THE WILDLIFE CONSERVATION ACT ARRANGEMENT OF …wildlife-baldus.com/download/Wildlife Conservation Act Tanzania.pdf · Laws of Tanzania Wildlife Conservation Act THE WILDLIFE CONSERVATION

Laws of Tanzania Wildlife Conservation Act

THE WILDLIFE CONSERVATION ACT

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ARRANGEMENT OF SECTIONS

PART IPRELIMINARY

Section Title1. Short Title and Commencement 2. Interpretation

PART IIOFFICERS

3. Director of Game4. Game Officers4A. Minister to establish the Wildlife Protection Unit4B. Functions of the Unit4C. Administration of the Unit

PART IIIPROTECTED AREAS AND GENERAL RESTRICTIONS

(a) Game Reserves and Game Controlled Areas

5. Establishment of Game Reserves6. Establishment of Game Controlled Areas7. Restriction on entry into and residence in game reserves8. Restriction on carriage of weapons in game reserves9. Protection of vegetation in game reserves10. Hunting in game reserve or game controlled area11. Other restrictions applying to game reserves or game controlled areas 12. Restrictions on grazing of livestock in game reserve

(b) Partial Game Reserves

13. Establishment of partial game reserve14. Restrictions relating to partial game reserve

(c) Declaration of National Game

15. Declaration of national game16. Restrictions relating to national game

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(d) Close Season

17. Declaration of close season18. Restrictions relating to close season

(e) Miscellaneous Provisions

19. President may lift restrictions20. Where any area is a national park etc.

PART IVHUNTING, CAPTURING AND PHOTOGRAPHING OF ANIMALS

(a) Hunting of Animals

21. Interpretation22. President may restrict grant of licences and permits23. No hunting without licence24. Amendment of Second and Third Schedules25. General provisions relating to game licences26. Authorized associations and designated organisations27. Issue of game licences for specified animals to authorized association28. Issue of game licences for Scheduled animals to designated organizations29. Minister may regulate issue of game licences30. Provisions relating to validity of game licences31. Unlawful hunting of specified or scheduled animal

(b) Capture of Animals

32. No animal to be captured without permit33. Methods of capture34. General provisions relating to capture permits35. Unlawful capture of animal

(c) Commercial game photography

36. Commercial game photography37. Provisions relating to commercial game photography permit

(d) Miscellaneous provisions relating to hunting

38. Hunting of unscheduled animals without permit39. Killing of young animals to be an offence40. Hunting or capture on private land41. President’s licence42. Security for compliance with this Act43. Licences etc, not transferable44. Recording of game and surrender of licence

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45. Extension of licences by Director46. Refund of fees47. Animal killed by accident or in error48. Dangerous animals49. Wounding of animals50. Killing animal in defence of life or property allowed51. Defence of accidental killing or wounding or of killing or wounding in

self defence52. Destruction of animals53. Director may regulate type of weapons54. Unlawful methods of hunting

(e) Provisions Relating to Licences etc.

55. Refusal, cancellation and suspension of licences etc.56. Disqualification from grant of licence etc.57. Licences etc, may be issued subject to conditions

PART VREGISTRATION OF CERTAIN TROPHIES

58. Interpretation59. Trophy to be produced to licensing officer of the district within a month60. Offences relating to non-registration

PART VIDEALING IN TROPHIES

61. No dealing in trophies without trophy dealer’s licence62. No transfer of trophy without a transfer permit63. Export of trophy64. Import of trophy65. Unlawful dealings etc. in trophies

PART VIIGOVERNMENT TROPHIES

66. Government trophies67. Possession of Government trophy unlawful68. Duty to report possession of Government trophy69. Disposal of Government trophy69A. Establishment of Wildlife Protection Fund69B. Establishment of Board of Trustees

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PART VIIIMISCELLANEOUS PROVISIONS RELATING TO OFFENCE

(a) Evidentiary Provisions70. Burden of proof70A. Disposal of Trophies, etc. during proceedings70B. Where trophies belong to another person

(b) Miscellaneous Offences71. Possession of certain weapons in certain circumstances to be an offence72. Duty to take care of licences, permit, trophies etc.73. Offences relating to licences etc.

(c) General Provisions74. Power of search and arrest75. Obstruction of authorized officer75A. Assault on an authorized officer76. Protection of officers77. Erection of barriers78. Forfeiture79. Provisions governing minimum sentences80. Jurisdiction of court81. Power to prosecute

(d) Compounding82. Director may compound certain offence

PART IXMISCELLANEOUS PROVISIONS

83. Rewards83A. Registration of part offenders83B. Continuous Registrations of offender under this Act84. Regulations and other subsidiary legislation85. Repeal and transitional provisions86. Minister may make further transitional provisions

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FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

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THE WILDLIFE CONSERVATION ACT

Act No. 12 of 1974_________

An Act to repeal and replace the Fauna ConservationOrdinance, to make provision for the protection, conservation,development, regulations and control of Fauna and Fauna productsand for matters incidental thereto and connected therewith.

[1ST DECEMBER, 1974]

G.N. No. 265 of1974

PART IPRELIMINARY

1. This Act may be cited as the Wildlife Conservation Act, 1974 andshall come into operation on such date as the Minister may byNotice in Gazette appoint.

Short Title andCommencement

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2. (1) In this Act, unless the context otherwise requires-

“the Act” means the Wildlife Conservation Act;

“aerodrome” means any area of land or water designed, equipped, setapart or commonly used for affording facilities for the landingand departure of aircraft;

“animal” means any kind of vertebrate animal and the young and eggthereof, other than domestic animals;

“authorized officer” means the Director, A Game Management Officer, aGame Warden,, a Game Assistant, a Field Assistant or a PoliceOfficer and includes:-

(a) an employee of the Forest Division of or above the rankof Field Assistant;

(b) an employee of the national parks of or above the rank ofPark Guide;

(c) an employee of the Fisheries Division of or above therank of Field Assistant;

(d) any public officer or other person appointed as such by awriting signed by the Director;

“authorized organization” shall have the meaning assigned thereto bysection 26;

“the Board” means the Board of Trustees of the Wildlife Protection Fundestablished by Section 69B;

“capture” includes any act immediately directed at the taking of anyanimal, nest or egg’

“Commissioner of Customs” includes a customs officer employed by theCustoms Department;

“conservation area” means-

(a) a game reserve established under section 5;

(b) a national park established under the National ParksOrdinance;

(c) the Ngorongoro Conservation Area established by theNgorongoro Conservation Area Act;

Interpretation Cap. 283

Act No. 21 of 1978s.2

Cap. 282

Cap. 284

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PART IIOFFICERS

3. (1) There shall be a Director of Game who shall be appointed bythe President.

(2) The Director shall be responsible for the properadministration and other officers.

Director of Game

4. The Minister may appoint such number of Game Officers as, inhis opinion, may be necessary for the efficient administration ofthis Act.

Game Officers

4A. (1) The Minister shall, after consultation with the President,establish a department of Government to be known as the WildlifeProtection Unit.

(2) The Unit shall consist of such number of persons as theMinister may determine.

Minister toestablish theWildlifeProtection Unit

Act No. 21 of 1978s.3

4B. The functions of the Unit shall be the protection of wildlifeagainst unlawful hunters and, generally, the enforcement of theprovisions of this Act relating to the hunting, capturing andphotographing of wildlife, and the securing of trophies.

Functions of theUnitAct No. 21 of 1978s.3

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4C. (1) The administration of the Unit shall be vested in theDirector and for that purpose the Unit shall be organized in suchbranches and deployed according to such areas or places as the Directormay, with the consent of the Minister, determine.

(2) The Minister may, after consultation with the Minister forthe time being responsible for home affairs and with theconsent of the President, by regulations published in theGazette, provide for-

(a) the organisation and deployment of the Unit, theconditions and terms of service, and the various grades-ranks and appointments in it;

(b) the duties to be performed by members of the Unit, andtheir guidance in the discharge of those duties;

(c) the regulation of matters relating to discipline in the Unit;

(d) the description and issue of arms, ammunition,accoutrements, uniforms and other necessary supplies tomembers of the Unit;

(e) matters relating generally to the good order andadministration of the Unit.

Administration ofthe UnitAct No. 21 of 1978s.3

PART IIIPROTECTED AREAS AND GENERAL RESTRICTIONS

(a) Game Reserves and Game Controlled Areas

5. (1) The President may, by order in the Gazette, declare any areaof Mainland Tanzania to be a game reserve.

(2) The President may by order in the Gazette apply anycondition applicable to a game reserve to any area of MainlandTanzania and upon such order being made the condition specifiedtherein shall apply to the area in relation to which the order is mad as ifsuch area were a game reserve, and any contravention of such conditionin or in relation to such area shall be punishable accordingly.

Establishment ofGame Reserves

6. The Minister may, by order in the Gazette, declare any are ofMainland Tanzania to be a game controlled area.

Establishment ofcontrolled areas

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7. (1) No person other than-(a) a person whose place of ordinary residence is within the

reserve; or

(b) a person travelling through the reserve along a highwayshall enter a game reserve except by and in accordancewith the written authority of the Director previouslysought and obtained.

(2) Any person who contravenes any provision of thissection or contravenes any condition attached to any authority grantedunder subsection (1) shall be guilty of an offence and shall be liable to afine not exceeding five thousand shillings or to imprisonment for a termnot exceeding six months or to both such fine and such imprisonment.

Restriction onentry into andresidence in gamereserves

8. (1) No person shall be in possession of a firearm, bow and arrowin a game reserve without the written permission of the Directorpreviously sought and obtained.

(2) Any person who contravenes any provision of thissection shall be guilty an offence and shall be liable on conviction to afine not exceeding five thousand shillings or to imprisonment for a termnot exceeding twelve months or to both such fine and suchimprisonment.

Restriction oncarriage ofweapons in gamereserves

9. (1) No person shall wilfully or negligently cause any bush orgrass fire, or fell, cut, burn, injure or remove any standing tree,shrub, bush, sapling, seedling or any part thereof in a gamereserve except in accordance with the written permissionpreviously sought and obtained of the Director as well as if anypart of the game reserve is included in a forest reserve, theDirector of Forestry or his duly authorized representative:

Provided that any person whose place of residence is within thereserve may without such permission fell trees for the purpose only ofbuilding dwellings for himself and his dependants and domesticemployees, so however that this proviso shall be without prejudice toany provision of any other written law restricting the felling of trees inany forest reserve or other area.

(2) Any person who contravenes any provision of thissection or contravenes any under subsection (1) shall be guilty of anoffence and shall be liable on conviction to a fine not exceeding fivethousand shillings or to imprisonment for a term not exceeding twoyears or to both such fine and such imprisonment.

Protection ofvegetation ingame reserves

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10. (1) No person shall, save with the permission in writing of theDirector previously sought and obtained and in the mannerspecified in such writing, bunt, capture, kill, wand or molest anyanimal (including fish) in any game reserve or a game controlledarea.

