the amount of money to be paid as a consolation to a person or groups of persons who have suffered loss oflife, livestock, crops or injury caused by dangerous animals: (2) Without prejudice to the provisions of subsection (I), the Minister shall make regulations prescribing the payment of consolation money to any person for injury sustained, death or destruction of his crops caused by dangerous animals, provided that in relation to destruction of crops, no payment shall be made in excess of five acres. 52 No. 5 Manage ment of problem animals Dangerous animals Consola tion for Joss oflifc, crops or injury caused by dangerous animals Wildlife Conservation 2009 Provided that the Minister may, by regulations made under this Act, prescribe terms and conditions oflicence, permit, written permission or (2) Any person who contravenes any terms or conditions of any licence, permit, written permission or written authority commits an offence and on conviction shall be liable to a fine of not less than three million shillings but not exceeding five million shillings orto imprisonment for a term of not less than three years but not exceeding five years or to both. PART VIII HUMAN-WILDLIFE CONFLICT 69 .- (I) The Director may deploy authorised officers for the purpose of controlling problem animals that cause or have caused damage to property or injury or loss of human life. (2) Any park warden, park ranger or ranger may, in the public interest, kill any problem animal in any place other than in a national park or the Ngorongoro Conservation Area (3) The term "Problem animal" as used in subsection (I) shall includes a flock of pest birds. 70. The animals specified in the Fourth Schedule to this Act are hereby declared to be dangerous animals. 71.-{1) The Minister may, in the public interest and after consultation with the Minister responsible for finance, make regulations specifying the amount of money to be paid as a consolation to a person or groups of persons who have suffered loss oflife, livestock, crops or injury caused by dangerous animals: (2) Without prejudice to the provisions of subsection ( 1 ), the Minister shaH make regulations prescribing the payment of consolation money to any person for injury sustained, death or destruction of his crops caused by dangerous animals, provided that in relation to destruction of crops, no payment shall be made in excess of five acres. Wildlife Conservation (3) A person shall not be entitled to consideration for consolation under this section if it has been proved that that person in the cause of unlawful activity under this Act lost life or was injured by dangerous animal. 72.-( 1) Where a dangerous animal, specified under Fourth Schedule, that has been wounded enters a game controlled area, a game reserve, a marine park, a marine reserve, a forest reserve, a national park, a Wildlife Management Area or the Ngorongoro Conservation Area, the person who has wounded that animal shall immediately report such entry to the nearest wildlife officer, forest officer, park warden, village game scout or conservator as the case may be and such officer shall take all necessary measures to assist such person in killing the animal. (2) Any person who wounds any dangerous animal and fails to kill it shall immediately report to the nearest officer referred to in subsection (I). (3) Every report made under subsection (2) shall specify the species, date, time and place ofthe wounding, the nature of the wound, the efforts made to kill the animal and such other information as may assist in locating the animal. (4) Where any animal is found dead and the Director is satisfied that it is an animal which was wounded and escaped from a person holding a license, permit or written authority for the hunting or capture of an animal of the same species as the animal so found, and that such person (a) after wounding the animal used every endeavour to kill it; and (b) on losing the wounded animal, made a report as required by subsection (2), he may direct that any trophy of such animal be delivered to that person. (5) Any person who fails to comply with any of the provisions of subsections (1), (2) or (3), commits an offence and on conviction shaH be liable to a fine of not less than two hundred thousand shiHings but not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding three years or to both. Wounding of dangerous animals No. S Wildlife Conservation (3) A person shall not be entitled to consideration for consolation under this section if it has been proved that that person in the cause of unlawful activity under this Act lost life or was injured by dangerous animal. 72.-( I) Where a dangerous animal, specified under Fourth Schedule, that has been wounded enters a game controlled area, a game reserve, a marine park, a marine reserve, a forest reserve, a national park, a Wildlife Management Area or the Ngorongoro Conservation Area, the person · who has wounded that animal shall immediately report such entry to the nearest wildlife officer, forest officer, park warden, village game scout or conservator as the case may be and such officer shall take all necessary measures to assist such person in killing the animal. (2) Any person who wounds any dangerous animal ru1d fails to kill it shall immediately report to the nearest officer referred to in subsection (1 ). (3) Every report made under subsection (2) shall specify the species, date, time and place of the wounding, the nature of the wound, the efforts made to kil I the animal and such other information as may assist in locating the animal. ( 4) Where any animal is found dead and the Director is satisfied that it is an animal which was wounded and escaped from a person holding a license, permit or written authority for the hunting or capture of an animal of the same species as the animal so found, and that such person (a) after wounding the animal used every endeavour to kill it; and (b) on losing the wounded animal, made a report as required by subsection (2), he may direct that any trophy of such animal be delivered to that person. (5) Any person who fails to comply with any of the provisions of subsections ( 1 ), (2) or (3), commits an offence and on conviction shall be liable to a fine of not less than two hundred thousand shillings but not exceeding five million shillings orto imprisonment for a term of not less than six months but not exceeding three years or to both. 2009 53 Wounding of dangerous wiimals Killing animal in defence of life Wildlife Conservation 73.-(1) Nothing in this Act shall make it an offence to kiII any animal in defence of human life or livestock. (2) Sub-section (2) shall not apply to the killing of an animal in defence oflife if (a) the behaviour of the animal necessitating such killing is the result of molestation or deliberate provocation by or with the knowledge of the person killing such animal; or (b) the person killing such animal or the person whose life is being defended was, when such defence became necessary, committing an act which constitutes an offence under this Act; (c) nothing in this section shall be deemed to authorize (i) the use of stakes in pitfalls, snare or of any other method which is likely to result in undue cruelty to animals or to endanger human life; (ii) the owner or occupier of any property adjoining any conservation area to hunt in such area without the previous consent in writing of the appropriate officer of such conservation area; (Hi)the killing of any national game without the written authority ofthe Director previously sought and obtained. (3) A person kiIling an animal in defence of life shall immediately (a) remove from such animal any skin, ivory, horn, tooth or any other trophy; (b) report the fact and the circumstances of such killing to the nearest officer referred to in section 71(1); (c) hand over to such officer any trophy removed from such animal, which trophy shall be the property of the Government; and (d) where required by such officer, show him the damage caused and the place of such kiIling. (4) The meat of any animal lawfully killed in defence of human life under this section may, with the written authority ofthe officer to whom such killing is reported, be disposed of and the proceeds shall be collected and accounted for by an authorised officer in the Wildlife Division, District Council, Tanzania National Parks or the Ngorongoro Conservation Area Authority, as the case may be. 54 No. 5 Killing animal in defence of life 'Wildlife Conservation 2009 73.-(1) Nothing in this Act shall make it an offence to kill any animal in defence of human life or livestock. (2) Sub-section (2) shall not apply to the killing ofan animal in defence oflife if (a) the behaviour of the animal necessitating such killing is the result of molestation or de Ii berate provocation by or with the knowledge of the person killing such animal; or (b) the person killing such animal or the person whose life is being defended was, when such defence became necessary, committing an act which constitutes an offence under this Act; ( c) nothing in this section shall be deemed to authorize ( i) the use of stakes in pitfalls, snare or of any other method which is likely to result in undue cruelty to animals or to endanger human life; (ii) the owner or occupier of any property adjoining any conservation area to hunt in such area without the previous consent in writing of the appropriate officer of such conservation area; ( iii) the killing of any national game without the written authority of the Director previously sought and obtained. (3) A person killing an animal in defence of life shall immediately (a) remove from such animal any skin, ivory, horn, tooth or any other trophy; (b) report the fact and the circumstances of such killing to the nearest officer referred to in section 71 (1 ); (c) hand over to such officer any trophy removed from such animal, which trophy shall be the property of the Government; and ( d) where required by such officer, show him the damage caused and the place of such killing. (4) The meat ofany animal lawfully killed in defence of human life under this section may, with the written authority of the officer to whom such killing is reported, be disposed of and the proceeds shall be collected and accounted for by an authorised officer in the Wildlife Division, District Council, Tanzania National Parks or the Ngorongoro Conservation Area Authority, as the case may be. Wildlife Conservation (5) A person who contravenes any of the provisions of this section or fails to comply with any lawful directive, commits an offence and on conviction shall be liable to a fine of not less than five hundred thousands shillings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. 74. A human activity, settlement or any other development that will adversely affect wildlife shall not be permitted within five hundred meters from the wildlife protected area borderline without the permission of the ,Director. 75. Where in any proceedings for an offence under this Act the court is satisfied that an animal was killed or wounded by the accused person, the court shall presume that the animal was killed or wounded in the cause of it being intentionally hunted by the accused person unless that person proves to the satisfaction of the court that the killing or wounding was an accident beyond his control and that he had taken all reasonable precautions to avoid such accident or that the killing or wounding was in such circumstances as to be justifiable and lawful under section 62. 76. Notwithstanding anything to the contrary in this Act, the Director may, in the public interest, kill or authorize the killing of any animal in any place, other than in a national park or in the Ngorongoro Conservation Area. PART IX REGISTRATION OF CERTAfN TROPHIES Restriction on human activities etc. in wildlife protected area border line Acciden tal killing or wounding in self defence Killing of animals for public interest 77. For purposes of this Part - lnterpre "trophy" means ivory, rhinoceros horns, hippopotamus tooth, animal tation turshes, animal horns and skin of any game animal; and "manufactured trophy" means any article made from any trophy or from any tooth, tusk, horn, bone, claw, hoof, hair, feather, egg or any other portion of any animal. No. S WUdlife Conservation (5) A person who contravenes any of the provisions of this section or fails to comply with any lawful directive, commits an offence and on conviction shall be liable to a fine ofnot less than five hundred thousands shi11ings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. 74. A human activity. settlement or any other development that will adversely affect wildlife shall not be permitted within five hundred meters from the wildlife protected area borderline without the permission of the pi rector. 2009 55 Restriction on human activities etc. in wildlife protected area border line 75. Where in any proceedings for an offence under this Act the court is satisfied that an animal was killed or wounded by the accused person, the court shall presume that the animal was killed or wounded in or the cause of it being intentionally hunted by the accused person unless wound ing Acciden tal killing that person proves to the satisfaction of the court that the killing or wounding was an accident beyond his control and that he had taken all reasonable precautions to avoid such accident or that the killing or wounding was in such circumstances as to be justifiable and lawful under section 62. in self defence 76. Notwithstanding anything to the contrary in this Act. the Director Killing of may, in the public interest, kill or authorize the killing ofany animal in any animals place, other than in a national park or in the Ngorongoro Conservation for publtc Area. interest PART IX REGISTRATION OF CERTArN TROPHIES 77. For purposes of this Part - lnterpre "trophy" means ivory, rhinoceros horns, hippopotamus tooth, animal tation turshcs, animal horns and skin of any game animal~ and "manufactured trophy'' means any article made from any trophy or from any tooth, tusk, horn, bone, claw, hoof, hair, feather, egg or any other portion ofany animal. Trophy to be produced to the licensing officer within thirty days Offences relating to non registration Wildlife Conservation 78.-(1) Any person who is in possession of any trophy shall, within thirty days, produce such trophy together with the license, penn it or any other written authority under which it has been obtained and any weapon with which the animal from which the trophy was obtained to the licensing officer havingjurisdiction over the area in which such animal was hunted for registration of the trophy and the issuance of a certificate of ownership. (2) A person who is in possession of any manufactured trophy shall, within thirty days, produce that trophy to a licensing officer for registration and issuance of certificate of manufactured trophy. (3) The registration of trophy or manufactured trophy under this section shall be prescribed by the Minister in the regulations. (4) Where the officer to whom a trophy or a manufactured trophy is produced is not satisfied that the trophy or the manufactured trophy was obtained lawfully by the person producing a trophy or a manufactured trophy for registration, he may retain the same pending further investigation: Provided that where there is no proceedings instituted in relation to the trophy or the manufactured trophy within two months of the date when itwas first produced for registration, the trophy or the manufactured trophy shall be duly registered and a certificate of registration issued to the owner of the trophy or manufactured trophy. 79.-( 1)A person who is in possession of any trophy or manufactured trophy and does not hold a certificate of registration in respect of the trophy or manufactured trophy, commits an offence and shall be liable on conviction to a fine of not less than twice the value of the trophy or imprisonment for a tenn not less than one year but not exceeding five years or to both: Provided that in any proceedings for an offence under this subsection the accused shall be entitled to be acquitted ifhe satisfies the court that (a) that since the commencement of the proceedings he has lawfully obtained a certificate of registration ofthe trophy or manufactured trophy; or 56 No, 5 Trophy to be produced to the licensing officer within thirty days Offences relating to non registration Wildlife Conservation 2009 78.-(l) Any person who is in possession of any trophy shall, within thirty days, produce such trophy together with the license, permit or any other written authority under which it has been obtained and any weapon with which the animal from which the trophy was obtained to the licensing officer having jurisdiction over the area in which such animal was hunted for registration of the trophy and the issuance of a certificate ofownership. (2) A person who is in possession of any manufactured trophy shall, within thirty days, produce that trophy to a licensing officer for registration and issuance of certificate of manufactured trophy. (3) The registration of trophy or manufactured trophy under this section shall be prescribed by the Minister in the regulations, ( 4) Where the officer to whom a trophy or a manufactured trophy is produced is not satisfied that the trophy or the manufactured trophy was obtained lawfully by the person producing a trophy or a manufactured trophy for registration, he may retain the same pending further investigation: Provided that where there is no proceedings instituted in relation to the trophy or the manufactured trophy within two months of the date when it was first produced for registration, the trophy or the manufactured trophy shall be duly registered and a certificate of registration issued to the owner of the trophy or manufactured trophy. 79.-( 1) A person who is in possession of any trophy or manufactured trophy and does not hold a certificate of registration in respect of the trophy or manufactured trophy, commits an offence and shall be liable on conviction to a fine of not less than twice the value of the trophy or imprisonment for a term not less than one year but not exceeding five years or to both: Provided that in any proceedings for an offence under this subsection the accused shall be entitled to be acquitted ifhe satisfies the court that (a) that since the commencement of the proceedings he has lawfully obtained a certificate of registration of the trophy or manufactured trophy; or Wildlife Conservation (b) that a period of ninety days has not expired between the date when he fIrst acquired or obtained the trophy or manufactured trophy and the date of the institution of the proceedings or the date when the trophy or manufactured trophy was seized by an authorised offIcer in the course of an investigation resulting in the proceedings, whichever date first occurred. (2) A person who transfers to any other person any trophy or manufactured trophy where a certificate of registration does not exist at the date of the transfer and any person who accepts such transfer of any trophy or manufactured trophy commits an offence and shall be liable on conviction to a fine of not less than twice the value of the trophy or to imprisonment for a term not less than one year but not exceeding five years or to both. (3) A person who transfers any trophy or manufactured trophy to any other person without handing over to the transferee the certificate of registration in respect of a transfer of a trophy or manufactured trophy and any transferee who accepts the transfer to himself of any trophy or manufactured trophy without obtaining the certificate of registration, commits an offence and shall be liable on conviction to a fine not less than twice the value of the trophy or manufactured trophy or imprisonment for a term not less than one year but not exceeding three years or to both. PART X DEALING IN TROPHIES 80.