(2) Any person who contravenes any provision of thissection or contravenes any condition attached to anyauthority granted under subsection (1) shall be guilty ofan offence and shall be liable on conviction-

(a) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part I of theFirst Schedule to this Act, to imprisonment or a term ofnot less than three years but not exceeding seven yearsand the court may in addition thereto impose a fine notexceeding one hundred thousand shillings;

(b) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part II of theFirst Schedule to this Act, to imprisonment for a term ofnot less than two years but not exceeding five years andthe court may in addition thereto impose a fine notexceeding fifty thousand shillings;

(c) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part III of theFirst Schedule to this Act, to imprisonment for a term ofnot less than one year but not exceeding three years andin addition thereto the court may impose a fine notexceeding twenty thousand shillings;

(d) in the case of any other offence to a fine of not less thanthree thousand shillings but not exceeding twentythousand shillings or to imprisonment for a term of notless than three months but not exceeding two years.

Hunting in gamereserve or gamecontrolled area

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11. (1) Save with the written permission of the Director previouslysought and obtained, no person shall, within any game reserveor game controlled area-

(a) dig, lay, or construct any pitfall, net, trap, snare or otherdevice whatsoever, capable of killing, capturing orwounding any animal;

(b) carry or have in his possession or under his control anyweapon in respect of which he fails to satisfy the Directorthat it was intended to be used for a purpose other thanthe hunting, killing, wounding or capturing of an animal.

(2) Any person who contravenes any of the provisions of thissection shall be guilty of an offence and shall be liable on conviction to afine not exceeding twenty thousand shillings or to imprisonment for aterm not exceeding two years or to both such fine and suchimprisonment.

Other restrictionsapplying to gamereserves and gamecontrolled areas

12. (1) No person shall, save with on the written permission of theDirector previously sought and obtained, graze any livestock inany game reserve.

(2) Any person who contravenes any of the provisions of thissection shall be guilty of an offence and shall be liable onconviction to imprisonment for a term not exceeding twoyears.

Restrictionsgrazing livestockin game reserve

(b) Partial Game Reserves

13. The Directors may, by order in the Gazette, declare any area ofMainland Tanzania to be a partial game reserve for any animalor class of animals (hereinafter in this Act referred to as“protected animals”).

Establishment ofpartial gamereserve

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14. Any person who without the permission of the Directorpreviously sought and obtained hunts, captures, kills, wounds ormolests any protected animal in a partial game reserve shall beguilty of an offence and shall be liable on conviction:

(a) in the case of a conviction for hunting, capturing orkilling a protected animal, to imprisonment for a term ofnot less than three years but no exceeding seven years;

(b) in any other case to a fine of not less than three thousandshillings but not exceeding twenty thousand shillings orto imprisonment of not less than three months but notexceeding two years.

Restrictionsrelating to partialgame reserves

(c) Declaration of National Game

15. The Minister may, by order in the Gazette, declare any animal orclass of animals to be a national game.

Declaration ofnational game

16. (1) No person shall except by and in accordance with the writtenpermission of the Director previously sought and obtained hunt,kill, capture or wound any animal which is a national game.

(2) Any person who contravenes any of the provisions of thissection or contravenes any condition attached to anypermission granted under subsection (1) shall be guilty ofan offence and shall be liable on conviction to-

(a) in the case where the conviction relates to the hunting,capture or killing of a national game, to imprisonment fora term of not less than three years but not exceedingseven years and in addition thereto the court may imposea fine not exceeding one hundred thousand shillings;

(b) in any other case, to a fine of not less than three thousandshillings but not exceeding twenty thousand shillings orto imprisonment of not less than three months but notexceeding two years.

Restrictionsrelating tonational game

(d) Close Season

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17. The Minister may, by order in the Gazette, prohibit, restrict orregulate the hunting, killing or capture of any animal or class ofanimals in any area of Mainland Tanzania during such period ashe may specify in such order (such period so specified ishereinafter referred to as “close season”).

Declaration ofclose season

18. (1) Where an order under section 17 has been made in respect ofany area of Mainland Tanzania, no person shall during the closeseason hunt, kill, capture or wound within such area any animalto which such order applies except by and in accordance withthe permission of the Director.

(2) Any person who contravenes any of the provisions of thissection or contravenes any condition attached to anypermission granted under subsection (1) shall be guilty ofan offence and shall be liable on conviction-

(a) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part I of theFirst Schedule to this Act, to imprisonment for a term ofnot less than three years but not exceeding seven yearsand the court may in addition thereto impose a fine notexceeding one hundred thousand shillings;

(b) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part II of theFirst Schedule to this Act, to imprisonment for a term ofnot less than two years but not exceeding five years, thecourt may in addition thereto impose a fine not exceedingfifty thousand shillings;

(c) in the case where the conviction relates to the hunting,capture or killing of an animal specified in Part III of theFirst Schedule to this Act, to imprisonment for a term ofnot less than one year but not exceeding three years andin addition thereto the court may impose a fine notexceeding twenty thousand shillings;

(d) in any other case, to a fine of not less than three thousandshillings but not exceeding twenty thousand shillings orto imprisonment of not less than three months but notexceeding two years.

Restrictionselating to closeseason

(e) Miscellaneous Provisions

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19. The President may, by order in the Gazette, modify any of therestrictions imposed by this Part in relation to game reserves,game controlled areas and partial game reserves, and where anysuch order is made, the provisions of this Part shall take effectsubject to the provisions of the order.

President may liftrestrictions

20. (1) Nothing in this Act shall be construed as empowering theDirector to grant any permission for the hunting, killing, captureor wounding of any animal in any national park incontravention of the provisions of the National Parks Act.

(2) Where any game reserve, game controlled area or partialgame reserve, or any portion thereof, falls also within theconservation area established under the NgorongoroConservation Area Act, the Director shall not grant anypermission for the hunting, killing, capture or woundingof any animal of the Conservator of the NgorongoroConservation Area.

Where any area isa national part etc.

Cap. 282

Cap. 284

PART IVHUNTING, CAPTURING AND PHOTOGRAPHING OF ANIMALS

(a) Hunting of Animals

21. In this Part-

“specified animal” means an animal in the Second Schedule to this Act;

“scheduled animal” means an animal specified in the Third Schedule tothis Act.

Interpretation

22. (1) The President may, by order in the Gazette, declare anycategory of persons as being a category of persons who shall notbe granted any game licence in relation to any category ofanimals specified in the order.

(2) Where an order under subsection (1) is made in relationto any category of persons, no person belonging to that category shall beentitled to apply for or obtain a game licence in respect of any animal towhich the order applies and any such licence granted to any suchperson shall be void and ineffective.

President mayrestrict grant oflicences andpermits

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23. Save as otherwise expressly provided in this Act, no person shallhunt any specified animal or scheduled animal except under andin accordance with the conditions of a valid game licence issuedto him under this Act:

Provided that the Minister may, by order, permit any persons orcategory of persons to hunt any specified or scheduled animal without agame licence.

No huntingwithout licence

24. The Minister may, by order in the Gazette, amend, add to, varyor replace the Second and the Third Schedules to this Act.

Amendment ofSecond and ThirdSchedules

25. (1) Game licences may be issued by a licensing officer upon anapplication made therefor in writing in the prescribed form andupon payment by the applicant of the prescribed fee.

(2) No game licence shall be granted to an applicant whofails 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 inrespect of the firearm intended to be used in hunting;

(c) in the case of a licence for the hunting of a specifiedanimal, that he is a citizen of the United Republic or thathe has been ordinarily resident in the United Republic fora period of not less than twelve months immediatelypreceding the date of the application;

(d) that he has a reasonable knowledge of the use of afirearm for the purpose of game hunting;

(3) The licensing authority may require an applicant for agame licence to appear before him and answer anyquestion or produce any document relevant to any of thematters referred to in subsection (2) and the firearmproposed to be used.

Generalprovisionsrelating to gamelicences

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26. (1) The Minister may, by order in the Gazette, declare any bodyof persons, whether corporate or unincorporated, or any Ujamaavillage to b an authorized association for the purposes of thisAct.

(2) The Minister may, by order in the Gazette, declare anybody corporate to be a designated organization for the purposes of thisAct.

Authorizedassociations anddesignatedorganizations

27. (1) A licensing officer may grant a game licence for the huntingof a specified animal to any authorized association:

Provided that the licensing officer shall not grant a game licencefor the hunting of a specified animal to any authorized associationunless he is satisfied that the meat of the animal hunted will be madeavailable for consumption by all the members of the association.

(2) A game licence granted to an authorized associationunder subsection (1) shall entitle any member of the authorizedassociation who has attained the apparent age of eighteen years to hunt,in accordance with the conditions of the licence, the animal specifiedtherein.

Issue of gamelicences forspecified animalsto authorizedassociations

28. The Director may grant a designated organization a licence togenerally hunt such number of scheduled animals subject tosuch terms and conditions and for such period as may bespecified therein.

(2) A game licence granted to a designated organizationunder subsection (1) shall entitled any member,employee or agent of the organization who has attainedthe apparent age of eighteen years to hunt, in accordancewith the terms and conditions of the licence, anyscheduled animal which may lawfully be hunted undersuch licence.

Issue of gamelicences forscheduled animalsto designatedassociation

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29. The Minister may, by regulations made under this Act-

(a) provide that no licence for the hunting of a scheduledanimal shall be granted to any person save on therecommendation of a designated organization;

(b) regulate the mode of hunting of scheduled animals;

(c) prescribe the functions of the designated organization inrelation to the hunting of animals hunted pursuant to anylicence issued on the recommendation of suchorganization ;

(d) authorize, subject to such terms and conditions as he mayspecify, the issue of a game licence for the hunting of aspecified animal to any person who does not, by virtue ofthe provisions of paragraph (c) of subsection (2) ofsection 25, qualify for such licence where the applicationfor such licence is recommended by a designatedorganization;

(e) provide that no one person shall be granted licence tohunt more than the specified number of species of animalin any specified area;

(f) provide for the reception of Government trophies by adesignated organization from persons referred to inSection 68(1) and the procedure to be compiled with bythat organization upon receipt of the Governmenttrophies.

Issue of regulateissue of gamelicences

Act No. 21of 1971s.4

30. (1) Subject to the provisions of section 28 and any regulationsmade pursuant to section 29, every game licence shall specify thespecies and number of specified or scheduled animals whichmay lawfully be hunted by the holder and shall be valid for suchperiod as may be prescribed.

Provisionsrelating tovalidity of gamelicences

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31. Any person who-

(a) not being the holder of a valid game licence, hunts, killsor wounds any specified or scheduled animal; or

(b) being the holder of a valid game licence, hunts, kills orwounds-

(i) a specified or a scheduled animal of a specie,category, type or description other than thatspecified in the licence; or

(ii) a number of specified or scheduled animals largerthan that authorized by the licence; or

(iii) a specified or scheduled animal in an area otherthan the area specified in the licence,

shall be guilty of an offence and shall be liable on conviction -

(a) in the case where the conviction related to the hunting orkilling of an animal specified in Part I of the FirstSchedule to this Act, to imprisonment for a term of notless than three years but not exceeding seven years andthe court may in addition thereto impose a fine notexceeding one hundred thousand shillings;

(b) in the case where the conviction relates to the hunting orkilling of an animal specified in Part II of the FirstSchedule to this Act to imprisonment for a term of notless than one year but not exceeding five years, and thecourt may in addition thereto impose a fine not exceedingfifty thousand shillings;

(c) in the case where the conviction related to the hunting orkilling of an animal specified in Part III of the FirstSchedule in Part III of the First Schedule to this Act, toimprisonment for a term of not less than six months butnot exceeding three years and in addition thereto thecourt may impose a fine not exceeding twenty thousandshillings;

(d) in any case in which the conviction relates to woundingof an animal, a fine of not less than one thousandshillings but not exceeding twenty thousand shillings orto imprisonment of not less than three months but notexceeding two years.