-(1) A person shall not deal in trophy or manufacture an article from a trophy for sale or carry on the business of a trophy dealer except under and in accordance with the conditions of a trophy dealer's licence. (2) The Director may, subject to any regulations made under this Act, grant to any citizen a trophy dealer's licence in the prescribed form upon an application made in the prescribed form and subject to such conditions and on payment of such fees as may be prescribed. (3) A trophy dealer's licence shall entitle the holder to capture, manufacture an article from a trophy, buying and selling trophies but shall not entitle him to hunt, kill or photograph any animal. No dealing in trophies without trophy dealer's licence No. 5 Wildlife Conservation (b) that a period of ninety days has not expired between the date when he first acquired or obtained the trophy or manufactured trophy and the date of the institution of the proceedings or the date when the trophy or manufactured trophy was seized by an authorised officer in the course of an investigation resulting in the proceedings, whichever date first occurred. (2) A person who transfers to any other person any trophy or manufactured trophy where a certificate of registration does not exist at the date of the transfer and any person who accepts such transfer of any trophy or manufactured trophy commits an offence and shall be liable on conviction to a fine of not less than twice the value of the trophy or to imprisonment for a term not less than one year but not exceeding five years or to both, (3) A person who transfers any trophy or manufactured trophy to any other person without handing over to the transferee the certificate of registration in respect of a transfer of a trophy or manufactured trophy and any transferee who accepts the transfer to himself of any trophy or manufactured trophy without obtaining the certificate of registration, commits an offence and shall be liable on conviction to a fine not less than twice the value of the trophy or manufactured trophy or imprisonment for a tenn not less than one year but not exceeding three years or to both, PARTX DEALING IN TROPHIES 80.-(1) A person shall not deal in trophy or manufacture an article from a trophy for sale or carry on the business of a trophy dealer except under and in accordance with the conditions of a trophy dealer's licence. (2) The Director may, subject to any regulations made under this Act, grant to any citizen a trophy dealer's licence in the prescribed fonn upon an application made in the prescribed fonn and subject to such conditions and on payment of such fees as may be prescribed. (3) A trophy dealer's licence shall entitle the holder to capture, manufacture an article from a trophy, buying and selling trophies but shall not entitle him to hunt, kill or photograph any animal. 2009 57 No dealing in trophies without trophy dealer's licence No transfer of trophy Export of trophy Import of trophy Wildlife Conservation (4) A trophy dealer shall not accept, buy, manufacture an article from a trophy, sell or transfer any trophy before such trophy is registered under the provisions of Part X ofthis Act. 81.-( 1) A person shall not transfer by way of a gift, sale, exchange or otherwise or buy or accept any trophy except under and in accordance with the conditions specified in the permit granted under this section. (2) The Director may, by regulations prescribe conditions for transfer of trophy specified under subsection (l). (3) The provisions of this section shall not apply to any trophy sold by a licensed trophy dealer or the Government or to any manufactured trophy in respect of which a certificate of registration issued under Part X exists. 82.-( 1)A person shall not export or re-export any trophy unless he holds a trophy export certificate or in the case of CITES listed species, a CITES permit issued by a relevant authority of the member country. (2) The Director may, subject to any regulations made under this Act and on payment of any prescribed fee, issue to any person entitled to export or re-export any trophy, a trophy export certificate or CITES permit in the prescribed form. (3) The export or re-export of any specimen shall be in accordance with the provisions ofthis Act and shall be conducted at designated exit point prescribed by the Minister in the Gazette. (4) Any live specimens shall be handled during any period of trans it, holding or shipment according to the regulations issued by the Minister. (5) The containers for transportation of live specimens shall be in accordance with International Air Transport Association (lATA) Live Animal Regulations. 83.-( I) A person shall not import any trophy except in accordance with the written authority of the Director previously sought and obtained and in accordance with the provisions of CITES. (2) Notwithstanding the provisions of subsection (1), any other non CITES trophy shall be imported as prescribed in the regulations made under this Act. 58 No. 5 No transfer of trophy Expo,; of trophy Import of trophy Wildlife Conservation '.2009 (4) A trophy dealer shall not accept, buy, manufacture an article from a trophy, sel I or transfer any trophy before such trophy is registered under the provisions of Part X of this Act. 81.-(1) A person shall not transfer by way of a gift, sale, exchange or otheflNise or buy or accept any trophy except under and in accordance with the conditions specified in the permit granted under this section. (2) The Director may, by regulations prescribe conditions for transfer of trophy specified under subsection ( 1 ). (3) The provisions of this section shall not apply to any trophy sold by a licensed trophy dealer or the Government or to any manufactured trophy in respect of which a certificate of registration issued under Part X exists. 82 .-(I) A person shall not export or re-export any trophy unless he holds a trophy export certificate or in the case of CITES listed species, a CITES pennit issued by a relevant authority of the member country. (2) The Director may, subject to any regulations made under this Act and on payment of any prescribed fee, issue to any person entitled to export or re-export any trophy, a trophy export certificate or CITES pennit in the prescribed form. (3) The export or re-export of any specimen shall be in accordance with the provisions of this Act and shall be conducted at designated exit point prescribed by the Minister in the Gazette. (4)Any live specimens shall be handled during any period of transit, holding or shipment according to the regulations issued by the Minister. (5) The containers for transportation of live specimens shall be in accordance with International Air Transport Association (IATA) Live Animal Regulations. 83.-(1) A person shall not import any trophy except in accordance with the written authority of the Director previously sought and obtained and in accordance with the provisions of CITES. (2) Notwithstanding the provisions of subsection ( l ), any other non CITES .trophy shall be imported as prescribed in the regulations made under this Act. Wildlife Conservation 84.- (1) A person who sells, buys, transfers, transports, accepts, Unlawful exports or imports any trophy in contravention of any of the provisions of dealing in this Part or CITES requirements, commits an offence and shall be liable trophies on conviction to a fine of not less than twice the value of the trophy or to imprisonment for a term of not less than two years but not exceeding five years or to both. (2) Trophy exported, re-exported or imported in contravention ofthis Part or the provisions of CITES shall be confiscated. PART XI GOVERNMENT TROPHIES 85.-(1) Subject to the provisions of subsection (2) and any regulation made under this Act, the following shall be Government trophies and shall remain to be the property of the government (a) any animal which has been killed or captured without a license, permit, written permission or written authority granted under this Act, and any part of any such animal; (b) any animal which is found dead, and any part of any such animal; (c) any animal which has been killed in defence of life or property and any part of any such animal; (d) any trophy which is in the possession of any person who is unable to satisfy the Director that he lawfully acquired the same; (e) any trophy in respect of which a breach of the provisions of this Act has been committed; (f) any trophy which the Minister may, by order in the Gazette, declare to be Government trophy; (g) specimens originating from Tanzania exported or re-exported in contravention of the provisions of this Act and CITES implementation regulations; and (h) specimens re-exported or imported in contravention of the provisions of CITES which cannot be returned to the country of origin. Govern ment trophies No. 5 Wildlife Conservation 2009 59 84.- (1) A person who sells, buys, transfers, transports, accepts, Unlawful exports or imports any trophy in contravention of any of the provisions of dealing in this Part or CITES requirements, commits an offence and shall be liable trophies on conviction to a fine of not less than twice the value of the trophy or to imprisonment for a tenn ofnot less than two years but not exceeding five years or to both. (2) Trophy exported, re-exported or imported in contravention of this Part or the provisions of CITES shall be confiscated. PART XI GOVERNMENT TROPHIES 85.-( I) Subject to the provisions of subsection (2) and any regulation made under this Act, the following shall be Government trophies and shall remain to be the property of the government (a) any animal which has been killed or captured without a license, permit, written permission or v.rritten authority granted under this Act, and any part of any such animal; (b) any animal which is found dead, and any part of any such animal; ( c) any animal which has been killed in defence oflife or property and any part of any such animal; ( d) any trophy which is in the possession of any person who is unable to satisfy the Director that he lawfully acquired the same; (e) any trophy in respect of which a breach of the provisions of this Act has been committed; (f) any trophy which the Minister may, by order in the Gazette, declare to be Government trophy; (g) specimens originating from Tanzania exported or re-exported in contravention of the provisions of this Act and CITES implementation regulations; and (h) specimens re-exported or imported in contravention of the provisions of CITES which cannot be returned to the country oforigin. Govern ment trophies Cap.282 and Cap. 284 Unlawful possesion of Govem ment trophy Wildlife Conservation (2) Any trophy found or obtained in a national park or the Ngorongoro Conservation Area or in respect of which an offence has been committed under the National Parks Act or the Ngorongoro Conservation Area Act shall be the property ofthe Government. 86.-(1) Subjectto the provisions of this Act, a person shall not be in possession of, or buy, sell or otherwise deal in any government trophy. (2) A person who contravenes any of the provisions of this section commits an offence and shall be liable on conviction (a) where the trophy which is the subject matter of the charge or any part of such trophy is part of an animal specified in Part I of the First Schedule to this Act, and the value of the trophy does not exceed one hundred thousand shillings, to imprisonment for a term of not less than five years but not exceeding fifteen years or to a fine of not less than twice the value of the trophy or to both; or (b) where the trophy which is the subject matter ofthe charge or any part of such trophy is part of an animal specified in Part I of the First Schedule to this Act, and the value of the trophy exceeds one hundred thousand shillings, to a fine of a sum not less than ten times the value of the trophy or imprisonment for a term of not less than twenty years but not exceeding thirty years or to both. (c) in any other case (i) where the value ofthe trophy which is the subject matter of the charge does not exceed one hundred thousand shillings, to a fine of not less than the amount equal to twice the value of the trophy or to imprisonment for a term of not less than three years but not exceeding ten years; (ii) where the value of the trophy which is the subject matter of the charge exceeds one million shillings, to imprisonment for a term of not less than twenty years but not exceeding thirty years and the court may, in addition thereto, impose a fine not exceeding five million shillings or ten times the value ofthe trophy, whichever is larger amount. 60 No. 5 Cap.282 and Cap. 284 Wildlife Conservation 2009 (2) Any trophy found or obtained in a national park or the Ngorongoro Conservation Area or in respect of which an offence has been committed under the National Parks Act or the Ngorongoro Conservation Area Act shall be the property of the Government. Unlawful 86.-{1) Subject to the provisions of this Act, a person shall not be in possesion possessio. n of, or buy, sell or otherwise deal in any government trophy. of Govern mcnt trophy (2) A person who contravenes any of the provisions of this section commits an offence and shall be liable on conviction (a) where the trophy which is the subject matter of the charge or any part of such trophy is part of an animal specified in Part I of the First Schedule to this Act, and the value of the trophy does not exceed one hundred thousand shillings, to imprisonment for a term of not less than five years but not exceeding fifteen years or to a fine of not less than twice the value of the trophy or to both; or (b) where the trophy which is the subject matter of the charge or any part of such trophy is part of an animal specified in Part I of the First Schedule to this Act, and the value of the trophy exceeds one hundred thousand shillings. to a fine of a sum not less than ten times the value of the trophy or imprisonment for a term of not less than twenty years but not exceeding thirty years or to both. (c) in any other case (i) where the value of the trophy which is the subject matter of the charge does not exceed one hundred thousand shillings, to a fine of not less than the amount equal to twice the value of the trophy or to imprisonment for a tcnn of not less than three years but not exceeding ten years; (ii) where the value of the trophy which is the subject matter of the charge exceeds one million shillings, to imprisonment for a term of not less than twenty years but not exceeding thirty years and the court may, in addition thereto, impose a fine not exceeding five milHon shillings or ten times the value of the trophy, whichever is larger amount. Wildlife Conservation (3) For the purpose of subsection (2) (a) in assessing the punishment to be awarded the court shall, where the accused person is charged in relation to two or more trophies, take into account the aggregate value of all the trophies in respect of which he is convicted, and in any such case the provisions of paragraph (a) or (b) of subsection (2) shall apply in relation to all such trophies if anyone of them is part of an animal specified in Part I of the First Schedule to this Act; (b) in assessing the punishment to be awarded under this section, the court shall calculate the value of any trophy or animal in accordance with the certificate of value of trophies as prescribed by Minister in the regulations; and (c) in assessing the punishment to be awarded under this section, the court shall calculate the value of any livestock on the basis of the normal price of the livestock on a sale in the open market between a buyer and a seller independent of each other. (4) In any proceedings for an offence under this section, a certificate signed by the Director or wildlife officers from the rank of wildlife officer, stating the value of any trophy involved in the proceedings shall be admissible in evidence and shall be prima facie evidence ofthe matters stated therein including the fact that the signature thereon is that of the person holding the office specified therein. 87.- (I) Any person who sees any government trophy in the possession of any person not authorised to possess a government trophy, shall immediately report such possession to the nearest wildlife officer, wildl ife warden, wildl ife ranger, park warden, park ranger or police officer and shall, where required, deliver the trophy to such officer, warden or ranger and give particulars of the person in possession. (2) Any person who contravenes subsection (1), commits an offence and on conviction shall be liable to a fine of not less than one hundred thousand shillings but not exceeding five hundred thousand shillings or for imprisonment for a term of not less than twelve months but not exceeding eighteen months or to both. Duty to report posses ion of Govern ment trophy No. 5 Wildlife Conservation (3) For the purpose of subsection (2) (a) in assessing the punishment to be awarded the court shall, where the accused person is charged in relation to two or more trophies, take into account the aggregate value of all the trophies in respect of which he is convicted, and in any such case the provisions of paragraph (a) or (b) of subsection (2) shall apply in relation to al1 such trophies if any one of them is part of an animal specified in Part I of the First Schedule to this Act; (b) in assessing the punishment to be awarded under this section, the court shal I calculate the value of any trophy or animal in accordance with the certificate of value of trophies as prescribed by Minister in the regulations; and (c) in assessing the punishment to be awarded under this section, the court shall calculate the value of any livestock on the basis of the normal price of the livestock on a sale in the open market between a buyer and a seller independent of each other. ( 4) In any proceedings for an offence under this section, a certificate signed by the Director or wildlife officers from the rank of wildlife officer, stating the value of any trophy involved in the proceedings shall be admissible in evidence and shall be prima facie evidence of the matters stated therein including the fact that the signature thereon is that of the person holding the office specified therein. 87 .