Unlawful huntingof specified ofscheduled animal

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(b) Capture of Animals

32. (1) Save as otherwise expressly stated in this Act, no personshall capture any animal, whether or not specified in anySchedule to this Act, except under and in accordance with theconditions of a valid capture permit issued to him under thisAct.

(2) The Director may grant a capture permit authorizing thecapture of any animal for-

(a) providing a specimen for any zoological garden orsimilar institution;

(b) any educational, scientific or cultural purpose;

(c) any purpose which in the opinion of the Director is in thenational interest.

No animal to becaptured withoutpermit

33. The Director may grant a capture permit subject to suchconditions as to the method of capture, care, stabling, feedingcrating and exporting of animals as he may consider fit, andshall either specify such conditions in the permit or otherwisecommunicate them to the person to whom the permit is issued.

Methods ofcapture

34. (1) Every capture permit shall be in the prescribed formspecifying the area or areas within which the animal specifiedtherein may be captured.

(2) A capture permit shall be valid for such period as theDirector may specify therein.

(3) There shall be charged inspect of a capture permit suchfee or royalty as may be prescribed or, where no fee orroyalty has been prescribed, such fee or royalty as theMinister ay direct.

Generalprovisionsrelating to capturepermits

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35. Any person who-

(a) not being the holder of a valid capture permit, capturesany animal; or

(b) being the holder of a valid capture permit, captures-

(i) an animal of a specie, category, type ordescription other than that specified in the permit;or

(ii) a number of animals larger than that authorizedby the permit; or

(iii) an animal in an area other than the area specifiedin the permit,

shall be guilty of an offence and shall be liable on conviction -

(a) in the case where the conviction relates to the capture ofan animal specified in Part I of the First Schedule to thisAct, to imprisonment for a term of not less than two yearsbut not exceeding seven years and the court may inaddition thereto impose a fine not exceeding onehundred thousand shillings;

(b) in the case where the conviction relates to the capture ofan animal specified in Part III of the First Schedule to thisAct, to imprisonment for a term of not less than one yearbut not exceeding five years, and the court may inaddition thereto impose a fine not exceeding fiftythousand shillings;

(c) in the case where the conviction relates to the capture ofan animal specified in Part III of the First Schedule to thisAct, to imprisonment for a term of not exceeding threeyears and in addition thereto the court may impose a finenot exceeding twenty thousand shillings;

(d) in any other case, to a fine of not less than three thousandshillings but not exceeding twenty thousand shillings orto imprisonment for a term of not less than three monthsbut not exceeding two years.

Unlawful captureof animal

(c) Commercial Game Photography

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36. (1) No person shall engage in photographing animals forcommercial purposes except under and in accordance with theconditions of a commercial game photography permit:

Provided that this section shall not apply in relation to thephotographing by the holder of a licence or permit granted under thisAct of any animal involved in any activity lawfully carried on pursuantto such licence or permit.

(2) Any person who contravenes any of the provisions ofsubsection (1) shall be guilty of an offence and shall beliable on conviction to a fine not exceeding five thousandshillings.

(3) For the purposes of this section-

(a) “photograph” means any product of photographyor any process akin to photography and includescinematograph;

(b) a person shall be deemed to engage inphotographing animals for commercial purposesif-

(i) he intends to sell or exhibit for gain orreward the photograph or cinematographfilm produced;

(ii) he engages in such photography on behalfof any other person for any monetary gainor reward;

(iii) he is a person who is ordinarily engagedin the business of a photographer orcinematograph producer.

(4) Where in any proceedings for an offence under thissection the court is satisfied that the accused took anyphotograph of an animal the court shall, unless theaccused satisfied the court to the contrary, presume that-

(a) the photograph was taken for the purposes of commercialphotography;

(b) the proviso to subsection (1) does not apply to beaccused.

Commercial gamephotography

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37. The Director may grant a commercial game photography permiton such terms and conditions as he may specify and uponpayment of such fee as may be prescribed.

Provisionsrelating tocommercial gamephotographypermit

(d) Miscellaneous Provisions relating to Hunting

38. (1) No person shall without the written authority of the Directorpreviously sought and obtained, hunt, kill or wound any animalregardless of the fact that such animal is not specified in theSecond or Third Schedule of this Act.

(2) Any person who contravenes the provisions of thissection shall be guilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Hunting ofunscheduledanimals withoutpermit

39. No licence, permit or authority granted under this Act shall,unless it is specifically stated therein, be construed asauthorizing the holder thereof to hunt or kill the young of anyanimal or any female animal which is apparently pregnant orwhich is accompanied by its young and any person who,holding a valid licence, permit or authority to hunt an animal ofany species, hunts the young of that species or the female of thatspecies which is pregnant or is accompanied by its young shall,unless the hunting of such young or such female is expresslyauthorized by the licence, permit or authority, be guilty ofhaving hunted, killed or wounded the same without a licence,permit or authority and be liable to be punished accordingly.

Killing of younganimals to be anoffence

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40. (1) No person shall hunt or capture any animal on a private landunless-

(a) he is the holder of a valid licence, permit or writtenauthority issued or granted under this Act to hunt, or asthe case may be, to capture such animal; and

(b) the owner of the private land has given his consentthereto.

(2) Notwithstanding the provisions of subsection (1) wherethe Director is of the opinion that it is in the public interest that anyanimal on any private land be hunted or captured he may by a writingunder his hand authorize any person to hunt or capture such animal onsuch private land and after a copy of such authority has been served onthe owner of the private land, it shall be lawful for the personauthorized to hunt or capture the animal to proceed to do so without theconsent of the owner:

Provided that the person so authorized shall not be entitled,without the consent of the owner, to enter any dwelling house or otherbuilding on such land.

(3) Any person who-

(a) not being a person authorized under subsection (2) so todo, hunts or captures any animal on a private landwithout the consent of the owner;

(b) being a person so authorized contravenes the provisionsof the proviso to subsection (2);

(c) being the owner of any private land who has been servedwith a copy of any authority granted under subsection(2), obstructs the person authorized to hunt or captureany animal on such private land from entering on theprivate land or from hunting or capturing the animal,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Hunting orcapture on privateland

- 23 -


41. (1) Notwithstanding the other provisions of this Act, it shall belawful for the Director, with the consent of the Minister andupon such conditions as he may consider fit, with or without afee to grant to any person a President’s licence in the prescribedform authorizing the holder thereof to hunt, capture orphotograph the animals specified therein for the purpose of-

(a) scientific research;(b) display in a museum, zoo, or similar establishments;(c) educational activity;(d) cultural activity;(e) complimentary gift; or (f) supply of food in cases of emergency.

(2) A president’s licence may authorize the hunting, captureor photography of any animal whether or not such animal is protectedby any other provision of this Act or other written law.

President’s licence

42. (1) The Director may, as a condition to the grant of any licence,permit or other authority under this Act, direct that the applicantshall give a security for compliance with the provisions of thisAct and any subsidiary legislation made hereunder either bydepositing with the Director such sum of money, not exceedingfive thousand shillings or executing a bond, with or withoutsureties, for such amount not exceeding five thousand shillings,as the Director may decide.

(2) Where a person who has given a security under thissection contravenes any of the provisions of this Act orany subsidiary legislation made hereunder during theperiod of nine months immediately succeeding the dateon which such security is given, then, notwithstandingany penalty which may have been or may be imposedupon 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 Directormay direct, shall be forfeited to the Government;

(b) where a security bond was executed, the bond shall beenforceable by the Director on behalf of the Governmenteither in relation to the whole amount specified therein orsuch part of such amount as the Director may decide.

Security forcompliance withthis Act

- 24 -


43. (1) No person shall without the prior consent in writing of theDirector transfer or assign to any other person any licence,permit or other authority granted to him under this Act and anysuch purported transfer or assignment without such consentshall be void.

(2) Any person who without the prior consent in writing ofthe Director purports to transfer or assign to any other person or acceptsa transfer or assignment to himself of any licence, permit or authoritygranted under this Act shall be guilty of an offence and shall be liable onconviction to a fine not exceeding twenty thousand shillings or toimprisonment for a term not exceeding three years or to both such fineand imprisonment.

Licence etc. nottransferable

44. (1) Any person to whom there has been issued any licence,permit or written authority under this Act shall-

(a) carry such licence, permit or authority with him whenexercising the rights thereby conferred;

(b) record thereon in Swahili or English in indelible writing,in the space provided thereof, all relevant details of allanimals killed or captured by him in the exercise of therights thereby conferred and no animal so killed, nor anypart thereof shall be removed from the place where it fellunless all such details have been first so recorded;

(c) not later than thirty days after the expiry of such licence,permit, or authority, or where he proposes to depart fromMainland Tanzania or the area for which such licence,permit or authority is valid before the date of suchdeparture, surrender such licence, permit or authority tothe licensing officer who issued it and shall sign adeclaration certifying the accuracy of the record of gamekilled or captured in the presence of such officer.

(2) The licensing officer to whom any licence, permit or otherauthority is surrendered shall countersign the declarationmade thereon in the space provided for suchcountersignature.

(3) Any person who contravenes any of the provisions ofsubsection (1) shall be guilty of an offence and shall beliable on conviction to a fine not exceeding twentythousand shillings or to imprisonment for a term notexceeding three years or to both.

Recording ofgame andsurrender oflicence

- 25 -


45. The Director may, in his discretion, extend the period of validityof any licence, permit or other authority granted under this Act,by a period not exceeding three months if in his opinion theholder thereof was prevented form exercising the rights therebyconferred by any reasonable cause.

Extension oflicences byDirector

46. Where in the opinion of the Director the holder of a licence,permit or other authority granted under this Act has failed toexercise any of the rights conferred thereby and it is notdesirable, expedient or practical to extend the period of validityof such licence, permit or authority, the Director may, in hisabsolute discretion, refund the fee or any part thereof paid orsuch licence, permit or authority.

Refund of fee

47. (1) Any person who kills an animal specified in any of theSchedules to this Act by accident or in error shall as soon as maybe practicable thereafter-(a) remove from such animal any skin, ivory, horn, tooth or

any other valuable trophy;

(b) report the fact and the circumstances of such killing tothe nearest Game Officer;

(c) hand over to such Game Officer any trophy removedfrom such animal, which trophy shall be the property ofthe Government and shall be disposed of as the Directormay direct; and

(d) if so required by such Game Officer, show him the placeor site where the animal was killed.

(2) An animal shall be deemed not to have been killed byaccident or in error if the person killing it is the holder of a licence,permit or authority, entitling him to hunt an animal of that specie.

(3) Any person who fails to comply with any of theprovisions of this section shall be guilty of an offence and shall be liableon conviction to a fine not exceeding twenty thousand shillings orimprisonment for a term not exceeding three years or to both.