- (I) Any person who sees any government trophy in the possession of any person not authorised to possess a government trophy, shall immediately report such possession to the nearest wildlife officer, wildlife warden, wildlife ranger, park warden, park ranger or police officer and shall, where required, deliver the trophy to such officer, warden or ranger and give particulars of the person in possession. (2) Any person who contravenes subsection ( l ), commits an offence and on conviction shall be Hable to a fine of not less than one hundred thousand shiHings but not exceeding five hundred thousand shillings or for imprisonment for a term of not less than twelve months but not exceeding eighteen months or to both. 2009 61 Duty to report posses ion of Govern ment trophy Disposal of Gover nment trophy Wildlife ranching, farming, breeding, zoos, orphan age centres and game sanctuar ies 88. The Director shall be responsible for the disposal of all govemmenttrophies subject to any instructions that may be given by the Minister in consultation with the Minister for the time being responsible for finance. PART XII WILDLIFE RANCHING, FARMING, BREEDING AND SANCTUARIES 89.- (1) Any holder of a right of occupancy authorised by the Director for the purposes of this section, who wishes to engage in breeding, game sanctuaries, zoos, ranching, orphanage centres or farming game animals on the land he occupies may apply to the Director in the form to be prescribed in the regulations. (2) The Director may, in consultation with the Minister (a) in conformity with any land use plan; (b) in accordance with any other written law; (c) subject to the payment of such fees as may be prescribed; and (d) on such terms and conditions as he considers necessary or desirable, authorise an application made under subsection (l ).no person other than a citizen of Tanzania ,or in the case of a company, the majority shares shall be owned by citizen of Tanzania. (3) Without prejudice to the provisions of this section, no person other than a citizen of the United Republic shall engage in wildlife ranching; in the case of a company, the majority shares shall be owned by the citizens ofthe United Republic. (4) The Director shall, by notice in the Gazette, cause such authorisation under subsection (1) to be published, such notice shall be posted at the entrances of the farms, breeding areas, sanctuaries, zoos, orphanage centres or ranches. (5) Any authorisation given by the Director under this section may be withdrawn where the person to whom that authorisation is given, is convicted of an offence under this Act, or where such person contravenes any of the terms or conditions ofthat authorisation. 62 No. S Disposal of Gover nment trophy Wildlife ranching, farming, breeding, zoos, orphan age centres and game sanctuar ies Wildlife Conservation 2009 88. The Director shall be responsible for the disposal of all government trophies subject to any instructions that may be given by the Minister in consultation with the Minister for the time being responsible for finance. PART XII WILDLIFE RANCHING, f ARMING, BREEDING AND SANCTUARIES 89.-(1) Any holder ofa right of occupancy authorised by the Director for the purposes of this section, who wishes to engage in breeding, game sanctuaries, zoos, ranching, orphanage centres or farming game animals on the land he occupies may apply to the Director in the form to be prescribed in the regulations. (2) The Director may, in consultation with the Minister (a) in conformity with any land use plan; (b) in accordance with any other written law; (c) subject to the payment of such fees as may be prescribed; and ( d) on such terms and conditions as he considers necessary or desirable, authorise an application made under subsection (1 ).no person other than a citizen of Tanzania ,or in the case of a company, the majority shares shall be owned by citizen of Tanzania, (3) Without prejudice to the provisions of this section, no person other than a citizen ofthe United Republic shall engage in wildlife ranching; in the case of a company, the majority shares shall be owned by the citizens of the United Republic. (4) The Director shall, by notice in the Gazette, cause such authorisation under subsection (I) to be published, such notice shall be posted at the entrances of the farms, breeding areas, sanctuaries, zoos, orphanage centres or ranches. (5) Any authorisation given by the Director under this section may be withdrawn where the person to whom that authorisation is given, is convicted of an offence under this Act, or where such person contravenes any of the terms or conditions of that authorisation. Wildlife Conservation 90. Any activity related to wildlife ranching, wildlife farming, zoos, game sanctuaries and captive breeding shall be conducted in accordance with the regulations made by the Minister. PART XIII TANZANIA WILDLIFE PROTECTION FUND 91.-(1) There shall continue to exist a Fund to be known as the Tanzania Wildlife Protection Fund, in its acronym known as "TWPF". (2) The objectives of the Tanzania Wildlife Protection Fund shall be to facilitate and support wildlife conservation, inside and outside protected areas particularly in (a) antipoaching operations and law enforcement; (b) operations of the Wildlife Protection Unit; (c) the conservation of wildlife; (d) the development of communities living in rural areas adjacent to wildlife protected areas; (e) conservation education, training and awareness creation in wildlife matters; (f) capacity building in wildlife management; (g) the wildlife management research; and (h) any other activity related to conservation of Wildlife. (3) The sources of the Fund shall consist of (a) such sums of money as may be appropriated by the Parliament; (b) twenty-five percentum of the proceeds of the sale of every animal, trophy, weapon, vehicle, vessel, aircraft, tent or other article which is forfeited pursuant to section 110 of this Act and sold or disposed of in any manner for money including proceeds accrued from non-consumptive use of wildlife outside national parks and the Ngorongoro Conservation Area; (c) any sum or property which may in any manner become payable into the Fund; and (d) any sum payable or donation, bequest, gift or grant made or given to the Fund by other agencies, institutions, persons or other government or international organisations. Regulation of activities in wildlife ranches, farms, zoos and sanctuaries The Tanzania Wildlife Protection Fund and its objectives No.5 Wildlife Conservation 90. Any activity related to wildlife ranching, wildlife farming, zoos, game sanctuaries and captive breeding shal1 be conducted in accordance with the regulations made by the Minister. PART XIII TANZANIA WlLDl.lFE PROTECTION FUND 1009 63 Regulation of activities in wildlife ranches, farms, zoos and sanctuaries 91.-( 1) There shall continue to exist a Fund to be known as the The . Tanzania Wildlife Protection Fund, in its acronym known as "TWPF". Tanzania Wildlife Protection (2) The objectives of the Tanzania Wildlife Protection Fund shall be Fund and to facilitate and support wildlife conservation, inside and outside protected its areas particularly in (a) antipoaching operations and law enforcement~ (b) operations of the Wildlife Protection Unit; (c) the conservation of wildlife; (d) the development ofcommunities living in rural areas adjacent to wildlife protected areas; (e) conservation education, training and awareness creation in wildlife matters; (f) capacity building in wildlife management; (g) the wildlife management research; and (h) any other activity related to conservation of Wildlife. (3) The sources of the Fund shall consist of (a) such sums of money as may be appropriated by the Parliament; (b) twenty-five percentum of the proceeds of 1he sale of every animal, trophy, weapon, vehicle, vessel, aircraft, tent or other article which is forfeited pursuant to section 110 of this Act and sold or disposed of in any manner for money including proceeds accrued from non-consumptive use of wildlife outside national parks and the Ngorongoro Conservation Area; (c) any sum or property which may in any manner become payable into the Fund; and (d) any sum payable or donation, bequest, gift or grant made or given to the Fund by other agencies, institutions, persons or other government or international organisations. objectives The Board of Trustees, fucntions and powers Wildlife Conservation (4) The Minister may make regulations in the Gazette to provide for the management, functions and use of the Fund, and shall, after consultation with the Minister responsible for finance, make regulations in the Gazette for the operations ofthe Fund. 92.- (1) There is established a Board to be known as the Board of Trustees of the Tanzania Wildlife Protection Fund which shall (a) have perpetual succession and a common seal; (b) in its corporate name capable of suing and being sued; and (c) be capable of purchasing or acquiring and managing in any manner and alienating any movable and immovable property. (2) The Board shall be capable of holding, purchasing or otherwise acquiring Treasury Bonds, alienating any movable property and with the consent of the Minister, any immovable property for the purposes of any of the duties or functions conferred on the Board by this Act. (a) the Chairman who shall be appointed by the President, and who is (i) a graduate of a recognized university; and (ii) a person ofa proven quality, integrity and experience in public service in either wildlife matters, economics, laws, management or related disciplines; (b) the Conservator of the Ngorongoro Conservation Area; (c) the Director General of the Tanzania National Parks; (d) the Director General of the Tanzania Wildlife Research Institute; (e) a senior State Attorney appointed by the Attorney General on his behalf; (t) a senior accountant representing the Ministry of Finance; (g) two members with quality, integrity, knowledge and experience in wildlife conservation appointed by the Minister; (h) the Director who shall be the Chief Executive Officer and the Secretary to the Board. 64 No. S The Board of Trustees, fucntions and powers Wildlife Conservation 2009 ( 4) The Minister may make regulations in the Gazette to provide for the management, functions and use of the Fund. and shall, after consultation with the Minister responsible for finance, make regulations in the Gazette for the operations of the Fund. 92.- ( 1) There is established a Board to be known as the Board of Trustees of the Tanzania Wildlife Protection Fund which shall (a) have perpetual succession and a common seal; (b) in its corporate name capable of suing and being sued; and (c) be capable of purchasing or acquiring and managing in any manner and a1ienating any movable and immovable property. (2) The Board shall be capable of holding, purchasing or otherwise acquiring Treasury Bonds, alienating any movable property and with the consent of the Minister, any immovable property for the purposes ofany of the duties or functions conferred on the Board by this Act (3} The Board shall consist of (a) the Chairman who shall be appointed by the President, and who is (i) a graduate of a recognized university; and (ii) a person of a proven quality. integrity and experience in public service in either wildlife matters, economics, laws. management or related disciplines; (b) the Conservator of the Ngorongoro Conservation Area; (c) the Director General of the Tanzania National Parks; (d) the Director General of the Tanzania Wildlifo Research Institute; (e) a senior State Attorney appointed by the Attorney General on his behalf; (f) a senior accountant representing the Ministry of Finance; (g) two members with quality, integrity, knowledge and experience in wildJife conservation appointed by the Minister; (h) the Director who shall be the Chief Executive Officer and the Secretary to the Board. Wildlife Conservation (4) The Director may delegate his powers to the Manager of the Fund. (5) The Board shall have power to (a) enter into contracts; (b) approve or disapprove investment plans and projects; and (c) do any other activities for the better performance of its functions under this Act. (6) The functions of the Board shall be (a) to manage and administer the Fund in accordance with this Act; and (b) subject to th isAct and to any directions given by the Minister, to do any act or thing for the promotion of the purposes and objects of the Fund. (7) The tenure of office, meetings and procedural matters of the Board shall be as set out in the Sixth Schedule to this Act. (8) The Minister shall, by order in the Gazette, provide for the regulations of the proceedings, the operations and affairs of, and other matters in relation to the Board. 93. -( I) The Fund shall keep books of accounts and maintain proper records of its operations in accordance with acceptable accounting standards. Books of accounts, records and Annual Reports(2) The Director shall, at any time, and at the end of each financial year, have the accounts of the Fund audited by the Controller and Auditor General. (3) The Director shall submit the audited report under subsection (2) and annual report providing detailed information regarding the activities of the Fund during the previous year ending on the 30th June to the Minister. (4) The Minister shall cause to be tabled to the National Assembly the statement of audited accounts and report. No, 5 Wildlife Conservation (4) The Director may delegate his powers to the Manager of the Fund. (5) The Board shall have power to (a) enter into contracts; (b) approve or disapprove investment plans and projects; and (c) do any other activities for the better performance of its functions under this Act. {6) The functions of the Board shall be (a) to manage and administer the Fund in accordance with this Act; and (b) subject to this Act and to any directions given by the Minister, to do any act or thing for the promotion of the purposes and objects of the Fund. (7) The tenure of office, meetings and procedural matters of the Board shal I be as set out in the Sixth Schedule to this Act. (8) The Minister shall, by order in the Gazette, provide for the regulations of the proceedings, the operations and affairs of, and other matters in relation to the Roard. 93.-( l) The Fund shall keep books of accounts and maintain proper records of its operations in accordance with acceptable accounting: standards. (2) The Director shall, at any time, and at the end of each financial year, have the accounts of the Fund audited by the Controller and Auditor General. (3) The Director shall submit the audited report under subsection (2) and annual report providing detailed information regarding the activities of the Fund during the previous year ending on the 30th June to the Minister. (4) The Minister shall cause to be tabled to the National Assembly the statement of audited accounts and report. 2009 65 Books of accounts, records and Annual Reports Declara tion of protected species and duty to abide to interna tional obliga tions Wildlife Conservation PART XN PROTECTED SPECIES AND INTERNATIONAL OBLIGATIONS 94.-(1) The Minister on the recommendation of the Director may, by order in the Gazette, declare any species of wildlife as protected species under this Act. (2) Any wildlife species found in, or which migrate to or through Tanzania which is protected under any International Convention or Treaty to which the Government is a party shall be accorded a status of a protected species under this Act. (3) The Minister may, in consultation with the Minister responsible for environment, livestock, agriculture and any other relevant authority, by order published in the Gazette, provide for the protection of cross border habitats, vegetation and ecosystems. (4) Where the United Republic is a party to an international or a regional agreement relating to the protection and management of wildlife and its habitats, the Minister shall, in consultation with the relevant authority (a) initiate and prepare legislative proposals for purposes of implementing the agreements; and (b) identify appropriate measures necessary for the implementation of the agreements. (5) Where the the Government is involved in negotiation of an international agreement on matters relating to protection and management of wildlife and its habitats, the Minister shall, prior to submission for ratification by the National Assembly, communicate to the Minister responsible for environment, substance ofthe agreement with a view to assessing the likely impact on the environment. (6) The Director shall keep a register of all international agreements relating to the protection and management of wildlife and its habitats to which the United Republic is a party. (7) The Minister shall ensure that the Tanzania National Parks and the Ngorongoro Conservation Area Authority and any other relevant institution contribute financially towards implementation of international 66 No. S Declara tion of protected species and duty to abide to interna tional obliga tions Wildlife Conservation 2009 PART XIV PROTECTED SPECIES AND f NTERNATI0NAL OBLIGATIONS 94 .-( 1) The Minister on the recommendation of the Director may, by order in the Gazette, declare any species of wildlife as protected species under this Act. (2) Any wildlife species found in, or which migrate to or through Tanzania which is protected under any International Convention or Treaty to which the Government is a party shall be accorded a status of a protected species under this Act, (3) The Minister may, in consultation with the Minister responsible for environment, livestock, agriculture and any other relevant authority, by order published in the Gazette, provide for the protection of cross border habitats, vegetation and ecosystems. (4) Where the United Republic is a party to an international or a regional agreement relating to the protection and management of wildlife and its habitats, the Minister shall, in consultation with the relevant authority (a) initiate and prepare legislative proposals for purposes of implementing the agreements; and (b) identify appropriate measures necessary for the implementation of the agreements. (5) Where the the Government is involved in negotiation of an international agreement on matters relating to protection and management of wildlife and its habitats, the Minister shall, prior to submission for ratification by the National Assembly, communicate to the Minister responsible for environment, substance of the agreement with a view to assessing the likely impact on the environment. (6) The Director shall keep a register of all international agreements relating to the protection and management of wildlife and its habitats to which the United Republic is a party. (7) The Minister shall ensure that the Tanzania National Parks and the Ngorongoro Conservation Area Authority and any other relevant institution contribute financially towards implementation of international Wildlife Conservation and regional agreements relating to wildlife and its habitats to which the United Republic is a party. PART XV INTERNATIONAL TRADE IN WILDLIFE SPECIES AND SPECIMENS 95.