Animal killed byaccident or inerror

48. (1) The animals specified in the Fourth Schedule to this Act arehereby declared to be dangerous animals.

(2) The Minister may, by order in the Gazette, amend, varyor replace the Fourth Schedule to this Act.

Dangerousanimals

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49. (1) Any person who wounds any animal shall use all reasonableendeavours to kill it at the earliest opportunity.

(2) If a dangerous animal which has been wounded enters agame controlled area, a game reserve, a forest reserve, anational park or the Ngorongoro Conservation Area theperson wounding it shall forthwith report such entry tothe nearest Game Officer, Forest Officer, Park Warden, orConservator as the case may be and such officer shalltake all necessary measures to assist such person inkilling the animal.

(3) Any person who wounds any dangerous animal and failsto kill it shall forthwith make a report thereof to thenearest Game Officer.

(4) Every report made under subsection (4) shall specify thedate, time and place of the wounding, the nature of thewound, the efforts made to kill the animal and such otherinformation as may assist in the locating the animal.

(5) Where any animal is found dead and the Director issatisfied that it is an animal which was wounded and lostby a person holding a licence, permit or authority for thehunting or capture of an animal of the same species as theanimal so found, and that such person-

(a) after wounding the animal used every endeavour to killit; and

(b) on losing the wounded animal, made a report as requiredby this section,

the Director may, at his discretion, direct that any trophy of such animalbe delivered to such person.

(6) Any person who fails to comply with any of theprovisions of subsections (1), (2), 3) or (4) shall be guiltyof an offence and shall be liable on conviction to a finenot exceeding twenty thousand shillings or toimprisonment for a term not exceeding three years or toboth such fine and such imprisonment.

Wounding ofanimals

- 27 -


50. (1) Nothing in this Act shall make it an offence to kill any animalin defence of human life or property or for the owner or occupierof such property or any person dependent on or employed bysuch owner or occupier to drive out or kill by any means what-so-ever any animal found causing damage to such property:

Provided that-(a) this section shall not apply to the killing of an animal in

defence of life or property if-

(i) the behaviour of the animal necessitating suchkilling is the result of molestation or deliberateprovocation by or with the knowledge of theperson killing such animal; or

(ii) the person killing such animal or the personwhose life or property is being defended was,when such defence became necessary, committingan act which constitutes an offence under this Act;

(b) nothing in this section shall be deemed to authorize-(i) the use of stakes in pitfalls or of any other method

which is likely to result in undue cruelty toanimals or to endanger human life;

(ii) the owner or occupier of any property adjoiningany conservation area to hunt in such areawithout the previous consent in writing of theappropriate officer of such conservation area;

(iii) the killing of any national game without thewritten authority of the Director previouslysought and obtained.

(2) Any person killing an animal in defence of life orproperty shall forthwith-

(a) remove from such animal any skin, ivory, horn, tooth orany other valuable trophy;

(b) report the fact and the circumstances of such killing tothe nearest Game Officer;

(c) hand over to such Game Officer any trophy removedfrom such animal, which trophy shall be the property ofthe Government; and

(d) if so required by such Game Officer, show him thedamage caused to such property or the place of such

Killing animal indefence of life orproperty allowed

- 28 -


51. Where in any proceedings for an offence under this Act the courtis satisfied that an animal was killed or wounded by the accused,the court shall presume that the animal was killed or woundedin the course of it being intentionally hunted by the accusedunless the accused proves to the satisfaction of the court that thekilling or wounding was an accident beyond his control and thathe had taken all reasonable precautions to avoid such accident orthat the killing or wounding was in such circumstances as to bejustifiable and lawful under section 49.

Defence ofaccidental killingor wounding or ofkilling orwounding selfdefence

52. Notwithstanding anything to the contrary in this Act theDirector may kill or authorize the killing of any animal in anyplace, not being a national park or the Ngorongoro ConservationArea.

Destruction ofanimals

53. (1) The Director may, by order in the Gazette, prescribe the typeor class of weapons which may or may not be used for thehunting or any particular species of animals.

(2) Where an order under subsection (1) has been made, anyperson who hunts any animal or class of animals by means of anyweapon prohibited by such order for use in the hunting of animals ofthat species or any weapon other than of the type or class authorized bysuch order for use in the hunting of animals of that species shall beguilty of an offence and shall be liable on conviction to imprisonmentfor a term not exceeding three years

Director mayregulate type ofweapons

- 29 -


54. (1) No person shall, except by and in accordance with thewritten authority of the Director previously sought andobtained-

(a) use for the purpose of hunting any animal-

(i) any mechanically propelled vehicle;

(ii) any poison, bat, poisoned bait, poisoned weapon,stakes, net, gin, trap, set gun, pitfall, missile,explosives, ball ammunition, snare, hide, fence orenclosure;

(iii) a dog or any domesticated animal;

(iv) any fire-arm capable of firing more than onecartridge as a result of one pressure of the triggeror of reloading itself more than once withoutfurther action by the operator;

(v) any device capable of reducing or designed toreduce the sound made by the discharge of anyfirearm;

(vi) any artificial light or flare; or

(vii) any anaesthetic dart capable of immobilisation;

(b) for the purpose of hunting any animal cause any grass orbush fire;

(c) hunt any animal-

(i) from any mechanically propelled vehicle orwithin two hundred metres of such vehicle,except when hunting birds in water;

(ii) (other than a hippopotamus, otter, sitagunga,water-buck or bird) within five hundred metres ofany permanent water, pool, waterhole or salt-lick;

(iii) within a kilometre of a national park, a zoologicalgarden, the Ngorongoro Conservation Area or anaerodrome;

(iv) during the hours of darkness.

Unlawfulmethods ofhunting

- 30 -


(e) Provisions Relating to Licences etc.

55. (1) The Director, a Game Officer of a licensing officer may, if inhis opinion it is in the public interest so to do-(a) refuse to issue to any person any certificate, licence,

permit, permission or other authority under this Act; or

(b) cancel or suspend any certificate, licence, permit,permission or other authority under this Act:

Provided that in the case of any such cancellation or suspensionby a Game Officer or a licensing officer he shall, as soon as may bepracticable, report the same to the Director.

(2) Any person aggrieved by any refusal, cancellation orsuspension under this section may appeal thereagainst to the Ministerwithin such time and in such manner as may be prescribed, and thedecision of the Minister or any such appeal shall be final and conclusive.

Refusal,cancellation andsuspension oflicence etc.

56. (1) Any person-

(a) who has been convicted of an offence under this Act, theOrdinance, the National Parks Act, the NgorongoroConservation Act or any written law applicable in anyother country and designed for the protection of wildlifein that country;

(b) whose licence, permit, permission or authority grantedunder this Act or the Ordinance has been cancelled orsuspended,

shall be disqualified from holding or being granted any licence, permit,permission or other authority under this Act unless and until suchdisqualification is lifted by the Director by a certificate under his hand.

(2) Any person who fails to inform the Director or any GameOfficer or licensing officer at the time of his application or request forany licence, permit, permission of other authority under this Act of thefact that he is, by virtue of subsection (1), disqualified from holding orobtaining any licence, permit, permission or other authority under thisAct, shall be guilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Disqualificationfrom grant oflicence etc.Cap. 282Cap. 284

- 31 -


57. (1) Any licence, permit, permission or authority granted underthis Part may be granted subject to such terms and conditions asthe person or officer granting the same may deem fit and all suchterms and conditions shall be specified on the licence, permit,permission or authority granted:

Provided that the Minister may, by regulations made under thisAct, prescribe terms and conditions which shall be deemed to beannexed to any category of licence, permit, permission or authoritygranted under this Part.

(2) Any person who contravenes any terms or conditionannexed or deemed to be annexed to any licence, permit,permission or authority shall be guilty of an offence andshall be liable on conviction to a fine not exceedingtwenty thousand shillings or to imprisonment for a termnot exceeding three years or to both such fine and suchimprisonment:

Provided that the penalty provided for by this subsection shallbe without prejudice to any penalty specifically prescribed by any otherprovision of this Act for the contravention of any term or conditionannexed or deemed to be annexed to any licence, permit, permission orauthority granted under this Part.

Licences etc maybe issued subjectto conditions

PART VREGISTRATION OF CERTAIN TROPHIES

58. In this Party “trophy” mans ivory, rhinoceros horn,hippopotamus teeth, animal tusks, animal horns and skin of anygame animal and “manufactured trophy: means any articlemade from any of the foregoing trophies or from any tooth, tusk,horn, bone, claw, hoof, hair, feather, egg or other durable portionwhatsoever of any animal.

Interpretation

- 32 -


59. (1) Any person who obtains possession of any trophy shallwithin thirty days thereof produce such trophy together with thelicence, permit or other authority under which it has beenobtained and any weapon with which the animal from which thetrophy was obtained was hunted to the licensing officer havingjurisdiction over the area in which such animal was hunted, or tosuch other officer as such licensing officer or the Director may inwriting direct, for the registration of the trophy and the issue of atrophy certificate in respect thereof.

(2) Any person who obtains possession of any manufacturedtrophy shall within thirty days of obtaining possession ofthe manufactured trophy produce the manufacturedtrophy to a licensing officer for registration:

Provided that this subsection shall not apply where such personalready holds a certificate of registration in relation to the trophy.

(3) Registration of trophy or manufactured trophy shall beaffected in such manner as may be prescribed and uponregistration the owner shall be issued with a certificate ofregistration in the prescribed form.

(4) If the officer to whom a trophy or a manufactured trophyor a manufactured trophy is produced is not satisfied thatthe trophy or, as the case may be, the manufacturedtrophy was obtained lawfully by the person producingthe same for registration, he may retain the same pendingfurther investigation:

Provided that if no proceedings are instituted in relation to thetrophy or the manufactured trophy within six months of the date whenit was first produced for registration, the trophy or, as the case may be,the manufactured trophy shall be duly registered and a certificate ofregistration issued.

Trophy to beproduced tolicensing officer ofthe district withina month

- 33 -


60. (1) Any person who has in his possession any trophy ormanufactured trophy and does not hold a certificate ofregistration in respect thereof shall be guilty of an offence andshall be liable on conviction to imprisonment for a term notexceeding three years:

Provided that in any proceedings for an offence under thissubsection the accused shall be entitled to b acquitted if he can satisfythe court-

(a) that he has since the commencement of the proceedingslawfully obtained a certificate of registration in respect ofthe trophy or, as the case may be, the manufacturedtrophy;

(b) that a period of thirty days had not expired between thedate when he first acquired or obtained the trophy or themanufactured trophy and the date of the institution ofthe proceedings or the date when the trophy or themanufactured trophy was seized by an authorized officerin the course of an investigation resulting in theproceedings, whichever date first occurred.

(2) Any person who in any manner whatsoever transfers toany other person any trophy or manufactured trophy(whether or not the property therein passes) in respect ofwhich a certificate of registration does not exist at thedate of the transfer and any person who accepts any suchtransfer of any trophy or manufactured trophy in respectof which a certificate of registration does not exist at thedate of the transfer shall be guilty of an offence and shallbe liable on conviction to imprisonment for a term notexceeding three years.

(3) Any person who in any manner whatsoever transfers anytrophy or manufactured trophy to any other personwithout handing over to the transferee the certificate ofregistration in respect thereof and any transferee whoaccepts the transfer to himself of any trophy ormanufactured trophy without obtaining delivery of thecertificate of registration in respect thereof shall be guiltyof an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Offences relatingto non-registration

PART VIDEALINGS IN TROPHIES

- 34 -


61. (1) No person shall manufacture articles from trophies for saleor carry on the business of a trophy dealer except under and inaccordance with the conditions of a valid trophy dealer’s licence.

(2) The Director may, subject to any regulations made underthis Act, grant to any person a trophy dealer’s licence inthe prescribed form upon application made therefor inthe prescribed form and subject to such conditions andon payment of such fees as may be prescribed.

(3) A trophy dealer’s licence shall entitle the holder to carryon the business of buying and selling trophies but shallnot entitle him to hunt, kill, capture or photograph anyanimal.

(4) No trophy dealer shall under any circumstances accept,buy, sell or transfer any trophy before such trophy isregistered under the provisions of Part V of this Act.

No dealing introphies withouttrophy dealer’slicence

62. (1) No person shall in any manner transfer by way of a gift, sale,barter, exchange or otherwise or buy or accept any trophy exceptunder and in accordance with the conditions of a valid transferpermit granted under this section.

(2) The Director may, in his discretion with or without a fee,grant to any person a transfer permit in respect of anytrophy.

(3) A transfer permit shall be in the prescribed form.

(4) The provisions of this section shall not apply to anytrophy sold by a licensed trophy dealer or theGovernment or to any manufactured trophy in respect ofwhich a valid certificate of registration issued under PartV exists.

No transfer oftrophy without atransfer permit

- 35 -


63. (1) No person shall export any trophy unless he holds a validtrophy export certificate issued in respect thereof.

(2) The Director may, subject to any regulations made underthis Act and on payment of any prescribed fee, issue toany person desiring and otherwise entitled to export anytrophy, a trophy export certificate in the prescribed form.

(3) This section shall not apply to a manufactured trophy inrespect of which a valid certificate of registration issuedunder Part V exists.

Export of trophy

64. No person shall, except with the written authority of the Directorpreviously sought and obtained, import any trophy:

Provided that this section shall not apply to a manufacturedtrophy in respect of which the Commissioner for Customs is satisfiedthat it is the personal property of the importer and has been importedfor personal use by the importer.

Import of trophy

65. Any person who sells, buys, transfers, accepts, exports orimports any trophy in contravention of any of the provisions ofthis Part or who otherwise contravenes any of the provisions ofthis Part shall be guilty of an offence and shall be liable onconviction to a fine not exceeding fifty thousand shillings or toimprisonment for a term not exceeding seven years or to bothsuch fine and such imprisonment.

Unlawful dealingsetc in trophies

PART VIIGOVERNMENT TROPHIES

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66. (1) The following shall be government trophies and subject tothe provisions of subsection (2), shall be the property of theGovernment, that is to say-

(a) any animal which has been killed or captured without alicence, permit, permission or authority granted underthis Act, and any part of any such animal;

(b) any animal which is found dead, and any part of anysuch animal;

(c) any animal which has been killed in defence of life orproperty and any part of any such animal;

(d) any trophy which is in the possession of any person whois unable to satisfy the Director that he lawfully acquiredthe same;

(e) any trophy in respect of which a breach of the provisionsof this Act has been committed;

(f) any animal or trophy or class of animals or trophieswhich the Minister may, by order in the Gazette, declareto be Government trophy or trophies.

(2) Any trophy found or obtained in a national park or theNgorongoro Conservation Area or n respect of which an offence hasbeen committed under the National Parks Act or the NgorongoroConservation Area Act shall be the property of the Trustees of theNational Parks or, as the case may be, the Conservator of theNgorongoro Conservation Area.

Governmenttrophies

Cap. 282Cap. 284

- 37 -


67. (1) No person shall be in possession of, or buy, sell or otherwisedeal in any Government trophy.

(2) Any person who contravenes any of the provisions of thissection shall be guilty of an offence and shall be liable onconviction-

(a) where the trophy which is the subject matter of thecharge or any part of such trophy is part of an animalspecified in Part I of the First Schedule to this Act and thevalue of the trophy does not exceed five thousandshillings, to imprisonment for a term of not less than twoyears but not exceeding seven years or to a fine of not lessthan twenty thousand shillings but not exceeding onehundred thousand shillings; or

(b) where the trophy which is the subject matter of thecharge or any part of such trophy is part of an animalspecified in Part I of the First Schedule to this Act and thevalue of the trophy exceeds five thousand shillings, toimprisonment for a term of not less than three years butnot exceeding seven years and in addition thereto thecourt may impose a fine of an amount not exceeding onehundred thousand shillings or ten times the value of thetrophy, whichever is the larger amount;

(c) in any other case-

(i) where the value of the trophy which is the subjectmatter of the charge does not exceed fivethousand shillings, to a fine of not less than theamount equal to twice the value of the trophy butnot exceeding twenty thousand shillings or toimprisonment for a term of not less than sixmonths but not exceeding three years;

(ii) where the value of the trophy which is the subjectmatter of the charge exceeds five thousandshillings but does not exceed twenty thousandshillings, to a fine of not less than the amountequal to twice the value of the trophy but notexceeding one hundred thousand shillings or toimprisonment for a term of not less than twoyears but not more than seven years;

(iii) where the value of the trophy which is the subjectmatter of the charge exceeds twenty thousand

Possession ofGovernmenttrophy unlawful

Act No. 10 of 1989Schedule

- 38 -


68. (1) Any person who by any means obtains possession of anyGovernment trophy or who sees any Government trophy in thepossession of any other person shall forthwith report suchpossession to the nearest Game Officer or to a designatedorganization and shall, if required, deliver the trophy to theGame Officer or give particulars of the person in possessionthereof.

(2) Any person who fails to comply with any of theprovisions of this section shall be guilty of an offence andshall be liable on conviction to imprisonment for a termnot exceeding three years.

(3) Subject to subsection (4), the Director may, with theconsent of the Minister, award a sum of money as areward to any person giving information leading to therecovery of a Government trophy.

(4) The sum of money awarded as a reward to any person orthe aggregate of the sums awarded to more than oneperson in any one recovery of a Government trophy shallnot exceed-

(a) one-fourth of the value of the Government trophy ortrophies recovered; or

(b) ten-thousand shillings,

whichever is the smaller sum of money.

(5) The Minister may by directions, regulate the procedure tobe complied with in the payment or the making ofrecommendations for the payment of the awards.

Duty to reportpossession ofGovernmenttrophyAct No. 21 of 1978s.5

Act No. 21 of 1978s.5

Act No. 21 of 1978s.5

69. The Director of Game shall be responsible for the disposal of allGovernment trophies subject to any instructions that may begiven by the Minister for the time being responsible for finance.

Disposal ofGovernmenttrophyAct No. 21 of 1978s.6

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69A. (1) There is hereby established a fund which shall be knownas the Wildlife Protection Fund.

(2) The Wildlife Protection Fund shall consist of:-

(a) such sums as may be provided for the purpose byParliament;

(b) twenty-five percent of the proceeds of the sale of everyanimal, trophy, weapon, vehicle, vessel, aircraft, tent orother article which is forfeited pursuant to section 78 andsold or disposed of in any other way for money;

(c) any sum or property which may in any manner becomepayable into the Fund;

(d) any sum granted to the Fund by the government or anyperson.

(3) The Minister shall make rules regulating the functions,and use of the Fund, and shall, after consultation with theMinister for the time being responsible for finance makerules regulating the operations of the Fund.

(4) All rules made pursuant to subsection (3) shall bepublished in the Gazette.

Establishment ofWildlifeProtection FundAct No. 21 of 1978s.7

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69B. (1) There is hereby established a Board of Trustees of theWildlife Protection Fund.

(2) The Board shall be a body corporate and shall-

(a) have perpetual succession and an official seal;

(b) in its corporate name, be capable of suing and being sued;

(c) be capable of taking, purchasing or, in any other way,acquiring, holding, charging and disposing of property,movable or immovable; and

(d) have power to enter into contracts and doing any act oracts for the proper performance of its functions underthis Act which may lawfully be done by a corporatebody.

(3) The Board shall consist of-

(a) the Chairman, who shall be appointed by the President;

(b) the Director of Wildlife;

(c) the Conservator of the Ngorongoro Conservation Area;

(d) the Director of the Tanzania National Parks;

(e) the General Manager of the Tanzania WildlifeCorporation; and

(f) two other Members appointed by the Minister.

(4) The functions of the Board shall be-

(a) to manage and administer the Fund in accordance withthis Act;

(b) subject to this Act and to any directions given by theMinister, to do any act or thing for the promotion of thepurposes and objects of the Fund.

(5) The Minister shall, by an order published in the Gazette,provide for the regulation of the proceedings, theoperations and affairs of, and other matters in relation tothe Board.

Establishment ofBoard of TrusteesAct No. 21 of 1978s.7

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PART VIIIMISCELLANEOUS PROVISIONS RELATING TO OFFENCES

(a) Evidentiary Provisions

70. (1) In any proceedings for the offence of unlawfully hunting,wounding, killing or capturing any animal contrary to anyprovision of this Act, the burden to prove that the animal washunted, killed, wounded or captured pursuant to and inaccordance with the terms of a licence, permit or authoritygranted under this Act shall lie on the person charged.

(2) Where in any proceedings for an offence under section 67it is proved to the satisfaction of the court-

(a) that the Government trophy which is the subject matterof the charge was found in any building, premises orship, or any part of any building, premises or shipoccupied by the accused or his dependant, whether ornot the accused was physically present when the trophywas found; or

(b) that such Government trophy was found in any vehicle,baggage, package or parcel in possession of or owned bythe accused or over which the accused had control at thetime when the trophy was found,

the court shall presume that such trophy was in the possession of theaccused unless the accused satisfies the court to the contrary.

(3) In any proceeding for an offence under section 67 theburden to prove-

(a) that the possession of the Government trophy waslawful; or

(b) that the sale, purchase or other transaction relating to theGovernment trophy was lawful; or

(c) that the accused had assumed possession of the trophy inorder to comply with the requirements of section 67; or

(d) that the trophy is not a Government trophy, shall lie onthe person charged.

Burden of proof

- 42 -


70A. (1) Subject to subsection (2), at any stage of any proceedingsunder this Act, the court may, of its own motion or on an applicationmade by the prosecution in that behalf order that any animal, trophy,weapon, vehicle, vessel or other article which has been tendered or putin evidence before it and which is subject to speedy decay, destructionor depreciation be placed at the disposal of the Director.

(2) Where the article in respect of which an order undersubsection (1) is made is not an animal or trophy, thecourt may, if it is satisfied hat it would be just to do so,attach to the order condition that the Director shall notdispose of that article until the expiration of six monthsfrom the date of the making of that order.

(3) Notwithstanding the provisions of any written law to thecontrary, on the expiration of six months from themaking of an order under subsection (1) to which thecondition under subsection (2) was attached, the order ofthe court shall be final and shall operate as a bar to anyclaim by or on behalf of any person claming ownership ofor any interest in the article by virtue of any title arisingbefore the order was made.