-{ 1)Any trade in violation of CITES provisions is prohibited under this Act and all specimens illegally traded shall be confiscated. (2) A person shaH not, except under and in accordance with the terms and conditions of a permit isSued by the Director in accordance with CITES provisions, export from or import into or transport through or re-export from Tanzania, any wildlife species, specimens or products. (3) The export, import, transport through and re-export of wildlife species listed in the relevant appendices to the CITES and any wildlife species and specimens or products shall be permitted only in accordance with the provisions of CITES, and before issuing any permit, the Director shall satisfy himselfthat (a) the specimens have been acquired lawfully; (b) the issuance of the permitshall not in any way be detrimental to the survival of the wild population of the species as opposed to the individual specimen; and (c) all provisions with respect to CITES and any international or regional agreement or instrument relating to the export and import of wildlife species and specimens or products and sale of manufactured trophies which the Government is a party have been complied with. (4) The Director shall be the CITES management authority however on matters relating to species other than those falling directly under CITES outside Mainland Tanzania, the Director shall liaise with the relevant CITES management authorities. (5) The Minister may appoint or designate one or more scientific authorities for the purpose of this Part so that on matters relating to species other than those falling directly under any of such scientific authority, that scientific authority shall liaise with other relevant scientific authorities. Issuance of export, re-export and import permit No.5 Wildlife Conservation and regional agreements relating to wildlife and its habitats to which the United Republic is a party. PART XV INTERNATIONAL TRADE IN WILDLIFE SPECIES AND SPECIMENS 2009 67 95.-{1) Any trade in violation of CITES provisions is prohibited under . Issuance this Act and a11 specimens illegally traded shall be confiscated. of export, (2) A person sha11 not, except under and in accordance with the terms and conditions of a permit issued by the Director in accordance with CITES provisions, export from or import into or transport through or re-export from Tanzania, any wildlife species, specimens or products. (3) The export, import, transport through and re-export of wildlife species listed in the relevant appendices to the CITES and any wildlife species and specimens or products shall be permitted only in accordance with the provisions of CITES, and before issuing any pennit, the Director shall satisfy himself that (a) the specimens have been acquired lawfully; (b) the issuance of the pennitshall not in any way be detrimental to the survival of the wild population of the species as opposed to the individual specimen; and ( c) all prov is ions with respect to CITES and any international or regional agreement or instrument relating to the export and import of wildlife species and specimens or products and sale of manufactured trophies ~hich the Government is a party have been complied with. ( 4) The Director shall be the CITES management authority however on matters relating to species other than those falling directly under CITES outside Mainland Tanzania , the Director shall liaise with the relevant CITES management authorities. (5) The Minister may appoint or designate one or more scientific authorities for the purpose of this Part so that on matters relating to species other than those falling directly under any of such scientific authority, that scientific authority shaH liaise with other relevant scientific authorities. re-export and import permit Establi shment of Training Institu tions Wildlife Conservation (6) Subject to the provisions of this Act, any other written law relating to the export and import of goods, and any regulations made by the Minister in respect of the specified animals and CITES, upon application made in the prescribed form, and on payment ofthe prescribed fee, the Director may grant permits for the export from or import into or re export from Mainland Tanzania of any trophy. (7) Any person who contravenes the provision of this section commits an offence and shall be liable on conviction be liable to a fine of not less than three times the value of the specimen involved in the commission of the offence or to a minimum offive years imprisonment or to both. (8) In this section "re-export" means export of any specimen that was previously imported. PART XVI EDUCATION, TRAINING AND RESEARCH 96.-( 1) The Minister may, by order published in the Gazette, establish training institutions or centres to run training programmes and offer courses for wildlife management other than those offered by the College of Wildlife Management or other institutions of higher learning. (2) The Minister may, by regulations in the Gazette, provide for the administration and management of training institutions and centres established under this section. (3) Subject to the directions given by the Minister, the administration and management of training institutions established under subsection (1) of this section shall be under the management of the Director. (4) The Director may, in consultation with the Minister, enhance the capacity of different cadres of wildlife personnel by providing training. Research 97.- (1) The management and co-ordination of wildlife research shall be governed by the Tanzania Wildlife Research Institute established Cap.260 under the Tanzania Wildlife Research Institute Act. 68 No, 5 Establi shment of Training Institu tions Wildlife Conservation 2009 (6) Subject to the provisions of this Act, any other written law relating to the export and import of goods, and any regulations made by the Minister in respect of the specified animals and CITES, upon application made in the prescribed form, and on payment of the prescribed fee, the Director may grant permits for the export from or import into or re export from Mainland Tanzania of any trophy. (7) Any person who contravenes the provision of this section commits an offence and shall be liable on conviction be liable to a fine ofnot less than three times the value of the specimen involved in the commission of the offence or to a minimum of five years imprisonment or to both. (8) In this section "re-export'' means export of any specimen that was previously imported. PART XVI EDUCATION, TRAINfNG AND RESEARCH 96.-( L) The Minister may, by order published in the Gaz.ette. establish training institutions or centres to run training programmes and offer courses for wildlife management other than those offered by the College ofWi Id life Management or other institutions of higher learning. (2) The Minister may, by regulations in the Gazette, provide for the administration and management of training institutions and centres established under this section. (3) Subject to the directions given by the Minister, the administration and management of training institutions established under subsection ( l) of this section shall be under the management of the Director. ( 4) The Director may, in consultation with the Minister, enhance the capacity of different cadres of wildlife personnel by providing training. Research 97.- (1) The management and co-ordination of wildlife research shall be governed by the Tanzania Wildlife Research Institute established Cap.260 under the Tanzania Wildlife Research Institute Act. Wildlife Conservation (2) The Director may, in consultation and under the co-ordination of the Tanzania Wildlife Research Institute, initiate research in wildlife issues in and out of protected areas falling under the jurisdiction of this Act. 98. The Director may initiate, implement and support public awareness creation and education programmes on wildlife issues in order to enhance awareness and build capacity in sustainable utilization and management of the wildlife resources. 99.- (1) The Tanzania National Parks and the Ngorongoro Conservation Area Authority and any other wildlife institution shall be under the general obligation to make financial contribution to the wildlife training and research institutions in Tanzania. (2) The Minister may, by regulation, prescribe modality and procedurefor determinging the amount of contribution to be made pursuant to subsection (1). PART XVII OFFENCES, PENALTIES, FOR FEITURES AND OTHER LEGAL PROCEEDINGS Education and awareness creation Financial contribu tions to wildlife training and research institutions (a) Evidentiary Provisions 100.-(1) In any proceedings for the offence of unlawful hunting, Burdem killing or capturing an animal contrary to the provisions of this Act, the of proof burden to prove that the animal was hunted, killed or captured pursuant to, and in accordance with the terms of a licence issued, permit or authority given under this Act shaH lie on the person charged. (2) Where in any proceedings for an offence under section 85 it is proved to the satisfaction of the court (a) that the Government trophy which is the subject matter of the charge was found in any building, premises or vessel, or any part of any building, premises or vessel occupied by the accused or his dependant, whether or not the accused was physically present when the trophy was found; or (b) that such Government trophy was found in any vehicle, baggage, package or parcel in possession of or owned by the accused or over which the accused had control at the time when the trophy was found, No. 5 Wildlife Conservation (2) The Director may, in consultation and under the co-ordination of the Tanzania Wildlife Research Institute, initiate research in wildlife issues in and out of protected areas falling under the jurisdiction of this Act. 98. The Director may initiate, implement and support public awareness creation and education programmes on wildlife issues in order to enhance awareness and build capacity in sustainable utilization and management of the wildlife resources. 99.- ( l) The Tanzania National Parks and the Ngorongoro Conservation Area Authority and any other wildlife institution shall be under the general obligation to make financial contribution to the wildlife training and research institutions in Tanzania. (2) The Minister may, by regulation, prescribe modality and procedurefor detenninging the amount of contribution to be made pursuant to subsection ( 1 ). PART XVII OFFENCES, PENALTIES, FOR fEJTURES AND OTHER LEGAL PROCEEDfNGS (a) Evidentiary Provisions 2009 69 Education and awareness creation Financial contribu tions to wildlife training and research institutions 100.-(l) In any proceedings for the offence of unlawful hunting, Burdem killing or capturing an animal contrary to the provisions of this Act, the of proof burden to prove that the animal was hunted, killed or captured pursuant to, and in accordance with the tenns of a licence issued, pennit or authority given under this Act shall lie on the person charged. (2) \Vhere in any proceedings for an offence under section 85 it is proved to the satisfaction of the court (a) that the Government trophy which is the subject matter of the charge was found in any building, premises or vessel, or any part of any bui I ding, premises or vessel occupied by the accused or his dependant, whether or not the accused was physically present when the trophy was found; or (b) that such Government trophy was found in any vehicle, baggage, package or parcel in possession of or owned by the accused or over which the accused had control at the time when the trophy was found, Disposal of trophies during proceed ings Where trophies belong to another person Wildlife Conservation unless the contrary is proved, the court shall presume that such trophy was in the possession of the accused. (3) In any proceedings for an offence under section 85 the burden of proof that (a) the possession of the Government trophy was lawful; (b) the sale, purchase or other transaction relating to the government trophy was lawful; (c) the accused had assumed possession of the trophy in order to comply with the requirements of sections 85 and 86; or (d) the trophy is not a Government trophy, shall lie on the person charged. 101.-(1) Subject to section 99(2), at any stage of the proceedings under this Act, the court may on its own motion or on an application made by the prosecution in that behalf order that any animal, trophy, weapon, vehicle, vessel or other article which has been tendered or put in evidence before it and which is subject to speedy decay, destruction or depreciation be placed at the disposal ofthe Director. (2) Where the article in respect of which an order under subsection (1) is made is not an animal or trophy, the court may, if it is satisfied that it would be just to do so, attach to the order a condition that the Director shall not dispose of that article until the expiration ofthree months from the date of the making of that order. (3) Notwithstanding the provisions of any written law to the contrary, on the expiration of three months from the making of an order under subsection (1) to which the condition under subsection (2) was attached, the order of the court shall be final and shall operate as a barto any claim by or on behalf of any person claiming ownership of, or any interest in the article by virtue of any title arising before the order was made. 102.-(1) In any proceedings for an offence under this Act for charge of unlawful possession of, or unlawfully having in control or custody, any trophy, any person being prosecuted may, with leave of the court, have any person to whom the trophy belong or to whose act or default he alleges that the contravention of the relevant provisions was due, brought before the court in the proceedings, and where after the contravention 70 No. S Disposal of trophies during proceed ings Where trophies belong to another person Wildlife Conservation 1009 unless the contrary is proved, the court shall presume that such trophy was in the possession of the accused. (3) In any proceedings for an offence under section 85 the burden of proofthat (a) the possession of the Government trophy was lawful; (b) the sale, purchase or other transaction relating to the government trophy was lawful; (c) the accused had assumed possession of the trophy in order to comply with the requirements of sections 85 and 86; or { d) the trophy is not a Government trophy, shall lie on the person charged. 101.-(1) Subject to section 99(2), at any stage of the proceedings under this Act, the court may on its own motion or on an application made by the prosecution in that behalf order that any animal, trophy, weapon, vehicle, vessel or other article which has been tendered or put in evidence before it and which is subject to speedy decay, destruction or depreciation be placed at the disposal of the Director. (2) Where the article in respect of which an order under subsection (I) is made is not an animal or trophy, the court may, if it is satisfied that it would be just to do so, attach to the order a condition that the Director shall not dispose of that article until the expiration of three months from the date of the making of that order. (3) Notwithstanding the provisions of any written law to the contrary, on the expiration of three months from the making of an order under subsection ( 1) to which the condition under subsection (2) was attached, the order of the court shall be final and shall operate as a bar to any claim by or on behalf of any person claiming ownership of, or any interest in the article by virtue of any title arising before the order was made. I 02.-( 1) In any proceedings for an offence under this Act for charge of unlawful possession of, or unlawfully having in control or custody, any trophy, any person being prosecuted may, with leave of the court, have any person to whom the trophy belong or to. whose act or default he alleges that the contravention of the relevant provisions was due, brought before the court in the proceedings, and where after the contravention Wildlife Conservation was due to the act or default of that other person, that other person may be convicted of the offence, and where the original accused person proves that he had used all due diligence to ensure that the relevant provisions were complied with, he shall be acquitted ofthe offence. (2) Without prejudice to subsection (1), in any such proceedings under this Act, an accused person shall not allege that the trophy belong, or that the contravention of the relevant provisions was due to some other person unless, before the end of two days from the commencement of the first hearing of the case he gives to the prosecution notice of his intention to do so. (3) Every notice given under subsection (2) shall be deemed to be void and of no effect unless it contains (a) the name and address of that other person or, where the name or address is not known to the accused person at the time he gives the notice, any information in his possession which might be of material assistance in finding that other person; (b) where the name and address is not included in that notice, the court is satisfied that the accused person, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained; (c) where the name or address is not included in that notice, but the accused person subsequently discovers the name or address or receives other information which might be of material assistance in finding the other person, he immediately gives notice of the name, address or other information, as the case may be; and (d) where the accused person is notified by or on behalf of the prosecution that other person has not been traced by the name or at the address given, he immediately gives notice of any such information which is then in his possession, or, on subsequently receiving any such information immediately gives notice of it. No.S Wildlife Conservation was due to the act or default of that other person, that other person may be convicted of the offence, and where the original accused person proves that he had used all due diligence to ensure that the relevant provisions were complied with, he shall be acquitted of the offence. (2) Without prejudice to subsection (1), in any such proceedings under this Act, an accused person shall not allege that the trophy belong, or that the contravention of the relevant provisions was due to some other person unless, before the end of two days from the commencement of the first hearing of the case he gives to the prosecution notice of his intention to do so. (3) Every notice given under subsection (2) shall be deemed to be void and of no effect unless it contains (a) the name and address of that other person or, where the name or address is not known to the accused person at the time he gives the notice, any information in his possession which might be of material assistance in finding that other person; (b) where the name and address is not included in that notice, the court is satisfied that the accused person, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained; ( c) where the name or address is not included in that notice, but the accused person subsequently discovers the name or address or receives other information which might be of material assistance in finding the other person, he immediately gives notice of the name, address or other information, as the case may be; and ( d) where the accused person is notified by or on behalf of the prosecution that other person has not been traced by the name or at the address given, he immediately gives notice of any such information which is then in his possession, or, on subsequently receiving any such information immediately gives notice of it. 2009 71 Possession of weapons etc. in certain circum stances to bean offence Duty to take care oflicences, permits, trophies, etc. Wildlife Conservation (4) For the purposes of this section, the fact that an accused person has not been admitted to bail shall not be a defence for his failure to provide to the prosecution the correct name or address of that other person or any information which may be of material assistance in finding that other person. (5) Where an accused person seeks to avail himself of subsection (1) (a) and where the person he complains against or to whom he alleges the trophy or trophies belong is not present at the time appointed for the hearing the court shall proceed with the hearing of the case against the accused person in the absence of that other person; (b) the prosecution, as well as the person to whom the accused person alleges the trophy belong or whom he charges with the offence, may cross examine him, if he gives evidence, and any witness called by him in support of the plea, may rebut his evidence. (6) Any evidence tendered by the prosecution to rebut the allegations of the accused made pursuant to subsection (1) may, subject to any direction by the court as to the time it is to be given, be given before or after evidence is given in support of the allegation. (b) General Offences 103. A person who is found in possession of any weapon or any other object in circumstances which raise a reasonable presumption that he has used or intends or is about to use the same for the purpose of the commission of an offence under this Act, shall, unless he shows lawful cause for such possession, commits an offence, and shall be liable on conviction to a fine of not less than two hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both. 104.