Disposal oftrophies, etcduringproceedingsAct No. 21 of 1978s.8

- 43 -


70B. (1) Subject to the following provisions of this section, in anyproceedings for an offence under this Act, which consists of theunlawful possession of, or unlawfully having in control or custody, anytrophy or trophies, any person being prosecuted may, with the lave ofthe court, have any person to whom the trophy or trophies belong or towhose act or default he alleges that the contravention of the relevantprovisions was due brought before the court in the proceedings, and if,after the contravention was due to the act or default of, that otherperson, that other person may be convicted of the offence, and, if theoriginal accused person proves that he had used all due diligence tosecure that the relevant provisions were complied with, he shall beacquitted of the offence.

(2) Without prejudice to subsection (1), in any suchproceedings under this Act an accused person shall notallege that the trophy or trophies belong, or that thecontravention of the relevant provisions was due, tosome other person unless, before the end of two daysform the commencement of the first hearing of the case,he gives to the prosecution notice of his intention to doso.

(3) Every notice given under subsection (2) shall be deemedto be void and of no effect unless it contains-

(a) the name and address of that other person or, if the nameor address is not known to the accused person at thetime he gives the notice, any information in hispossession which might be of material assistance infinding that other person;

(b) if the name of the address is not included in that notice,the court is satisfied that the accused person, beforegiving the notice, took and thereafter continued to takeall reasonable steps to secure that the name or addresswould be ascertained;

(c) if the name or address is not included in that notice, butthe accused person subsequently discovers the name oraddress or receives other information which might be ofmaterial assistance in finding the other person, heforthwith gives notice of the name, address or otherinformation, as the case may be; and

(d) if the accused person is notified by or on behalf of theprosecution that other person has not been traced by thename or at the address given, he forthwith gives notice of

Where trophiesbelong to anotherperson Act No. 21 of 1978s.8

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(b) Miscellaneous Offices

71. Any person who is found in possession of any ball ammunition,poison, snare or trap in circumstances which raise a reasonablepresumption that he has used or intends or is about to use thesame for the purpose of the commission of an offence under thisAct shall, unless he shows lawful cause for such possession, beguilty of an offence, and shall be liable on conviction toimprisonment for a term not exceeding three years.

Possession ofcertain weaponsin certaincircumstances tobe an offence

72. (1) Any person having in his possession, control, custody orcare-

(a) any licence, permit, certificate, licence book, permit book,certificate book or other official document granted orissued under or used for the purposes of this Act;

(b) official mark, stamp or ink used for or in connection withthe administration of this Act;

(c) any official uniform or badge approved for use by anyauthorized officer;

(d) any trophy which is required by any provision of this Actto be delivered to any public officer or which is in hispossession by virtue of his holding any public office,

shall take all reasonable precautions to prevent the same from fallinginto the hands or custody of any person not authorized to be inpossession thereof, and if such person fails to take such reasonableprecautions he shall be guilty of an offence and shall be liable onconviction to imprisonment for a term not exceeding three years.

(2) In any proceedings against any person for an offenceagainst such-section (1)-

(a) the burden to prove that reasonable precautions weretaken to prevent any article or thing to which thatsubsection applies from falling into the hands of anunauthorized person shall be on the person charged;

(b) where any such article or thing is shown to have beenlost or stolen he court shall, unless it is satisfied to thecontrary, presume that it has fallen into the hands of anunauthorized person.

Duty to take careof licences,permit, trophiesetc.

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73. (1) Any person who-

(a) fraudulently forges, alters or defaces any licence, permit,written permission or authority granted or purporting tohave been granted under this Act;

(b) fraudulently utters any such forged licence, permit,permission or authority;

(c) obtains any licence, permit, permission or authority byfraud, misrepresentation of a material fact or a falsepretence,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding five years.

(3) Any licence, permit, permission or authority which hasbeen forged or obtained by fraud, misrepresentation of amaterial fact or a false pretence shall be void ab initio.

Offences relatingto licences etc.

(c) General Provisions

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74. (1) If any authorized officer has reasonable grounds forbelieving that any person has committed or is about to commitan offence under this Act he may-

(a) require any such person to produce for his inspection anyanimal, meat, trophy or weapon in his possession or anylicence, permit or other document issued to him orrequired to be kept by him under the provisions of thisAct or the Arms and Ammunition Ordinance or anysubsidiary legislation made thereunder;

(b) enter and search any land, building, tent, vehicle, aircraftor vessel in the occupation or use of such person, andopen and search any baggage or other thing in hispossession:

Provided that no dwelling house shall be enteredinto without a warrant except in the presence of twoindependent witnesses;

(c) seize any animal, meat, trophy, weapon, licence, permitor other authority, vehicle, vessel or aircraft in thepossession or control of any person and, unless he issatisfied that such person will appear and answer anycharge which may be preferred against him, arrest anddetain him.

(2) It shall be lawful for any authorized officer at allreasonable times to enter the licensed premises of any trophy dealer andto in respect the records which are required to be kept under theprovisions of this Act.

(3) Any person detained or things seized under the powersconferred upon the authorized officer by this Act shall betaken as son as possible before a court of competentjurisdiction to be dealt with according to law.

(4) It shall be lawful for any authorized officer to stop anddetain any person who he sees doing, or suspected ofhaving done, any act for which a licence, permit,permission or authority is required under the provisionsof this Act for the purpose to require such person toproduce the same or to allow any vehicle, vessel oraircraft of which he is the owner or over which he hascontrol to be searched, and any person who fails toproduce his licence, permit, permission or authoritywhen required to do so, or fails to stop when ordered orsignalled to do so, or fails to allow any vehicle, vessel oraircraft of which he is the owner or over which he has

Power of searchand arrest

Cap. 223

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75. Any person who-

(a) wilfully obstructs any authorized officer in the exerciseby him of any of the powers conferred upon him by thisAct; or

(b) without reasonable excuse fails to give any informationor produce anything or document which he is lawfullyrequired to give or produce under any provision of thisAct,

shall be guilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Obstruction ofauthorized officer

75A. (1) Notwithstanding the provisions of section 114A, 117 and243 of the Penal Code, any person who, in the course of wilfullyobstructing an authorized officer in the exercise by him of any of thepowers conferred by this Act, assaults the authorized officer shall beguilty of an offence and subject to subsection (2), shall be liable onconviction to imprisonment for a term not exceeding fourteen years.

(2) No term of imprisonment imposed under this sectionshall be less than three years.

Assault onauthorized officerCap. 16 Act No. 21 of 1978s.9

76. No act or thing done by any authorized officer shall, if the act orthing was done in good faith in the exercise or purportedexercise of any power conferred by this Act for the purpose ofcarrying out of the provisions of this Act, subject suchauthorized officer to any action, liability, claim or demandwhatsoever.

Protection ofofficers

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77. (1) For the more effective carrying out of the provisions of thisAct, and notwithstanding the provisions of any other writtenlaw relating to the obstruction of roads or highways, anyauthorized officer may erect a temporary barrier across anyhighway, road, waterway, taxiway or any other place, on land orwater used as a passage for any vehicle, vessel or aircraft.

(2) Every pedestrian or person in charge of a vehicle, vesselor aircraft on approaching such barrier shall, on beingrequired to do so by an authorized officer, stop or bringsuch vehicle, vessel or aircraft to a standstill.

(3) Every person so required to stop or any person on boardof such vehicle, vessel, or aircraft shall allow theauthorized officer to carry out such inspection as may benecessary to ensure that no offence under this Act hasbeen committed.

(4) Any person who fails to comply with any of theprovisions of this section, or who fails to comply withany lawful order given by an authorized officer shall beguilty of an offence and shall be liable on conviction toimprisonment for a term not exceeding three years.

Erection ofbarriers

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78. (1) Where any person is convicted of an offence under this Act,the court shall order forfeiture to the Government of-

(a) any animal or trophy in respect of which the offence wascommitted;

(b) any weapon in the possession or under the control of theaccused at the time when the offence was committed,whether or not there is any evidence to show that suchweapon was actually employed by the accused in thecommission of the offence;

(c) any article or thing used for the storage, processing,preparing, cooking or otherwise dealing with any animal,meat or trophy in relation to which the offence wascommitted;

(d) any vehicle, vessel, aircraft, tent, campaign equipment orother article or thing whatsoever in respect of which thecourt is satisfied that it was used or employed in thecommission of the offence or for the conveyance orstorage of any animal, meat or trophy in relation to whichthe offence was committed or for the conveyance orcomfort of the accused while engaged in the commissionof the offence;

(e) in the case of a conviction for an offence relation to aGovernment trophy, any vehicle, vessel or aircraft inwhich the government trophy was found.

(2) The court shall order forfeiture in accordance with theprovisions of subsection (1), notwithstanding that the vehicle, vessel,aircraft, weapon, article, or thing to be forfeited was owned by a personother than the accused:

Provided that where on the application of the owner of a vehicle,vessel or aircraft the court is satisfied-

(a) that the owner did not know and could not by reasonablediligence have known that the vehicle, vessel or aircraftwas intended by the accused to be used or employed forany of the purposes which was rendered the same liablefor forfeiture;

(b) that the vehicle, vessel or aircraft has not previously beenused for or in connection with the commission of anyoffence under this Act or the Ordinance;

(c) that having regard to all the circumstances it is just and

Forfeiture

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79. (1) Where in any trial for an offence for which a minimumsentence of imprisonment of fine is prescribed the court issatisfied that having regard to any special mitigating factor asentence of imprisonment or fine of a term or amount, as the casemay be, less than the minimum term or amount prescribedshould be imposed, the court may-(a) if the trial is before the High Court, pass such sentence of

imprisonment or fine as it deems fit;

(b) if the trial is before a court other than the High Court, thecourt may commit the accused for sentence by the HighCourt with a recommendation for leniency and statingthe grounds therefor and the High Court shall thereuponproceed to pass such sentence as it may deem fit.

(2) The provisions of subsections (2), (3), (4), (5) and (6) ofsection 5A of the Criminal Procedure Code shall apply where anaccused is committed to the High Court for sentence.

(3) In any case where a person has been convicted of anoffence under this Act by a court other than the HighCourt and sentenced to a minimum sentence ofimprisonment or fine prescribed therefor, it shall belawful for the High Court in the exercise of its appellateor revisional jurisdiction to pass a sentence of a term ofimprisonment or fine of an amount, as the case may be,les than the minimum term or amount prescribed if theHigh Court for any special mitigating factor deems it fitso to do.

(4) Where in relation to any offence in respect of which aminimum sentence of imprisonment and, in thealternative, a sentence of a fine of a minimum amount areprescribed-

(a) if the court passes a sentence of imprisonment of theprescribed minimum term or more, the court may, inaddition thereto, impose a sentence of a fine notexceeding one-half of the maximum fine prescribed inrelation to such offence;

(b) if the court passes a sentence of a fine of the prescribedminimum amount or more, the court may, in additionthereto, impose a sentence of imprisonment for a termnot exceeding one-half of the maximum term ofimprisonment prescribed in relation to such offence.