-(1 ) Aperson having in his possession, control, custody or care of (a) any licence, permit, certificate, licence book, permit book, certificate book or other official document granted or issued under, or used for the purPoses of this Act; 72 No. 5 Possession of weapons etc, in certain circum stances to bean offence Duty to take care oflicenccs, permits, trophies. etc. Wildlife Conservation 2009 ( 4) For the purposes of this section, the fact that an accused person has not been admitted to bail shall not be a defence for his failure to provide to the prosecution the correct name or address of that other person or any information which may be of material assistance in finding that other person. (5) Where an accused person seeks to avail himselfof subsection (1 } (a) and where the person he complains against or to whom he alleges the trophy or trophies belong is not present at the time appointed for the hearing the court shall proceed with the hearing of the case against the accused person in the absence of that other person; (b) the prosecution, as well as the person to whom the accused person alleges the trophy belong or whom he charges with the offence, may cross examine him, if he gives evidence, and any witness called by him in support of the plea, may rebut his evidence. ( 6) Any evidence tendered by the prosecution to rebut the allegations of the accused made pursuant to subsection ( l) may, subject to any direction by the court as to the time it is to be given, be given before or after evidence is given in support of the allegation. (b) General Offences ]03. A person who is found in possession of any weapon or any other object in circumstances which raise a reasonable presumption that he has used or intends or is about to use the same for the purpose of the commission of an offence under this Act, shall, unless he shows lawful cause for such possession, commits an offence, and shall be liable on conviction to a fine of not less than two hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term ofnot less than one year but not exceeding three years or to both. 104.-( I) A person having in his possession, control, custody or care of (a) any licence, permit, certificate, licence book, permit book, certificate book or other official document granted or issued under, or used for the purposes of this Act; Wildlife Conservation (b) official mark, stamp or ink used for or in connection with the administration of this Act; (c) any official uniform or badge approved for use; or (d) any trophy which is required by any provision ofthis Act to be delivered to a police officer, wildlife officer, wildlife warden, wildlife ranger, village game scout or which is in his possession by virtue of his holding any public office, shall take all reasonable precautions to prevent the same from falling into the hands or custody of any person not authorised to be in possession and if such person fails to take such reasonable precautions commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings and not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both. (2) In any proceedings against any person for an offence under sub section (1) (a) the burden to prove that reasonable precautions were taken to prevent any article or thing to which that subsection applies from falling into the hands of an unauthorised person shall lie on the person charged; and (b) where any such article or thing is shown to have been lost or stolen the court shall, unless it is satisfied to the contrary, presume that it has fallen into the hands of an unauthorised person. l05.-(l)A person who (a) fraudulently forges, alters or defaces any licence, permit, permit book, written permission or authority granted or purporting to have been granted under this Act; (b) fraudulently presents any such forged licence, permit, permit book, permission or authority; or (c) obtains any licence, permit, permission or authority by fraud, misrepresentation of a material fact or by false pretence, commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than one year but not exceeding five years or to both. (2) Any licence, permit, permission or written authority, which has been forged or obtained by fraud, misrepresentation of a material fact or by false pretence shall be void ab initio. Offences relating to licences etc. No.5 Wildlife Conservation (b) official mark, stamp or ink used for or in connection with the administration of this Act; (c) any official uniform or badge approved for use; or (d) any trophy which is required by any provision of this Act to be delivered to a police officer, wildlife officer, wildlife warden, wildlife ranger, village game scout or which is in his possession by virtue of his holding any public office, shall take all reasonable precautions to prevent the same from falling into the hands or custody of any person not authorised to be in possession and if such person fails to take such reasonable precautions commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings and not exceeding five million shillings orto imprisonment for a tenn of not less than six months but not exceeding one year or to both. (2) In any proceedings against any person for an offence under sub section ( 1) (a) the burden to prove that reasonable precautions were taken to prevent any article or thing to which that subsection applies from falling into the hands of an unauthorised person shall lie on the person charged; and (b) where any such article or thing is shown to have been lost or stolen the court shall, unless it is satisfied to the contrary, presume that it has fallen into the hands of an unauthorised person. 2009 73 105.-( l) A person who - Offences (a) fraudulently forges, alters or defaces any licence, permit, relating to pennit book, written permission or authority granted or licences purporting to have been granted under this Act; etc. (b) fraudulently presents any such forged licence, permit, pennit book, permission or authority; or ( c) obtains any licence, pennit, permission or authority by fraud, misrepresentation of a material fact or by false pretence, commits an offence and shall be liable on conviction to a fine ofnot less than five million shillings or to imprisonment for a tenn ofnot less than one year but not exceeding five years or to both. (2) Any licence, permit, permission or written authority, which has been forged or obtained by fraud, misrepresentation ofa material fact or by false pretence shall be void ab initio. H7ildltfe <7onservation Power of search and arrest 106.-( 1) Without prejudice tany other law, where any authorised officer has reasonable grounds to believe that any person has committed or is about to commit an offence under this Act he may (a) require any such person to produce for his inspection any animal, game meat, trophy or weapon in his possession or any licence, permit other document issued to him or required to be kept by him under the provisions of this Act or the Arms and Ammunition Act; (b) enter and search without warrant any land, building, tent, vehicle, aircraft or vessel in the occupation or use of such person, open and search any baggage or other thing in his possession: Provided that no dwelling house shall be entered into without a warrant except in the presence of at least one independent witness; and (c) seize any animal, livestock, game meat, trophy, weapon, licence, permit or other written authority, vehicle, vessel or aircraft in the possession or control of any person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him. (2) It shall be lawful for any authorised officer at all reasonable times to enter the licensed premises of any trophy dealer and to inspect the records which are required to be kept under the provisions of this Act. (3) Any person detained or things seized under the powers conferred upon the authorised officer by this Act may be placed in custody and shall be taken as soon as possible before a court of competent jurisdiction to be dealt with according to law. (4) It shall be lawful for any authorised officer to stop and detain any person who he sees doing, or suspects of having done, any act for which a licence, permit, permission or authority is required under the provisions of this Act for the purpose of requiring such person to produce the same or to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched. 74 No. 5 Power of search and arrest Cap. 223 Wildlife Conservation 2009 (c) General Provisions 106.-(1) Without prejudice tany other law, where any authorised officer has reasonable grounds to believe that any person has committed or is about to commit an offence under this Act he may (a) require any such person to produce for his inspection any animal, game meat, trophy or weapon in his possession or any licence, permit other document issued to him or required to be kept by him under the provisions of this Act or the Arms and Ammunition Act; (b) enter and search without warrant any land, bui1ding, tent, vehicle, aircraft or vessel in the occupation or use of such person, open and search any baggage or other thing in his possession: Provided that no dwelling house shall be entered into without a warrant except in the presence of at least one independent witness; and (c) seize any animal, livestock, game meat, trophy, weapon, licence, pennit or other written authority, vehicle, vessel or aircraft in the possession or control ofany person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him. (2) It shall be lawful for any authorised officer at all reasonable times to enter the licensed premises of any trophy dealer and to inspect the records which are required to be kept under the provisions of this Act. (3) Any person detained or things seized under the powers conferred upon the authorised officer by this Act may be placed in custody and shall be taken as soon as possible before a court of competent jurisdiction to be dealt with according to law. (4) It shall be lawful for any authorised officer to stop and detain any person who he sees doing, or suspects of having done, any act for which a licence, permit, permission or authority is required under the provisions of this Act for the purpose of requiring such person to produce the same or to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched. Wildlife Conservation (5) It shall be lawful for any authorised officer to order any person stopped or arrested by him to submit in writing his name and address and the details of any licence, permit or other authority issued to him or any other article, thing or document in his possession. (6) Any person who fails to produce his licence, permit, permission or authority when required to do so, or fails to stop when ordered or signalled to do so, or fails to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched, commits an offence and may be arrested without a warrant unless he furnishes in writing his name and address and otherwise satisfies the authorised officer that he will duly answer any summons or other proceedings which may be taken against him. (7) Where an owner or a person in control ofa seized property fails to appear or absconds and abandons his property for a period of thirty days, the Director or an authorized officer shall confiscate the seized property for the Government. (8) In any proceedings for failure to stop a vehicle, vessel or an aircraft when required or signalled to do so by an authorised officer, the owner ofthe vehicle, vessel or aircraft shall, unless the contrary is proved by him, be presumed to have been the person in charge of or having control over the vehicle, vessel or aircraft at the time when the offence was alleged to have been committed. (9) A person who commits an offence under this section shall be liable, on conviction, to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding five years or to both. 107. Any person who (a) without lawful authority or excuse, proof of which lies upon him, wears any uniform or any part of any uniform or any badge or other mark issued by the Director to be worn by wildlife officers; (b) wilfully obstructs an authorised officer in the exercise of the powers conferred upon him by this Act; or Inter ference with or obstru ction of authorised officer No, S Wildlife Conservation (5) It shall be lawful for any authorised officer to order any person stopped or arrested by him to submit in writing his name and address and the details of any licence, permit or other authority issued to him or any other article, thing or document in his possession. ( 6) Any person who fails to produce his licence, permit, permission or authority when required to do so, or fails to stop when ordered or signalled to do so, or fails to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched, commits an offence and may be arrested without a warrant unless he furnishes in writing his name and address and otherwise satisfies the authorised officer that he will duly answer any summons or other proceedings which may be taken against him, (7) Where an owner or a person in contra I of a seized property fails to appear or absconds and abandons his property for a period of thirty days, the Director or an authorized officer shall confiscate the seized property for the Government. (8) In any proceedings for failure to stop a vehicle, vessel or an aircraft when required or signalled to do so by an authorised officer, the owner of the vehicle, vessel or aircraft shall, unless the contrary is proved by him, be presumed to have been the person in charge of or having control over the vehicle, vessel or aircraft at the time when the offence was alleged to have been committed. (9) A person who commits an offence under this section shall be liable, on conviction, to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding five years or to both. 107. Any person who (a) without lawful authority or excuse, proofof which lies upon him, wears any uniform or any part of any uniform or any badge or other mark issued by the Director to be worn by wildlife officers; (b) wilfully obstructs an authorised officer in the exercise of the powers conferred upon him by this Act; or 2009 75 Inter ference with or obstru ction of authorised ofticer Assault on autho rised officer Cap.16 Protec tion of officers Erection of barriers Wildlife Conservation (c) without reasonable excuse fails to give any infonnatioil or produce anything or document which he is lawfully required to give or produce under the provisions of this Act, commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings or to imprisonment for a tenn of not less than one years but not exceeding three years or to both. 108. Notwithstanding the provisions of sections 114A, 117 and 243 of the Penal Code, a person who wilfully obstructs or assaults an authorised officer in the exercise of his powers conferred by this Act, commits an offence and shall be liable on conviction to imprisonment for a tenn not exceeding fourteen years. 109. An act or thing done by an authorised officer shall not, where the act or thing was done in good faith in the exercise or purported exercise of a power conferred by this Act for the purpose of carrying out the provisions of this Act, subject the authorised officer to an action, liability, claim or demand without the consent of the Director of Public Prosecution. 11O.-{ 1) For effective carrying out of the provisions of this Act, and notwithstanding the provisions of other written law relating to the obstruction of roads or highways, an authorised officer may erect a temporary barrier across the highway, road, waterway, taxiway or any other place, on land or water used as a passage for a vehicle, vessel or an aircraft. (2) Any pedestrian or person in charge of a vehicle, vessel or an aircraft on approaching that barrier shall, on being required to do so by an authorised officer, stop or bring that vehicle, vessel or aircraft to a standstill. (3) A person required to stop or a person on board of the vehicle, vessel, or aircraft shall allow the authorised officer to carry out inspection as may be necessary to ensure that an offence under this Act has not been committed or is about to be committed. (5) A person who fails to comply with the provisions of this section, or who fails to comply with a lawful order given by an authorised officer commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings but not exceeding five million shillings or to imprisonment for a tenn of not less than one year but not exceeding three years or to both. 76 No. 5 Assault on autho rised officer Cap.16 Protec tion of officers Erection of barriers Wildlife Conservation 2009 (c) without reasonable excuse fails to give any infonnation or produce anything or document which he is lawfully required to give or produce under the provisions of this Act, commits an offence and shall be liable on conviction to a fine ofnot less than five hundred thousand shillings or to imprisonment for a tenn ofnot less than one years but not exceeding three years or to both. l 08. Notwithstanding the provisions of sections 114A, 117 and 243 of the Penal Code, a person who wilfully obstructs or assaults an authorised officer in the exercise of his powers conferred by this Act, commits an offence and shall be liable on conviction to imprisonment for a tenn not exceeding fourteen years. 109. An act or thing done by an authorised officer shall not, where the act or thing was done in good faith in the exercise or purported exercise of a power conferred by this Act for the purpose of carrying out the provisions of this Act, subject the authorised officer to an action, liability, claim or demand without the consent of the Director of Public Prosecution. l l 0.-{ l) For effective carrying out of the provisions of this Act, and notwithstanding the provisions of other written law relating to the obstruction of roads or highways, an authorised officer may erect a temporary barrier across the highway, road, waterway, taxiway or any other place, on land or water used as a passage for a vehicle, vessel or an aircraft. (2) Any pedestrian or person in charge of a vehicle, vessel or an aircraft on approaching that barrier shall, on being required to do so by an authorised officer, stop or bring that vehicle, vessel or aircraft to a standstill. (3) A person required to stop or a person on board of the vehicle, vessel, or aircraft shall al1ow the authorised officer to carry out inspection as may be necessary to ensure that an offence under this Act has not been committed or is about to be committed. (S) A person who fails to comply with the provisions of this section, or who fails to comply with a lawful order given by an authorised officer commits an offence and shall be liable on conviction to a fine of not less than five hundred thousand shillings but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both. Wildlife Conservation 111.-( I) Where a person is convicted of an offence under this Act, Forfeiture the court shall order forfeiture for the Government of (a) an animal, livestock or trophy in respect of which the offence was committed; (b) a weapon in the possession or under the control ofthe accused at the time when the offence was committed, whether or not there is any evidence to show that the weapon was actually employed by the accused in the commission of the offence; (c) an article or thing used for the storage, processing, preparation, cooking or otherwise dealing with an animal, game meat or trophy in relation to which the offence was committed; (d) a vehicle, vessel, aircraft, tent, camping equipment or other article or thing in respect of which the court is satisfied that it was used or employed in the commission ofthe offence or for the conveyance or storage of an animal, game meat or trophy in relation to which the offence was committed or for the conveyance or comfort of the accused while engaged in the commission of the offence; and (e) in case of a conviction for an offence in relation to a govenunent trophy, a vehicle, vessel or an aircraft in which the govenunent trophy was found. (2) The court shall order forfeiture in accordance with the provisions of subsection (I), notwithstanding that the vehicle, vessel, aircraft, weapon, article or thing to be forfeited was owned by a person other than the accused: Provided that where on the application of the owner of a weapon, vehicle, vessel or an aircraft the court is satisfied (a) that the owner did not know and could not by reasonable diligence have known that the weapon, vehicle, vessel or aircraft was intended by the accused to be used or employed for any of purpose which rendered liability for forfeiture; (b) that the weapon, vehicle, vessel or aircraft has not previously been used for or in connection with the commission of any offence under this Act; or (c) that having regard to all the circumstances it is just and equitable that the weapon, vehicle, vessel or aircraft not to be forfeited, No, 5 Wildlife Conservation 2009 77 t 11.-(1) Where a person is convicted of an offence under this Act, Forfeiture the court shall order forfeiture for the Government of (a) an animal, livestock or trophy in respect of which the offence was committed; (b) a weapon in the possession or under the control of the accused at the time when the offence was committed, whether or not there is any evidence to show that the weapon was actually employed by the accused in the commission of the offence; ( c) an article or thing used for the storage, processing, preparation, cooking or otherwise dealing with an animal, game meat or trophy in relation to which the offence was committed; (d) a vehicle, vessel, aircraft, tent, camping equipment or other article or thing in respect of which the court is satisfied that it was used or employed in the commission of the offence or for the conveyance or storage of an animal, game meat or trophy in relation to which the offence was committed or for the conveyance or comfort of the accused while engaged in the commission of the offence; and ( e) in case of a conviction for an offence in relation to a government trophy, a vehicle, vessel or an aircraft in which the government trophy was found. (2) The court shall order forfeiture in accordance with the provisions of subsection ( 1 ), notwithstanding that the vehicle, vessel, aircraft, weapon, article or thing to be forfeited was owned by a person other than the accused: Provided that where on the application of the owner of a weapon, vehicle, vessel or an aircraft the court is satisfied (a) that the owner did not know and could not by reasonable diligence have known that the weapon, vehicle, vessel or aircraft was intended by the accused to be used or employed for any of purpose which rendered liability for forfeiture; (b) that the weapon, vehicle, vessel or aircraft has not previously been used for or in connection with the commission of any offence under this Act; or (c) that having regard to all the circumstances it is just and equitable that the weapon, vehicle, vessel or aircraft not to be forfeited, Provi sions governing minimum senteces Wildlife Conservation the court may make no order for the forfeiture of the weapon, vehicle, vessel or aircraft. (3) An animal, livestock, trophy, weapon, vehicle, vessel, aircraft or other article forfeited for the Government under this Act shall be placed at the disposal of the Director. (4) A trophy or other article, other than a government trophy, placed at the disposal ofthe Director under this section shall be deemed to be a Government property. 112.- (1) Where, in any trial for an offence for which a minimum sentence of imprisonment or fine is prescribed, the court is satisfied that having regard to special mitigating factors a sentence of imprisonment or fine of a term or amount, as the case may be, less than the minimum term or amount prescribed should be imposed, the court may (a) where the trial is before the High Court, pass that sentence of imprisonment or fine as it deems fit; (b) where the trial is before a court other than the High Court, commit the accused for sentence by the High Court with a recommendation for leniency and stating the grounds and the High Court shall thereupon proceed to pass that sentence as it may deem fit. (2) The relevant provisions of the Criminal Procedure Act, shall apply where an accused person is committed to the High Court for sentence. (3) In the case where a person has been convicted of an offence under this Act by a court other than the High Court and sentenced to a minimum sentence ofimprisonment or fine prescribed, it shall be lawful for the High Court in the exercise of its appellate or revisional jurisdiction to pass a sentence of imprisonment or fine, as the case may be, less than the minimum term or amount prescribed where the High Court for special mitigating factors deems it fit to do so. (4) Where, in relation to an offence committed in respect of which a minimum sentence of imprisonment and, in the alternative, a sentence of a fine of a minimum amount is prescribed - (a) the court passes a sentence of imprisonment of the prescribed minimum term or more and in addition thereto, may impose a fine not exceeding one-half ofthe maximum fine prescribed in relation to that offence; or 78 No. 5 Provi sions governing minimum senteces Wildlife Conservation 2009 the court may make no order for the forfeiture of the weapon, vehicle, vessel or aircraft. (3) An animal, livestock, trophy, weapon, vehicle, vessel, aircraft or other article forfeited for the Government under this Act shall be placed at the disposal of the Director. ( 4) A trophy or other article, other than a government trophy, placed at the disposal of the Director under this section shall be deemed to be a Government property. 112.- (I) Where, in any trial for an offence for which a minimum sentence of imprisonment or fine is prescribed, the court is satisfied that having regard to special mitigating factors a sentence of imprisonment or fine of a term or amount, as the case may be, less than the minimum term or amount prescribed should be imposed, the court may (a) where the trial is before the High Court, pass that sentence of imprisonment or fine as it deems fit; (b) where the trial is before a court other than the High Court, commit the accused for sentence by the High Court with a recommendation for leniency and stating the grounds and the High Court shall thereupon proceed to pass that sentence as it may deem fit. (2) The relevant provisions of the Criminal Procedure Act, shall apply where an accused person is committed to the High Court for sentence. (3) In the case where a person has been convicted of an offence under this Act by a court other than the High Court and sentenced to a minimum sentence of imprisonment or fine prescribed, it shall be lawfu 1 for the High Court in the exercise of its appellate or revisional jurisdiction to pass a sentence of imprisonment or fine, as the case may be, less than the minimum term or amount prescribed where the High Court for special mitigating factors deems it fit to do so. ( 4) Where, in relation to an offence committed in respect of which a minimum sentence of imprisonment and, in the alternative, a sentence of a fine of a minimum amount is prescribed - (a) the court passes a sentence ofimprisonment of the prescribed minimum tenn or more and in addition thereto, may impose a fine not exeeeding one-half of the maximum tine preseribed in relation to that offence; or Wildlife Conservation (b) the court imposes a fine of the prescribed minimum amount or more, in addition thereto, may impose a sentence of imprisonment for a term not exceeding one-half of the maximum term of imprisonment prescribed in relation to that offence. 113.-(1) Where a person is tried for an offence under this Act by a Resident Magistrate's Court presided by a Resident Magistrate, the court shall, notwithstanding the provisions of any other written law, have jurisdiction to impose the maximum fine prescribed in respect of that offence. Jurisdi ction of court (2) Notwithstanding the provisions of other written law, a court established for a District or area of Mainland Tanzania may try, convict and punish or acquit a person charged with an offence committed in any other District or area of Mainland Tanzania. 114.-( 1) In any proceedings under this Act, the Court in assessing Assess the punishment to be awarded shall calculate the value of a trophy or men~of animal in accordance with the certificate of value of trophies as prescribed ~a: y by Minister in the regulations. livestock value (2) The value of a livestock shall be calculated on the basis of the normal price of the livestock on a sale in the open market between a buyer and a seller independent of each other. (3) In proceedings for an offence under this section, a certificate signed by the Director or wildlife officers ofthe rank of wildlife officer, shall be admissible in evidence and shall be prima facie evidence of the matters stated therein including the fact that the signature thereon is that of the person holding the office specified therein. (4) The Certificate under subsection (3) shall state the value ofa tropy involved in the proceedings. 115.All matters relating to prosecution of offences committed under Power to this Act shall be conducted in accordance with the provisions of the' Prosecute National Prosecution Services Act. Act No.2 of 2007 No. 5 Wildlife Conservation (b) the court imposes a fine of the prescribed minimum amount or more, in addition thereto, may impose a sentence of imprisonment for a term not exceeding one-half of the maximwn tenn of imprisonment prescribed in relation to that offence. 113 .-( 1) Where a person is tried for an offence under this Act by a Resident Magistrate's Court presided by a Resident Magistrate. the court shall, notwithstanding the provisions of any other written law, have jurisdiction to impose the maximum fine prescribed in respect of that offence. (2) Notwithstanding the provisions of other written law, a court established for a District or area of Mainland Tanunia may try, convict and punish or acquit a person charged with an offence committed in any other District or area of Mainland Tan:zania. 114.-(l) In any proceedings under this Act, the Court in assessing the punishment to be awarded shall calculate the value of a trophy or animal in accordance with the certificate of value of trophies as prescribed by Minister in the regulations. (2) The value of a livestock shall be calculated on the basis of the nonnal price of the livestock on a sale in the open market between a buyer and a seller independent of each other. (3) In proceedings for an offence under this section, a certificate signed by the Director or wildlife officers of the rank of wild I ife officer, shall be admissible in evidence and shall be prima facie evidence of the matters stated therein including the fact that the signature thereon is that of the person holding the office specified therein. (4) The Certificate under subsection (3) shall state the value of a tropy involved in the proceedings. 2009 79 Jurisdi ction of court Assess ment of trophy Md livestock value 115.All matters relating to prosecution of offences committed under Power to this Act shall be conducted in accordance with the provisions of the· Prosecute National Prosecution Services Act Act No.2 of2007 Director's power to compound certain offence Wildlife Conservation (d) Compounding of offences 116.-(1) This section shall apply to an offence committed under this Act other than the offence in respect of which a minimum sentence of a fine or imprisonment is prescribed. (2) The Director may compound an offence by requiring a person to pay a sum of money Provided that (a) the sum of money shall not be less than two hundred thousand shillings but not exceeding ten million shillings; (b) the power conferred by this section shall only be exercised where the person admits in writing that he has committed the offence and that he agrees to the offence being compounded under this section; and (c) the Director shall give a receipt to the person from whom he receives the amount of money. (3) Where the Director compounds an offence under this section, he may order the forfeiture of (a) he animal, livestock, game meat or trophy in relation to which the offence was committed; (b) a weapon, article or thing used in the commission of the offence or for the storage, processing, preparation or cooking of the animal, livestock, game meat or trophy in relation to which the offence was committed. (4) Where an offence is compounded in accordance with the provisions of subsection (2) and proceedings are brought against the offender for the same offence, it shall be a good defence for that offender ifhe proves to the satisfaction of the court that the offence which he is charged with has been compounded under subsection (2). (5) Where a person is aggrieved by an order made under subsection (2) or (3), he may, within thirty days ofthe order being made, appeal against such order to the High Court and the provisions of Part X of the Criminal Procedure Act shall apply mutatis mutandis to every appeal as if it was an appeal against a sentence passed by a District Court in the exercise of its original jurisdiction. (6) The Director shall, at an interval and in a form as the Director of Public Prosecutions may direct, submit to the Director of Public Prosecutions a return of all offences compounded under this section. Director's power to compound certain offence 80 No. s Wildlife Conservation 1009 (d) Compounding of offences 116.-(l) This section shall apply to an offence committed under this Act other than the offence in respect of which a minimum sentence of a fine or imprisonment is prescribed. (2) The Director may compound an offence by requiring a person to pay a sum of money Provided that• (a) the sum of money shall not be less than two hundred thousand shillings but not exceeding ten million shillings; (b) the power conferred by this section shall only be exercised where the person admits in writing that he has committed the offence and that he agrees to the offence being compounded under this section; and (c) the Director shall give a receipt to the person from whom he receives the amount of money. (3) Where the Director compounds an offence under this section, he may order the forfeiture of• (a) he animal. livestock, game meat or trophy in relation to which the offence was committed; (b) a weapon, article or thing used in the commission of the offence or for the storage, processing, preparation or cooking of the animal. livestock, game meat or trophy in relation to which the offence was committed. (4) Where an offence is compounded in accordance with the provisions of subsection (2) and proceedings are brought against the offender for the same offence, it shall be a good defence for that offender ifhe proves to the satisfaction of the court that the offence which he is charged with has been compounded under subsection(?) (5) Where a person is aggrieved by an order made under subsection (2) or (3 ), he may, within thirty days of the order being made, appeal against such order to the High Court and the provisions of Part X of the Criminal Procedure Act shall apply mutatis mutandis to every appeal as if it was an appeal against a sentence passed by a District Court in the exercise of its ori,Sinaljurisdiction. ( 6) The Director shall. at an interval and in a form as the Director of Public Prosecutions may direct, submit to the Director of Public Prosecutions a return of all offences compounded under this section. Wildlife Conservation PART XVIII MISCELLANEOUS PROVISIONS 117.