Provisionsgoverningminimumsentences

Cap. 20

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80. (1) Where a person is tried for an offence under this Act by amagistrate’s court presided over by a resident magistrate thecourt shall, notwithstanding the provisions of any other writtenlaw, have jurisdiction to impose the maximum fine prescribed inrespect of such offence.

(2) Notwithstanding the provisions of any written law acourt established for any district or area of Mainland Tanzania may try,convict and punish or acquit a person charged with an offencecommitted in any other district or area of Mainland Tanzania.

Jurisdiction ofcourt

81. The Director and every officer of the Game Department of orabove the rank of Game Assistant shall have the power toconduct prosecution for an offence under this Act or anysubsidiary legislation made hereunder and shall for that purposehave all the powers of public prosecutor under the CriminalProcedure Act.

Power toprosecute

Cap. 20

(d) Compounding

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82. (1) This section shall apply to any offence under this Act orunder any regulations under this Act other than an offence inrespect of which a minimum sentence of a fine or imprisonmentis prescribed.

(2) The Director may, where he is satisfied that any personhas committed an offence to which the section applies,compound such offence by requiring such person tomake payment of a sum of money:

Provided that-(a) such sum of money shall not be less than two thousand

shillings but not exceeding fifty thousand shillings;

(b) the power conferred by this section shall only beexercised where the person admits in writing that he hascommitted he offence and that he agrees to the offencebeing compounded under this section;

(c) the Director shall give to the person from whom hereceives such amount of money, a receipt thereunder.

(3) Where the Director compounds any offence under thissection he may order the forfeiture of-

(a) the animal, meat or trophy in relation to which theoffence was committed;

(b) any weapon, article or thing used in the commission ofthe offence or for the storage, processing, preparing orcooking of the animal, meat or trophy in relation towhich the offence was committed.

(4) Where an offence is compounded in accordance with theprovisions of subsection (2) and proceedings are broughtagainst the offender for the same offence, it shall be agood defence for such offender if he proves to thesatisfaction of the court that the offence with which he ischarged has been compounded under subsection (2).

(5) Where any person is aggrieved by any order made undersubsection (2) or (3), he may, within thirty days of suchorder being made, appeal against such order to the HighCourt and the provisions of Part X of the CriminalProcedure Act shall apply mutatis mutandis to everysuch appeal as if it were an appeal against sentencepassed by a district court in the exercise of its originaljurisdiction.

Director maycompound certainoffences

Act No. 19 of 1992Schedule

Cap. 20

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PART IXMISCELLANEOUS PROVISIONS

83. (1) Where in any proceedings under this Act conviction isobtained the court may, on the recommendation in writing bythe Director, award a sum of money to the person or personswho gave information leading to the conviction:

Provided that-

(a) the sum of money awarded as a reward to any person orthe aggregate of such sums awarded to more than oneperson in any one case shall not exceed-

(i) one-fourth of the fine or the aggregate of the finesimposed in that case; or

(ii) one-fourth of the value of the trophy or thetrophies forfeited to the government consequentupon such conviction; or

(iii) three thousand shillings,

whichever is the smallest sum of money;

(b) the reward shall not be paid until after the expiry of theperiod within which the person convicted may appealagainst his conviction;

(c) notwithstanding the provisions of paragraph (b), thereward may be paid as soon as possible in each case inwhich an order under section 70A has been made by thecourt placing the articles concerned at the disposal of theDirector.

(2) The Minister may authorize the payment of rewards topersons giving information leading to arrests and convictions foroffences under this Act and may by directions regulate the amount andthe payment of such rewards.

Rewards

Act No. 21 of 1979s.11

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83A. (1) As soon as possible after the coming into operation of thisAct, the Minister shall, after consultation with the Minister for the timebeing responsible for Home Affairs, by direction published in theGazette, provide for an appropriate procedure for the registration ofpersons previously convicted of offences and sentenced in accordancewith subsection (2).

(2) As soon as possible after the publication of directionunder subsection (1), the Director shall cause to be registered the nameof every person who, within three years prior to the coming intooperation of this Act, was convicted of any of the offences, andsentenced to the extent, specified in section 83B (1), together with theparticulars required to be registered under that section in respect of eachof those persons.

Registration ofpast offendersAct No. 21 of 1978s.12

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83B. (1) If any person is convicted of an offence against this Act,consisting of-

(a) hunting, capturing, killing or wounding any animal inany game reserve or game controlled area, without thepermission in writing of the Director;

(b) hunting any specified animal or scheduled animalwithout a licence or, as the case may be, a permit grantedby the Minister;

(c) unlawfully hunting any specified or schedule animal; or

(d) Being in unlawful possession of, or unlawfully havingunder his control, custody or care, any animal or trophy,

and is sentenced to imprisonment for a term of two or more years, theDirector shall cause to be registered in respect of that person-

(i) his name;

(ii) his address, if any, or his place of domicile within theUnited Republic;

(iii) the nature of the offence he committed; and

(iv) the fine, forfeiture or other penalty imposed on him.

(2) Every person leading the case for prosecution of a personwho is convicted of any of the offences, and sentenced tothe extent, specified in subsection (1) shall, as soon aspracticable after such conviction, notify the Director orhis representative of that conviction and of suchparticulars as the Minister may, after consultation withthe Minister for the time being responsible for HomeAffairs by order in the Gazette, prescribe.

(3) The Director shall cause to be kept and maintained aregister in which there shall be recorded the name ofevery person convicted of any of the offences, andsentenced to the extent, specified in subsection (1),together with the particulars required to be registeredunder that section in respect of each such person.

(4) Notwithstanding the provisions of any written law to thecontrary, the Minister for the time being responsible forHome Affairs shall, after consultation with the Minister,cause every person convicted of any of the offences, and

Continuousregistration ofoffender underthis Act

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84. (1) The Minister may make regulations for the better carryingout of the purposes of this Act and for the better conservation ofwildlife, and without prejudice to the generality of the foregoingmay make regulations-

(a) prescribing the forms of applications for licences,permits, certificates and other documents which may begranted or issued under this Act;

(b) prescribing the forms and the fees for licences, permits,certificates and other documents which may be grantedor issued under this Act;

(c) prescribing or providing for anything which may beprescribed or provided for by regulations.

(2) There may be annexed to the breach of any subsidiarylegislation made under this Act a penalty not exceeding a fine of fifteenthousand shillings or a term of imprisonment not exceeding three yearsor both such fine and such imprisonment.

Regulations andother subsidiarylegislation

85. (1) [The Fauna Conservation Ordinance is repealed.]

(2) Where after the commencement of this Act any person isconvicted of an offence under the Ordinance he shall, notwithstandingthe provisions of any other written law, be liable to be punished as if hewere convicted of the corresponding offence under this Act.

Repeal andtransitionalprovisions Cap.302

86. Subject to the provisions of subsection (2) of section 85, theMinister may at any time within twelve months after thecommencement of this Act, by order in the Gazette, make suchfurther transitional provisions consequent upon the repeal andreplacement of the Ordinance by this Act as he may deemnecessary and in the event of any conflict between any provisionof any such order and section 14 or section 15 of theInterpretation of Laws and General Clauses Act, 1972 theprovision of the order shall prevail.

Minister maymake furthertransitionalprovisions

Acts 1972 No. 30

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FIRST SCHEDULE________

(Section 10(2) and Section 18(2)

Sn. Swahili Name English Name Scientific Name

PART I

1. Chui … … … … Leopard … … … Paenthera ((Felis) Pardus(limacus)

2. Faru … … … … Rhinoceros … … Dicerous bicornis (Linnaeus)

3. Mbuzi-mawe (Nguru) … Klipspringer … … Oreotragus oreotraguszimmermann

4. Nzobe … … … Sitatunga … … Limnotragus spekeii (P.L. Sclater)

5. Pundamilia … … Zebra … … … Equus (Hippotigris) burchelliiMatschie

6. Sheshe … … … Puku … … … Kobus (Adenota) vardoni(Livingstone)

7. Simba … … … Lion … … … Panthera (Felis) leo (Linnaeus)

8. Simbamangu … … Caracal … ……

Felis (Lynx) caracal (Schreber)

9. Swalatwiga … … Gerenuk … … Litocranius walleri (Brooke)

10. Tandala mdogo ……

Lesser Kudu … … Tragelaphus imberbis Blyth

11. Tembo (ndovu) … … Elephant … … Loxodonta Africana (Blumembach)

12. Tohe-milima … … Mountain-Reedbuck … Redunca fulvorufula (Afzelius)

13. Wanyama wa Rais … National Game … … --

PART II

1. Choroa … … … Oryx … … … Oryx beisa callotis (Thomas)

2. Kiboko … … … Hippopotamus ……

Hippopotamus amphibious(Limaeus)

3. Korongo … … Roan … … … Hippotragus equines (Desmarest)

4. Kuro-ndogoro … … Waterbuck-common … Kobus ellpsipymnus (Ogilby)

5. Kuro-singsing … … Waterbuck-defassa … Kobus defasra (Reppell)

6. Mamba … … Crocodile-Nile … … Crocodilus noloticus

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7. Mbuni … … … Ostrich … … … Struthio camelus Linnaeus

8. Mbwa-mwitu … … Wild dog … … Lycaon-pictus (Temminck)

9. Nyamera … … Topi … … … Damaliscus korrigum (ogilby)

10. Nyati (mbogo) … … Buffalo … … … Syncurus caffer caffer (sparrman)

11. Palahala (mbarapi) … Samble … … … Hippotragus niger (Harris)

12. Pofu (Mbunju) … … Eland … … … Taurotragus oryx (Pallas)

13. Tandala mkubwa … Greater Kudu … … Tragelophus strepsiceros (Pallas)

PART III

- Wanyama wengine wote All other animals … -

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SECOND SCHEDULE

_____________(Section 21)

A.- BIG GAME


1. Digidigi (Suruya) … Dikdik … … … Rynchotragus kirkii

2. Dondoro … … Steinbeck … … Raphiceros campetris

3. Kongoni … … Hartebeest … … Alcelaphus buselaphus 4. Mindi … … … Abbbot’s Duiker … Cephalophus spadix 5. Ndimba … … Blue Duiker … … Cephalophus monticola 6. Ngiri (mbango) … … Warthog … … Phacochoerus aethiopicus 7. Nguruwe mwitu ... Wild big … … Polamochoerus porcus 8. Nsya (ngorombwe) … Common Duiker … Sylvicapra grimmia 9. Nungunungu … …. Porcupine … … Hystrix galeata 10. Nyamera … … Topi … … … Damaliscus korrigum 11. Nyati (Mbogo) … … Buffalo … … … Syncerus caffer caffer12. Nyumbu … … Wildebeest … … Connochaetes taurinus 13. Paa (suni) … … Pigmy antelope …

…Nesotragnus moschatus

14. Pimbi … … … Rock hyrax … … Heterohyrax/Procavia 15. Pofu (mbunju) … … Eland … … … Taurotragus oryx 16. Pongo (mbawala) … Bushbuck … … Tragelaphus scriptus 17. Swalagranti … … Grant … … … Gazelle grantii 18. Swalapala … … Impala … … … Aepyceros melgampus 19. Swalatomi … … Tommy … … Gazela thomsonii20. Sungura … … Hare … … … Lepus capensis 21. Taya (kihea) … … Oribi … … … Ourebia ourebi 22. Tohe Ndope … … Bohor-reedbuck … Redunca redunca 23. Tohe-Kusi … … Southern reedbuck … Redunca arundinum

B.- UPLAND GAME (BIRDS)


I. MABATA DUCKS AND GEES ANATIDAE

1. Kotwe … … .. White-backed duck … Thalasornis 2. Maccoa duck … … Oxyura 3. African pochard … Aythya 4. Bata-miti … … Tree ducks … … Dendrocygna 5. Salili … … … Wigeons and Teals … Anas 6. Pigmy goose … … Netapus 7. Bata Bukini … … Spurwing goose …

…Sarkidiornis

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8. Knob-billed goose … Alopochen 9. Egyptian goose … … Plectropterus

II. KWALE NA KANGA FRANCOLINS AND

GUINEA FOWLS PHASIANIDAE

10. Kwale … … … Francolins … … Francollinus 11. Keren’gende … … Spur fowl … … Pternistis 12. Stone-partridge …

…Ptilopachus

13. Tomboro … … Quail … … … Cortunix 14. Blue-quail … … Excal-factoria 15. Kanga … … … Helmeted Guinea fowl … Numida 16. Vulturine Guinea fowl … Acryllium 17. Kororo … … … Crested Guinea fowl … Guttera

III. Tandawala Lesser bustards Otididae 18. Tandawala … … White-bellied bustards … Eupodotis 19. Black-bellied bustards … Lissortis 20. Buff-crested bustards … Lophotis

IV. SULULU PAINTED-SNIPE ROSTRATULIDAE

21. Sululu … … … Painted-snipe … … Rostratula

. V. SULULU SNIPE SCOLOPACIDAE

22. Sululu … … … Snipe … … … Capella

VI. FIRIGOGO SANDGROUSE PTEROCLIDIDAE

23. Firigogo … ……

Chestnut bellied-sand-grouse Pterocles

24. Yellow-throated-sand-grouse Eremialector

VII. NJIWA PIGEONS COLUMBIDAE

25. Ninga … … … Specled/olive pigeons … Columba 26. Tetere … … … Doves … … … Streptopelia 27. Hua/Pugi … … Wood-doves … … Turtur 28. Njiwa … … … Green pigeons … … Treron

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THIRD SCHEDULE ______________

(Section 21)

A. – BIG GAME


1. Bweha-dhahabu … Golden jackal … … Canis aueus

2. Bweha-masikio … … Bat-eared Fox … … Otocyon megalotis 3. Bweha-miraba … … Striped Jackal … … Canis adu tus 4. Bweha-shaba … … Silver-backed Jackal … Canis mesomelas 5. Chatu … … … Python … … … Python sebae 6. Choroa … … … Oryx … … … Oryx gazelle callotis 7. Chui … … … Leopard … … Panthea (Feus) pardus 8. Digidigi (suguya) … Dikdik … … … Rynchhotragus kirkii 9. Dondoro … … Steinbuck … … Raphiceros compestris 10. Dondoro-shapi …

…Sharpe’s grysbok … Nototragus sharpie

11. Faru … … … Rhinoceros … … Diceros bicornis 12. Fisi-(kingugwa)

…Spotted-Hyena … … Crocuta crocuta

13. Fisi-maji … … Otter … … … Aonyxflutra 14. Fungo … … … Civet-cat … … Civettictis civetta 15. Funo (mbutuka) … Red-duiker … … Cephalophus natalensts 16. Kalunguyeye … … Hedgehog … … Erinaceus pruneri 17. Kamendegere … … Jumping hare … … Pedetes surdaster 18. Kanu … … … Genet cat … … Genetta genetta 19. Kiboko … … … Hippopotamus …

…Hippopotamus amphibious

20. Kicheche … … Zorilla … … … Ictonyx striatus 21. Kima … … … Blue monkey … … Cercopithecus spp.22. Kima-sykes … … Sykes blue monkey … Cercopithecus spp.23. Kimburu … … Wild cat … … Felis lybica 24. Komba … … … Galago (Bush-babby) Galago senegalensis 25. Kongoni … … Cokes Hartebeest … Alcelaphus buselaphus cokei26. Konzi … … … Lichtenstein’s Hartebeest Alcelaphus buselaphus lichtensteinii 27. Korongo … … Roan Antelope … … Hipotragus aequinus 28. Kuro-ndogoro … … Common water-buck … Kobus ellipsiprymus 29. Kuro-singsing … … Defassa waterbuck … Kobus defassa 30. Mamba … … Nile Crocodile … … Crocodilus niloticus 31. Mbega-mweupe … Colobus Monkey (B & W) Colobus spp.32. Mbuni … … … Ostrich … … … Struthioformes cannelo-pardalus 33. Mbuzimawe (Nguru) Klipspringer … … Oreotragus oreotragus 34. Mbwa-mwitu … … Wild dog … … Lycaon pictus 35. Mindi … … … Abbbott’s Duiker … Cephalophus spadix 36. Mondo … … … Serval cat … … Felis serval 37. Ndimba … … Blue Duiker … … Cephalophus monticola 38. Ngiri (mbango) …

…Warthog … … Phacochoerus aesthipicus

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39. Nguchiro … … Mongoose … … Viverridae 40. Nguruwe … … Bush-big … … Potamochoerus porcus 41. Nguruwe-kuu … … Giant Forest Hog … Hylochoerus meinertzha geni42. Nsya (Ngorombwe) … Common Duiker … Sylvicapra grimmia 43. Nunguri … … Porcupine … … Hystrix galeata 44. Nyamera … … Topi … … … Dmaliscus korrigum jimela 45. Nyani-mwekundu … Olive-Baboon … … Papio anubis 46. Nyani-njano … … Yellow-Baboon … … Papio cynocephalus 47. Nyati (Mbogo) … … Buffalo … … … Syncerus caffer caffer 48. Nyegere … … Ratel (h.b) … … Mellivora capensis49. Nyumbu-kidevu cheupe Wildebeest (w.b) … Connochaetes taurinus albojubatus 50. Nyumbu-kusi … … Nyasa Wildebeest … Connochaetes taurinus taurinus 51. Nzohe … … … Sitatunga … … Tragelaphus spekei 52. Paa (suni) … … Pigmy Antelope … Nesotragus moschatus 53. Palahala (mbarapi) … Sable Antelope … … Hippotragus niger 54. Pelele (wibari) … … Tree Hyrax … … Dendrohyras aboeus 55. Pimbi (kwanga) … Rock Hyrax … … Heterohyrax/procavia 56. Pofu (mbunju) … … Eland … … … Taurotragus oryx 57. Pogo (mbawala) … Bushbuck … … Tragelaphus scriptus 58. Pundamilia … … Zebra … … … Equus burchelii 59. Sheshe … … … Puku … … … Adenota vardoni 60. Simba … … … Lion … … … Panthera (Felis) leo 61. Simba-mangu … … Caracal … …

…Felis caracal

62. Swalagranti … … Grant’s Gazelle … … Gazela grantii 63. Swalapala … … Impalla … … … Aepyceros melampus 64. Swalatomi … … Tomson’s Gazelle … Gazelle thomsonii 65. Swalatwiga … … Gerenuk … … Litocraneous walleri 66. Sungura … … African Hare … … Lepus capensis 67. Tandala-mkubwa … Greater Kudu … … Strepsiceros strepsiceros 68. Tandala-mdogo … Lesser Kudu … … Strepsiceros imberbis 69. Taya (Kihea) … … Oribi … … … Ourebia ourebi 70. Tembo (nduvu) … … Elephant … … Loxodonta Africana 71. Tohe-kusi … … Southern Reedbuck … Redunca arumdinum 72. Tohe-milima … … Mountain Reedbuck … Redunca fulvorufula 73. Tohe-ndope … … Bohor Reedbuck … Redunca redunca 74. Tumbili … … Vervet Monkey …

…Cercopithecusioethiops

B. – UPLAND GAME (BIRDS)


1. I. MABATA DUCKS AND GEESE ANATIDAE

2. Kotwe … … … White-backed duck … Thallasornis3. Maccoa duck … … Oxyura

African pochard Anythya

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4. Bata-miti … … Tree ducks … … Pendrocygna 5. Salili … … … Wigeons and Teals … Anas 6. Pigmy goose … … Netapus7. Bata Bukini … … Spurwing goose …

…Sarkidiornis

8. Knob-billed goose … Alopochen

9. Egyptian goose … … Plectropterus II. KWALE NA KANGA FRANCOLINS AND

GUINEA FOWLS PHASIANIDAE

10. Kwale … … … Francolins … … Francollinus 11. Kereng’ende … … Spurfowl … … Pternistis 12. Stone-partridge … … Pilopachus 13. Tomboro … … Quail … … … Cortunix 14. Blue-quail … … Excal-factoria 15. Kanga … … … Helmeted Guinea fowl … Numida 16. Vulturine Guinea fowl … Acryllium 17. Kororo … … … Crested Guinea fowl … Guttera

III. TANDAWALA LESER BURTARDS OTIDIDAE

18. Tandawala … … White-bellied bustards … Eupodotis 19. Black-bellied bustards … Lissortis 20. Buff-crested bustards … Lophotis

IV. SULULU PAINTED-SNIPE ROSTATULIDAE21. Sululu … … … Painted-snipe … … Rostratula

V. SULULU SNIPE SCOCOPACIDAE

22. Sululu … … … Snipe … … … Capella

VI. FIRIGOGO SANDGROUSE PTEROCLIDIDAE

23. Firigogo … … Chestnut beeliedsand-grouse … … …

Pterocles

24. Yellow-throated-sand-grouse … … …

Eremialector

VII. NJIWA PIGEONS COLUMBIDAE 25. Ninga … … … Specledlolive pigeons … Columba 26. Tetere … … … Doves … … … Streptopelia 27. Hua/Pugi … … Wood-doves … … Turtur 28. Njiwa … … … Greed pigeons … … Treron

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FOURTH SCHEDULE_________(Section 48)

DANGEROUS ANIMALS


1. Chui … … … Leopard … … Panthera pardus (Linnaeus)

2. Faru … … … Rhinoceros … … Diceros bicornis (Linnaeus)

3. Kiboko … … … Hippopotamus ……

Hippopotamus amphibious(Linnaeus)

4. Nyati (mbogo) … … Buffalo … … … Syncerus caffer (Sparrman)

5. Simba … … … Lion … … … Panthera lec (Linnaeus (B))

6. Tembo (nduvu) … Elephant … … Loxodonta Africanalu-membach)

_________________

Impetitishwa katika Bunge la Taifa tarehe kumi na moja Juni, 1974

M. MWINDADIActing Clerk to the National Assembly

Disclaimer:

This Act is limited for the official use of GTZ, and it may not be relied upon or describedor quoted by any other person, or entity other than GTZ.

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Documents

THE WILDLIFE CONSERVATION ACT ARRANGEMENT OF …wildlife-baldus.com/download/Wildlife Conservation Act Tanzania.pdf · Laws of Tanzania Wildlife Conservation Act THE WILDLIFE CONSERVATION