- (1) Where in the proceedings under this Act a conviction is obtained, Rewards the court may, on the recommendation in writing by the Director, award a sum of money to any person who gave information leading to the conviction: Provided that (a) the sum of money awarded as a reward to any person or the aggregate of such sums awarded to more than one person in anyone case shall not exceed (i) ten percent of the fine or the aggregate of the fine imposed in that case; or (ii) ten percent of the value of the trophy or the trophies forfeited for the Government consequent upon such conviction; or (iii) five million shillings, whichever is the least; (b) the reward shall not be paid until after the expiry of the period within which the convicted person may appeal against the conviction; or (c) notwithstanding the provisions of paragraph (b), the reward may be paid as soon as possible in each case where an order under this Act has been made by the court placing the articles concerned at the disposal of the Director. (2) The Director may authorize the payment of rewards to persons giving information leading to recovery of trophy, arrests or convictions for offences under this Act. (3) Subject to the provisions of subsection (2), the Minister may, by regulations published in the Gazette, regulate the amount and the payment of rewards. 118.-( 1)An authorized officer and a person called upon to give information leading to the recovery of trophy, arrest or conviction of a person accused for contravention ofthe provision ofthisAct shall be indemnified against criminal or civil liability arising from information given by such authorized officer or person. (2) Without prejudice to subsection (l), an authorized officer or a person called as a witness shall, subject to other written law, not be compelled to disclose the identity of a person who is the source of information leading to recovery of trophy, arrest or conviction of an accused person. Protect ion of persons providing inform ation No. 5 Wildlife Conservation PART XVIII MlSCELLANEOUS PROVISIONS 2009 81 11 7 .- ( l) Where in the proceedings under this Act a conviction is obtained, Rewards the court may, on the recommendation in writing by the Director, award a sum of money to any person who gave information leading to the conviction: Provided that ( a) the sum of money awarded as a reward to any person or the aggregate of such sums awarded to more than one person in any one case shall not exceed ( i) ten percent of the •fine or the aggregate of the fine imposed in that case; or (ii) ten percent of the value of the trophy or the trophies forfeited for the Government consequent upon such conviction; or (iii) five million shil1ings, whichever is the least; (b) the reward shall not be paid until after the expiry of the period within which tile convicted person may appeal against the conviction; or (c) notwithstanding the provisions of paragraph (b), the reward may be paid as soon as possible in each case where an order under this Act has been made by the court placing the articles concerned at the disposal of tile Director. (2) The Director may authorize the payment of rewards to persons giving information leading to recovery of trophy, arrests or convictions for offences under this Act. (3) Subject to the provisions of subsection (2), the Minister may, by regulations published in the Gazette, regulate the amount and the payment of rewards. 118.-( 1) An authorized officer and a person called upon to give infonnation leading to the recovery of trophy, arrest or conviction of a person accused for ion contravention of the provision of this Act shall be indemnified against criminal or of civil liability arising from infonnation given by such authorized officer or person. persons Protect (2) Without prejudice to subsection (] }, an authorized officer or a person called as a witness shall, subject to other written law, not be compelled to disclose the identity of a person who is the source of information leading to recovery of trophy, arrest or conviction of an accused person. proYiding inform ation Registra tion of previous offenders Contino us registra tion of offenders Wildlife Conservation 119.-( 1) The Minister shall, after consultation with the Minister responsible for home affairs, and by order published in the Gazette, prescribe appropriate procedure for the registration of persons previously convicted of offences against the wildlife. (2) After the publication of an order under subsection (I), the Director shall cause the name of every person who has been convicted of any of the offences, to be registered under this Act together with the particulars required for registration in respect of each of those persons. 120.-(1) Where a person is convicted of an offence under this Act, consisting of (a) hunting, capturing or killing an animal without the permission of the Director in writing; (b) hunting a specified animal or scheduled animal without a licence or a permit granted under this Act; (c) being in unlawful possession of, or unlawfully having under his control, custody or care, or animal or trophy, and the person is sentenced to imprisonment for a term of two or more years, the Director shall obtain and cause to be registered in respect of that person (i) his name; (ii) his passport size photograph taken within a month prior to the conviction; (iii) his fmger prints; (iv) his address, ifany, or his place of domicile within the United Republic; (v) the type of weapon he used in the commission of the offence, if any; (vi) the nature of the offence he committed; and (vii) the fine, forfeiture or other penalty imposed on him. (2) Every person leading the prosecution of a person who is convicted of any of the offences, and sentenced to the extent specified in subsection (1) shall, as soon as practicable after that conviction, notify the Director or his representative of that conviction and of that particulars as the Minister may prescribe, after consultation with the Minister responsible for home affairs and by order in the Gazette. Regjstra• tion of previous offenders Continous registra• tion of offenders 82 No. 5 Wildlife Conservation 2009 119 .-( l) The Minister shall, after consultation with the Minister responsible for home affairs, and by order published in the Gazette, prescribe appropriate procedure for the registration of persons previously convicted of offences against the wildlife. (2) After the publication of an order under subsection ( 1 ), the Director shall cause the name of every person who has been convicted of any of the offences, to be registered under this Act together with the particulars required for registration in respect of each of those persons. 120.-(l) Where a person is convicted of an offence under this Act, consisting of (a) hunting. capturing or killing an animal without the permission of the Director in writing; (b) hunting a specified animal or scheduled animal without a I icence or a permit granted under this Act; ( c) being in unlawfu 1 possession of, or unlawful1y having under his control, custody or care, or animal or trophy, and the person is sentenced to imprisonment for a term of two or more years, the Director shall obtain and cause to be registered in respect of that person (i) his name; (ii) his passport size photograph taken within a month prior to the conviction; (iii) his fmger prints; (iv) his address, if any, or his place of domiciJewithin the United Republic; (v) the type of weapon he used in the commission of the offence, if any; (vi) the nature of the offence he committed; and (vii) the fine, forfeiture or other penalty imposed on him. (2) Every person leading the prosecution of a person who is convicted of any of the offences, and sentenced to the extent specified in subsection (1) shall, as soon as practicable after that conviction, notify the Director or his representative of that conviction and of that particulars as the Minister may prescribe, after consultation with the Minister responsible for home affairs and by order in the Gazette. (3) The Director shall cause to be kept and maintained a register in which there shall be recorded the name of every person convicted of any of the offences, and sentenced to the extent, specified in subsection (1), together with the particulars required to be registered under this section in respect of such person. (4) Notwithstanding the provisions of written law to the contrary, the Minister may propose, to the Minister responsible for home affairs, to cause a person convicted of any of the offences, and sentenced to the extent, specified in subsection (1) and who is not a citizen of the United Republic, to be declared a parohibited immigrant and to be deported immediately. 121. The Minister may make regulations prescribing or stipulating any matter relating to: (a) conservation, management and utilization of wildlife ; (b) methods of capturing animals under this Act; (c) forms of applications for licences, permits, certificates and other documents which may be granted or issued under this Act; (d) CITES Matters;' (e) fees for licences, permits, certificates and other documents which may be granted or issued under this Act; and (t) better carrying out the provisions of this Act. PART XIX REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS 122-( 1) The Wildlife Conservation Act is hereby repealed. (2) Upon the commencement of this Act, a person who is convicted of an offence under the Wildlife Conservation Act shall, notwithstanding the provisions of other written law, be liable to be deemed as having been convicted under the corresponding offence under this Act. (3) Any rule, order, regulation, direction, notice, notification or other administrative act made, given, issued or undertaken before the commencement of this Act or under any law repealed or amended in a material particular to this Act shall, if it could have been made, given, issued or undertaken under corresponding provision ofthis Act, continue in force and have the like effect as if it had been so made, given or issued, as the case may be, undertaken under this Act. Regulations and other subsidiary legislation Repeal, savings and transi tional provisions Cap. 283 No. 5 Wildlife Conservation 2009 83 (3) The Director shall cause to be kept and maintained a register in which there shall be recorded the name of every person convicted of any of the offences, and sentenced to the exlen~ specified in subsection (I), together with the particulars required to be registered under this section in respect of such person. ( 4) Notwithstanding the provisions of written law to the contrary, the Minister may propose, to the Minister responsible for home affairs, to cause a person convicted of any of the offences, and sentenced to the extent, specified in subsection (I) and who is not a citizen ofthc United Republic, lo be declared a parohibited immigrant and to be deported immediately. 121. The Minister may make regulations prescribing or stipulating any matter relating to: (a) conservation, management and utilization of wildlife; (b) methods of capturing animals under this Act; ( c) forms of applications for licences, permits, certificates and other documents which may be granted or issued under this Act; ( d) CITES Matters;' ( e) fees for licences, permits, certificates and other documents which may be granted or issued under this Act; and (t) better carrying out the provisions of this Act. PART XIX REPEAL, SAVINGS AND TRANSITIONAL PROVlSIONS 122-( I) The Wildlife Conservation Act is hereby repealed. (2) Upon the commencement of this Act, a person who is convicted of an offence under the Wildlife Conservation Act shall, notwithstanding the provisions of other written law, be liable to be deemed as having been convicted under the corresponding offence under this Act. (3) Any rule, order, regulation, direction, notice, notification or other administrative act made, given, issued or undertaken before the commencement of this Act or under any law repealed or amended in a material particular to this Act shall, if it could have been made, given, issued or undertaken under corresponding provision of this Act, continue in force and have the like effect as if it had been so made, given or issued, as the case may be, undertaken under this Act. Regulations and other subsidiary legislation Repeal. savings and transi tional provisions Cap.283 Babakoto sanje Choroa Chui ... Duma Faru ... Kipunji Mbuzi-mawe (Nguru) Mbwa-mwitu Mindi Nyati (Mbogo) Nzohe Sclater) Palahala rosaveti Pimbi Pundamilia Sengi Sheshe Simba Simbamangu Swala robati Swalatwiga Tandala Mdogo Tembo (Ndovu) Korongo nyangumi Korongo usomwekundu Kozi kipanga Kwale udzungwa Ninga Wildlife Conservation PART I ANIMALS Sanje Mangabey Oryx Leopard ... Cheetah Black Rhinoceros Highland Mangabey Klipspringer Wild Dog Abbotts Duiker Buffalo ... Rosevelt Sable Hyrax Zebra Giant Elephant Shrew Puku Lion Caracal Roberts Gazelle Gerenuk ... Lesser Kudu African Elephant BIRDS ShoebilJ (Whale headed stock) Wattled Crane Peregrin Falcon Udzungwa Forest Partridge Green Pigeon REPTILES Slender Snorted Crocodile .. . Cercocebus sanjei .. , Oryx beisa callotis (Thomas) .. . Panthera pardus (Linnaeus) Acinonyx jubatus (Schereber) Diceros bicomis (Linnaeus) Lophocebus kipunji . . . Oreotragus oreotragus (Zimmermann) Lycaon pictus (Temminck) Cephalophus spadix Syncerus caffer caffer (Sparrman) Limnotragus spekeii (P.L. Hippotragus niger roseveltii HeterohyraxlProcavia Equus burchelJii (Matschie) Rhynochocyon udzungwensis Kobus vardoni (Livingstone) Panthera leo (Linnaeus) Felis caracal (Schreber) Gazella granti robertsi Litocranius walleri (Brooke) Strepsiceros imberbis (Bylyth) Loxodonta Africana (Blumembach) .. , Redunca fulvorufula (A.fzelius) Balaeniceps rex Bugeranus carunculatus Falco peregrinus Xenoperdix udzungwensis Treron 84 No. 5 Kiswahili Name Babakoto sanje Choroa Chui ... Duma Faro ... Kipunji Mbuzi•mawe (Nguru) Mbwa•mwitu Mindi Nyati (Mbogo) Nzohe Sclater) Palahala rosaveti Pimbi Pundillllilia Sengi Sheshe Simba Simbamangu Swala robati Swalatwiga Tandala Mdogo Tembo (Ndovu) Tohe-mlima Korongo nyangumi Korongo usomwekundu Kozi kipanga Kwale udzungwa Ninga Mamba Wildlife Consen,ation 2009 FIRST SCHEDULE (Sections 18, 27, 46, and 52) English Name PAR.Tl ANIMALS Sanje Mangabey Oryx Leopard,,. Cheetah Black Rhinoceros Highland Mangabey KI ipspringer Wild Dog Abbotts Duiker Buffalo .. . Sitatunga .. . Roseve It Sable Hyrax Zebra Giant Elephant Shrew Puku Lion Carneal Roberts Gazelle Gerenuk ... Lesser Kudu African Elephant Mountain•Reedbuck Scientific Name . . . Cercocebus sanjei . . . Oryx beisa callotis (Thomas) .. . Panthera pardus (Linnaeus) Acinonyx jubatus (Schereber) Diceros bicomis (Linnaeus) Lophocebus kipunji . . . Oreotragus oreotragus (Zimmermann) Lycaon pictus (Temminck) Cephalophus spadix Syncerus caffer caffer (Spamnan) Limnotragus spekeii {P,L. Hippotragus niger roseveltii Heterohyrax/Procavia Equus burchellii (Matschie) Rhynochocyon udzungwensis Kobus vardoni (Livingstone) Panthera !co (Linnaeus) Pelis caracal (Schreber) Gazella granti robertsi Litocranius walleri (Brooke) Strepsiceros imberbis (Bylyth) Loxodonta Afiicana {Blumembach) . .. Redunca fulvorufula (Afzelius) BIRDS Shoebill (Whale headed stock) Wattled Crane Balaeniceps rex Bugeranus carunculatus Falco peregrinus Xenoperdix udzungwensis Trcron Peregrin Falcon Udzungwa Forest Partridge Green Pigeon REPTILES Slender Snorted Crocodile Crocodilus cataphractus Fisi maji Fisimaji Kiboko Kuro-singisi Mamba ... Mbuni Nyamera ... Palahala (Mbarapi) Pofu (Mbunju) Tandala Kubwa Wildlife Conservation Kihansi Spray Toad NATIONAL GAME African Clawless Otter Spotted necked Otter Hippopotamus Waterbuck-Defassa ... Nile Crocodile Ostrich ... Topi Sable Antelope Eland Greater Kudu Aonyx capensis Lutra maculicollis Hippopotamus amphibious (Linnaeus) Hippotragus aequinus (Desmarest) Kobus ellipsiprymnus (Ogilby) Kobus defasa (Reppell) Crocodylus niloticus Struthio camelus (Linnaeus) Damaliscus korrigum (Ogilby) Hippotragus niger (Harris) Taurotragus oryx (Pallas) Strepsiceros strepsiceros (pallas) No. 5 Chura wa kihansi Wanyama wa Taifa Flsi maji Fisi maji Kiboko Korongo Kuro-ndogoro Kuro-singisi Mamba .,. Mbuni Nyamern ... Palahala (Mbarapi) Pofu (Mbunju) Tandala Kubwa Wanyama wengine wotc Kiswahi/J Name Digidigi (Sunguya) ... Wildlife Conservation AMPHIBIANS Kihansi Spray Toad NATIONAL GAME National Game PART II African Clawless Otter Spotted necked Otter Hippopotamus Roan Antelope Waterbuck-Common Waterbuck-Defassa ... Nile Crocodile Ostrich ... Topi Sable Antelope Eland Greater Kudu PART III (Others) All other animals SECOND SCHEDULE (Section 3 and 54) A. BIG GAM:E English Name Dikdik 1009 85 Nectophrynoides asperginis Aonyx capcnsis Lutra maculicollis Hippopotamus amphibious (Linnaeus) Hippotragus aequinus (Desmarest) Kobus ellipsiprymnus (Ogilby) Kobus defasa (Reppell) Crocodylus niloticus Struthio carnelus (Linnaeus) Damaliscus korrigurn ( Ogl lby} Hippotragus niger (Ha.ms} Taurotragus oryx (Pallas} Strepsio:ros str"e¢ceros (Pallas) ScienJific Name Rynchotragus kirkii Dondoro ... Kongoni .. , Ndimba ... Ngiri (Mbango) Nguruwe mwitu Nguruwe mwitu kaskazi Nsya (Ngorombwe) ... Nungunungu Nyamera ... Nyati (Mbogo) Nyumbu ... Paa Pofu (Mbunju) Pongo (Mbawala) Sungura ... Swala Granti SwalaTomi Swalapala Taya (Kihea) Tohe Ndope Tohe-Kusi Bata bukini Mdogo ... Batabukini Bata bukini-bawa kijani Bata domo-kifundo ... Bata kichwa chekundu Bata kichwa cheupe BataMdogo Bata-makoa Firigogo koo-njano Firigogo tumbo jekundu Kanga Kereng'ende Kituitui tambo Kituitui ... Kololo ... Kololo tumbusi Kotwe Wildlife Conservation Raphiceros campetris Alcelaphus buselaphus Cephalophus monticola Phacochoerus aethiopicus Common Bush pig ... Potamochoerus larvatus Kilimanjaro white faced Bush pig Potamochoerus porcus Common Duiker Sylvicapra grimmia Porcupine Hystrix cristata Topi Damaliscus korrigum Buffalo . . . Syncerus caffer Wildebeest Connochaetes taurinus Suni Neotragus moschatus Eland Taurotragus oryx Bushbuck Tragelaphus scriptus Hare Lepus capensis Grants' Gazelle... Gazella grantii Thomsons' Gazelle ... Gazella thomsonii Impala Aepyceros melampus Oribi Ourebia ourebi Bohor reedbuck Redunca redunca Southern reedbuck... Redunca arundinum Steinbok ." Hartebeest Blue Duiker Warthog '" Scientific Name (Genus) Nettapus Alopochen Plectropterus Sarkidiornis Aythya Dendrocygna Anas Oxyura Pterocles Pterocles Numida Francollinus Cortunix Cortunix Guttera Acryllium Thalasornis Pigmy Goose Egyptian Goose Spurwing Goose Knob-billed Goose . Northern Pochard . White Faced Whistling Ducks Teals MaccoaDuck Yellow-Throated Sandgrouse..... Chestnut-Bellied Sandgrouse Helmeted Guinea Fowl Spur Fowl Harlequin Quail... ... Common Quail Crested Guinea Fowl Vulturine Guinea Fowl White-Backed Duck 86 No, 5 Wildlife Conservation 2009 Dondoro .. . Kongoni .. . Ndimba .. . N gi ri (Mbango) Nguruwe mwitu Nguruwe mwitu kaskazi Nsya (Ngorombwe) ... Nungunungu Nyamera ... Nyati (Mbogo) Nyumbu ... Pa.a Pofu (Mbunju) Pongo {Mbawala) Sungura ... Swala Gr anti SwalaTomi Swalapala Taya (Kihea) Tohe Ndope Tohe-Kusi Kiswahili Name Bata bukini Mdogo ... Bata bukini Bata bukini-bawa kijani Bata domo-kifundo . , . Bata kichwa chekundu Bata kichwa cheupe Bata Mdogo Bata-makoa Firigogo koo-njano Firigogo tumbo jekundu Kanga Kerc:ng'ende Kituitui tambo Kitu itui ., . Kololo ... Kololo tumbusi Kotwe Stcinbok ... Hartebeest BlueDuiker Warthog .. , Raphiceros campetris Alcelaphus buselaphus Cephalophus monticola PhBCOChoerus a~hiopicus Common Bush pig Potarnochoerus larvatus Kilimanjaro white faced Bush pig Potamochoerus porcus Common Duiker Sylvicapra grimmia Porcupine Hystrix cristata Topi Dwnaliscus korrigum Buffalo . . . Syncerus caffer Wildebeest Connochaetes taurinus Suni Neotragus moschatus Eland Taurotragus oryx Bushbuck Tragelaphus scriptus Hare Lepus capensis GrwltS' Gazelle,.. Gazella grantii Thomsons' Gazelle . . . Gazella thomsonii Impala Aepyceros melwnpus Oribi Ourebia ourebi Bohor reedbuck Redunca redunca Southern reedbuck , , . Rcdunca anmdinum B. GAME BIROS English Name Pigmy Goose Scientific Nome (Genus) Egyptian Goose Spurwing Goose Knob-billed Goose ..... , Northern Pochard .. . White Faced Whistling Ducks Teals MaccoaDuck Yellow-Throated S!lfldgrouse ..... Chestnut-Bellied Sandgrouse Helmeted Guinea Fowl Spur Fowl Harlequin Quail... ,. . Common Quail Crested Guinea Fowl Vulturine Guinea Fowl White-Backed Duck Nettapus Alopochen Plectropterus Sark.idiom is Aythya Dendrocygna Anas Oxyura Pterocles Pterocles Numida Francollinus Cortunix Cortunix Guttera Acryllium Thalasomis Wildlife Conservation Kwale Njiwa Pugi Pugi Tetere Francolins Pigeons Doves Doves Doves Francollinus Columba Oena Turtur Streptopelia TIIIRD SCHEDULE (Section 3 and 62) A. BIG GAME Kiswahili Name English Name Scientific Name Bweha dhahabu Golden Jackal Canis aureus Bweha masikio Bat-Eared Fox Otocyon megalotis Bweha miraba Striped Jackal Canis adustus Bwehashaba Silver-Backed Jackal Canis mesomelas Chatu Python Python sebae Choroa Oryx Oryx beisa Chui Leopard Panthera pardus Dikidiki (Sunguya) .. , Dikdik Rynchotragus kirkii Dondoro '" Steinbok ... Raphiceros campestris Dondoro-shapi Sharpe's Grysbok Nototragus sharpie Fisi (Kingugwa) Spotted Hyena Crocuta crocuta Fisi maji Otter AonyxlLutra Fungo Civet Cat ... Civettictis civetta Funo (Mbutuka) Red Duiker Cephalophus natalensis Kalunguyeye Hedgehog Erinaceus pruneri Kamendegere Jumping hare Pedetes capensis Kanu Genet cat ... Genetta genetta Kiboko Hippopotamus Hippopotamus Africanas Kicheche ... Zorilla Ictonyx striatus Kima Monkeys ... Cercopithecus spp. Kimburu ... Wildcat ... Felis Iybica No. 5 Wildlife Conservation 2009 87 Kwa1e Frwicolins Francollinus Njiwa Pigeons Columba Pugi Doves Oena Pugi Doves Turtur Tetere Doves Streptopelia 11-IIRD SCHEDULE (Section 3 and 62) A. BIG GAME Kiswahili Name English Name Scientific Name Bweha dhilhabu Golden Jackal Canis aureus Bweha masikio Bat-Ea.red Fo:,;; Otocyon megalotis Bwcha miraba Striped Jackal Canis adustus Bwehashaba Silver-Backed Jackal Canis mesomelas Chatu Python Python sebae Choroa Oryx Oryx beisa Chui Leopard Panthera pa.rdus Oikidiki (Sunguya) ... Dikdik Rynchotragus kirk.ii Dondoro ... Steinbok Raphiceros campe.stris Dondoro-shapi Sharpe's Grysbok Nototragus sharpie Fisi (Kingugwa) Spotted Hyena. Crocuta crocuta Fisi maji Otter Aonyx/Lutm Fungo Civet Cat ... Civettictis civetta Funo (Mbutuka) Red Ouiker Cephalophus natal en sis Kalunguyeye Hedgehog Erinaceus pruneri Karnendegere Jumping hare Pedetes capensis Kanu Genet cat... Genetta genetta Kiboko Hippopotamus Hippopotamus Africanas Kicheche ... Zorilla Jctonyx striatus Kima Monkeys ... Cercopithecus spp. Kimburu .,. Wildcat ... Felis lybica Komba Kongoni Korongo Kuro ndogoro Kuro singsing Mamba ... Mbega rnwekundu Mbega mweupe Mbuni Mbuzimawe Mondo Ndimba Ngiri Nguchiro Nguruwe Nsya Nungunungu . Nyamera . Nyani mwekundu ... Nyani njano Nyati (Mbogo) Nyegere Nyumbu kidevu cheupe Nyumbu kusi Nzohe Paa Palahala (Mbalapi) Perere Pimbi Pofu (Mbunju) Pongo (Mbawala) ... Pundamilia ... Sheshe Simba Simbamangu Sungura Swala granti Swala tomi ... Swalatwiga Swalapala ... Tandala Kubwa Tandala Mdogo Wildlife Conservation Bush baby Cokes Hartebeest ..... Roan Antelope '" Common Waterbuck Defassa Waterbuck '" Nile Crocodile ... Red Colobus Monkey Black and White Colobus abyssinicus ... Ostrich Klipspringer Serval Cat Blue Duiker Warthog Mongoose Bush pig Common Duiker Porcupine Topi ... Olive Baboon Yellow Baboon Buffalo Honey Badger White bearded Wildebeest Nyasa Wildebeest Sitatunga Suni ... Sable Antelope ... Tree Hyrax Rock Hyrax Eland ... Bushbuck Zebra Puku . Lion . Caracal African Hare Grants' Gazelle Thomson's Gazelle ... Gerenuk Impala ... Greater Kudu Lesser Kudu Galago senegalensis Alcelaphus buselaphus cokii Alcelaphus buselaphus Iichtensteinii Hipotragus aequinus Kobus ellipsiprymus Kobus defassa Crocodylus niloticus Colobus badius Colobus Monkey Struthio camelus Oreotragus oreotragus Felis serval Cephalophus monticola Phacochoerus aesthipicus Viverridae Potamochoerus porcus Sylvicapra grimmia Hystrix cristata DamaIiscus korrigum Papio anubis Papio cynocephalus Syncerus caffer Mellivora capensis Connochaetes taurinus albojubatus Connochaetes taurinus taurinus Tragelaphus spekei Neotragus moschatus Hippotragus niger Dendrohyrax boreus/validus Heterohyrax syriacas (Brauer) Taurotragus oryx Tragelaphus scriptus Equus burchelli Adenota vardoni Panthera lea Felis caracal Lepus capensis Gazella grantii Gazella thomsonii Litocraneus walleri Aepyceros melampus Strepsiceros strepsiceros Strepsiceros imberbis 88 No. S Wildlife Consen,ation 2009 Komba Kongoni Konzi Bush baby Cokes Hartebeest ..... Lichtenstein's Hartebeest Roan Antelope ... Common Waterbuck Defassa Waterbuck Korongo Kuro ndogoro Kumsingsing Mamba ... ... Nile Crocodile ... Mbega mwekundu Mbega mweupe Mbuni Mbuzimawe Mondo Ndimba Ngiri Nguchiro .,. Nguruwe Nsya Nungunungu .. . Nyamera .. . Nyani mwekundu ... Nyani njano Nyati (Mbogo) Nyegere Nyumbu kidevu cheupe Nyumbu kusi Nzohe Paa Palahala (Mbalapi) Perere Pimbi Pofu (Mbunju) Pongo (Mbawala) ... Puhdamilia ... Sheshc Simba Simbamangu Sungura Swalagranti Swa!atomi ... Swalatwiga Swalapala ... Tandala Kubwa Tandala Mdogo Red Colobus Monkey Black and White Colobus abyssinicus ... Ostrich K Ii pspringer Serval Cat Blue Duiker Warthog Mongoose Bush pig Common Duiker Porcupine Topi ... Olive Baboon Yellow Baboon Buffalo Honey Badger White bearded Wildebeest Nyasa Wildebeest Sitatunga Suni ... Sable Antelope ... Tree Hyrfl.X Rock Hyrax Eland,,, Bushbuck Zebra Puku ... Lion ... Caracal African Hare Grants' Gazelle Thomson's Gazelle ... Gerenuk Impala ... Greater Kudu Lesser Kudu Galago senegalensis Alcelaphus buselaphus cokii Alcelaphus buselaphus lichtensteinii Hipotragus aequinus Kobus ellipsiprymus Kobus defassa Crocodylus niloticus Colobus badius Colobus Monkey Struthio camel us Oreotragus oreotragus Felis serval Cephalophus monticola Phacochoerus aesthipicus Viverridae Potamochoerus porcus Sylvicapra grimmia Hystrix cristata Damaliscus korrigum Papio anubis Papio cynocephalus Syncerus caffer Mellivora capensis Connochaetes taurinus albojubatus Connochaetes taurinus taurinus Tragelaphus spekei Neotragus moschatus Hippotragus niger Dendrohyrax boreus/validus Heterohyrax syriacas (Brauer) Taurotragus oryx Tragelaphus scriptus Equus burchelli Adcnol.R vardoni Panthera leo Felis caracal Lepus capensis Gazella grantii Gazella thomsonii Litocraneus walleri Aepyceros melampus S trepsiceros strepsiceros Strepsiceros imberbis Wildlife Conservation Taya (Kihea) Tembo (Ndovu) Tohe-kusi ... Tohe-milima Tohe-ndope Tumbili Oribi ... African Elephant Southern Reedbuck ... Mountain Reedbuck Bohor Reedbuck ... Vervet Monkey Bata bukini Mdogo... Pigmy Goose Bata bukini .. . Egyptian Goose Bata bukini-bawa kijani Spurwing Goose Bata domo-kifundo... Knob-billed Goose Bata kichwa chekundu Northern Pochard Bata kichwa cheupe White Faced Whistling Ducks Bata mdogo Teals ... Bata-makoa Maccoa Duck Firigogo koo-njano Yellow-Throated Sandgrouse Firigogo tumbo jekundu Chestnut-bellied Sandgrouse Kanga Helmeted Guinea Fowl Keren'gende pur Fowl Kituitui tambo Harlequin Quail... ... Kituitui Common Quail Kololo ... ... Crested Guinea Fowl Kololo tumbusi Vulturine Guinea Fowl Kotwe White-Backed Duck ... Kwale Francolins Ninga Green Pigeon Njiwa Pigeons Pugi Doves . Pugi Doves . Tetere Doves . Ourebia ourebi Loxodonta fricana Redunca arundinum Redunca fulvorufula Redunca redunca Cercopithecus aethiops Nettapus Alopochen Plectropterus Sarkidiornis Aythya Dendrocygna Anas Oxyura Pterocles Pterocles Numida Francollinus Cortunix Cortunix Guttera Acryllium Thalasornis Francollinus Treron Columba Oena Turtur Streptopelia No.5 Wildlife Conservation Tayo (Kihea) Tembo (Ndovu) Tohe-kusi ... Tohe-milima Tohe-ndope Turnbill Oribi .. , African ElephW1t Southern Reedbuck ... Mountain Reedbuck Bohor Reedbuck ... Vervet Monkey Ourebia oun:bi Loxodonta fricana Redum,::a arondinum Redunca fulvorufula Redunca redunca Cercopithecus aethiops 8. GAME BIRDS Kiswahili Name English Name Scientific Name Bata bukini Mdogo,.. Pigmy Goose Bata bukini .. , Egyptian Goose Bata bukini-bawa kijani Spurwing Goose Bata domo-kifundo... Knob-billed Goose Bata kichwa chekundu Northern Pochard Bata kichwa cheupe White Faced Whistling Ducks Nettapus Alopochen Plectropterus Sarkidiomis Aythya Dendrocygna Anas Bata mdogo Teals , .. Bllta-makoa Maccoa Duck firigogo koo--njano Yellow-Throated Sandgrouse Firigogo tumbo jekundu Chestnut-bellied Sandgrouse Kanga Helmeted Guinea Fowl Keren'gende pur Fowl Kituitui tambo Harlequin Quail... . .. Kituitui Common Qua.ii Kofolo . . . . . . Crested Guinea Fowl Kololo tumbusi Kotwe Kwale Ninga Njiwa Pugi Pugi Tetere Vulturine Guinea Fowl White-Backed Duck ... FrW1colins Green Pigeon Pigeons Doves ... Doves .. . Doves .. . Oxyura l'terocles J'terocles Numida Francollinus Cortunix Cortunix Guttera Acryllium Thalasomis francollinus Trercm Colwnba Oena ·Turtur Streptopelia FOURTIJ SCHEDULE (Section 69 and 71) DANGEROUS ANIMALS KiswahUi Name English Name Scientific Name 2009 89 Tenure of the Chairman Tenure of Members Procedures of the Committee Wildlife Conservation Faro Fisi Kiboko Mamba Nyati (Mbogo) Simba Tembo (Ndovu) Black Rhinoceros Spotted Hyena Hippopotamus Nile Crocodile Buffalo Lion African Elephant Diceros bicornis (Linnaeus) Crocuta crocuta Hippopotamus amphibious (Linnaeus) Crocodylus niloticus Synceruscaffer(Sparrman) Panthera leo (Linnaeus (B) LoxodontaAfricana (Blumembach) MEETINGS AND PROCEDURAL MATTERS OF THE HUNTING BLOCK ALLOCATION ADVISORY COMMITTEE (2) The members of the Hunting Block Allocation Advisory Committee shall elect from amongst their number a Vice-Chairman who shall hold office for three years. 2. A Member of the Committee shall hold office for three years and unless his membership is terminated due to misconduct or non-attendance without reasonable excuse at three successive meet ings of the Committee shall be eligible to be re-appointed for one further term. 3. The Director shall appoint officers from the Division to assist him in ther performance of the Secretariat. (2) An ordinary meeting of the Committee shall be convened by the Chairman by a notice specifying the place, date, time and agenda for the meeting submitted to each member at his usual place of business or residence not less than fourteen days before the date of the meeting. (3) The Chairman or in his absence, the Vice-Chairman shall be bound to convene a special meeting of the Committee upon receipt of a request in writing from the Minister and where the special meeting is convened, the agenda for that a meeting shall be submitted to each member at his usual place of business or residence not less than seven days before the date of the meeting. Tenure of the Chairman 90 No. S Faro Fisi Kiboko Mamba Nyati (Mbogo) Simba Tembo {Ndovu) Wildlife Conservation Black Rhinoceros Spotted Hyena Hippopotamus Nile Crocodile Buffalo Lion African Elephant Diceros bicomis (Linnaeus) Crocuta crocuta Hippopotamus amphibious (Linnaeus) Crocodylus niloticus Syncerus caffer (Sparrman) Panthera leo (Linnaeus (B) LoxodontaAfricana (Blumembach) FIFTH SCHEDULE (Made under Section 37(9)) MEETINGS AND PROCEDURAL MATTERS OF TI-IE HUNTING BLOCK ALLOCATION ADVISORY COMMITTEE 1.-( I) The Chairman shall hold office for a tenn of three years. 2009 (2) The members of the Hunting Block Allocation Advisory Committee shall elect from amongst their number a Vice-Chainnan who shall hold office for three years. (3) In this Schedule "Committee" means the Hunting Block Allocation Advisory Committee. Tenure of 2. A Member of the Committee shall hold office for three years and unless his membership is Members tenninated due to misconduct or non-attendance without reasonable excuse at three successive meet ings of the Committee shall be eligible to be re-appointed for one further term. Secretariat 3. The Director shall appoint officlml from the Division to assist him in ther performance of the Secretariat. Procedures 4.-( 1) There shall be not less than two ordinary meetings of the Committee in each year. of the Committee (2) An ordinary meeting of the Committee shall be convened by the Chairman by a notice specifying the place, date, time and agenda for the meeting submitted to each member at his usual place of business or residence not less than fourteen days before the date of the meeting. (3} The Chairman or in his absence, the Vice-Chainnan shall be bound to convene a special meeting of the Committee upon receipt of a request in -writing from the Minister and where the special meeting is convened, the agenda for that a meeting shall be submitted to each member at his usual place of business or residence not less than seven days before the date of the meeting. (4) The quorum at any meeting of the Committee shall b~ halfofthe members. Wildlife Conservation (5) The Committee may establish Sub-committees as it sees fit to for the discharge of its functions under this Act. (6) The Committee and Sub-committees established shall have the power to co-opt a person on to the Committee or Sub-committee either generally or for a specific item of business and that co-opted person shall have all the rights and duties of a member ofthe Committee or Sub-committee, except that such co-opted person shall not have any right to vote on any matter before the Committee or Sub committee. (7) A member who has direct or indirect interest in a matter coming before the Committee or Sub committee shall disclose the nature of that interest to the Chairman or Vice-Chairman and thereafter shall not take part in a discussion or decision on that matter. 5.-( I) The Committee shall at the end of the tenure of office, prepare and submit a report to the Report Minister. (2) The report shall consit of (a) a statement on number of matters that have been referred to it for advice; and (b) other matter that the Committee may deem appropriate to submit to the next Commit tee. TENURE OF OFFICE, MEETINGS AND PROCEDURAL MATTERS OF THE BOARD OF TRUSTEES OF TANZANIA WILDLIFE PROTECTION FUND 1. The tenure of members ofthe Board shall be three years and shall be eligible for re-appointment Tenure for one further term. of Chairman 3. Officers responsible for administration of the Fund shall attend the meetings of the Trustees Adminis when matters connected with the management of the Fund are discussed. trative Secretary No,! Wildlife Conservation 2009 91 (5) The Committee may establish Sub-committees as it sees fit to for the discharge of its functions under this Act. (6) The Committee and Sub-committees established shall have lhe power to co-opt a person on to the Committee or Sub-committee either generally or for a specific item of business and that co-opted person shall have all the rights and duties of a member of the Committee or Suh-committee, except that such co-opted person shall not have any right to vote on any matter before the Committee or Sub committee. (7) A member who has direct or indirect interest in a matter coming before the Committee or Sub committee shall disclose the nature of that interest to the Chairman or Vice-Chainnan and thereafter shall not lah part in a discussion or decision on that matter. (8) Subject to the provisions oflhis Schedule, the Committee shall regulate its own proceedings. 5.-( I) The Committee shall at the end of the tenure of office, prepare and submit a report to the Report Minister. (2) The report shall consit of (a) a statement on number of matters that have been referred to it for advice; and (b) other matter that the Committee may deem appropriate to submit to the next Commit tee. SIXTH SCHEDULE (Made under Section 91 (7)) TENURE OF OFFICE, MEETINGS AND PROCEDURAL MATTERS OF THE BOARD OF TRUSTEES OF TANZANIA WILDLIFE PROTECTION FUND I. The tenure of members of the Board shall be three years and shall be eligible for re-appointment Tenure for one further tenn. of 2. The Board of Trustees shall elect from among.st their number a Vice-Chainnan. Chairman The Vice Chairman J. Officers responsible for administration of the Fund shall attend the meetings of the Trustees Adminis when matters connected with the management of the Fund are discussed. trs.tive Secretary 4. The quorum at II meeting of the Board ofTrustees shall be half of the members. Quorum Proce dure of the meeting Annual report Wildlife Conservation 5.- (1) An ordinary meeting of the Board of Trustees shall be convened by the Chairman and the notice specifying the place, date, time, and agenda for the meeting together with the papers from the meeting shall be submitted to each Trustee at his usual place of business or residence not less than fourteen days before the date ofthe meeting. (2) The Chairman or in his absence the Vice-Chairman shall be bound to convene a special meeting ofthe Board of Trustees upon receipt of a request in writing in that behalf signed by not less than three Trustees. (3) A Trustee who has direct or indirect interest in a matter coming before the Board of Trustees shall disclose the nature of that interest to the Chairman or the Vice-Chairman and thereafter he shall not, take part in the deliberation or decision on that matter. (4) Subject to the provisions of this Schedule, the Board of Trustees shall regulate their proceed ings. Dr. Thomas D. Kashililah Clerk of the National Assembly Proce dure of the meeting Annual report 92 No. 5 Wildlife Conservation 2009 5.-(1) An ordinary meeting of the Board of Trustees shall be convened by the Chairman and the notice specifying the place, date, time, and agenda for the meeting together with the papers from the meeting shall be submit1ed to each Trustee at his usual place of business or residence not less lhBrt fourteen days before the date of the meeting. (2) The Chairman or in his absence the Vice-Chairman shall be bound to convene a special meeting of the Board of Trustees upon receipt of a request in writing in that behalf signed by not less than three Trustees. (3) A Trustee who has direct or indirect interest in a maner coming before the Board of Trustees shall disclose the nature of that interest to the Chainnsn or the Vice-Chairman and thereafter he shall not, take part in the deliberation or decision on that matter. (4) Subject to the provisions of this Schedule, the Board ofTru~ees shall regulate their proceed ings. 6. The Board ofTrustees shall prepare an annual report and submit that report to the Minister. Passed in the National Assembly on the 3rd February, 2009. Dr. Thomas D. Kashililah Clerk of the National Assembly