New Regulations signed for all non-consumptive wildlife use in Game Reserves & on Village Lands - SWAHILI TRANSLATION AVAILABLE

PLEASE NOTE THAT AS OF SEPTEMBER 2008 - AN AMMENDED SCHEDULE AND SET OF REGULATIONS WERE ISSUED BY THE MINISTRY OF NATURAL RESOURCES AND TOURISM. PLEASE CLICK HERE FOR FURTHER INFORMATION.

The Minister of Natural Resources and Tourism has signed a new set of regulations for all non-consumptive wildlife use in Game Reserves and on Village Lands. It is understood that these regulations were signed in September by the Minister.

These regulations give powers to the Director of Wildlife to control all non-consumptive wildlife use on village land and set out schedules for the payment of fees and other applicable charges.

Because of their implications for all current non-consumptive wildlife use (i.e. tourism) on village lands (i.e. in WMAs and on village land that is also a Game Control Area or Open Area), and the impact this is likely to have on villages, Wildlife Management Area associations and tourism businesses, an extensive excerpt of the regulations is provided below.

The full English language regulations can be downloaded by clicking here:

The full SWAHILI language regulations can be downloaded by clicking here: (new)

No non-consumptive wildlife utilization without a licence or permit
4. A person shall not engage in non-consumptive wildlife utilization in any area, unless he has a permit granted under these regulations.

Application for non consumptive wildlife utilization activities
5.-(1) Any person intending to conduct or undertake investment in the form of constructing a tented camp or a lodge, business, research and educational activities in non-consumptive wildlife utilization shall apply to the Director in a form set out in the First Schedule to these Regulations.

(2) Subject to sub-regulation (1), no person shall operate non-consumptive wildlife utilization without a license issued under the Tourism Agents Licensing Act or any other licence allowing the holder to operate a facility or any other tourism business from the Director of Tourism.

Granting of a permit on condition
6.-(1) The Director may grant a non-consumptive wildlife utilization permit to the applicant on such terms and conditions upon payment of fees as may be prescribed under these Regulations.

(2) A non-consumptive wildlife utilization permit issued by the Director under sub-regulation (1) shall be valid only in relation to the areas and period prescribed in the permit.

Special permission
7. The Director may, upon application and with the consent of the Minister, grant special permission to individuals or group of individuals for non-consumptive wildlife utilization other than activities prescribed in regulation 5.

Non-consumptive wildlife utilization in game sanctuary, zoo, etc
8.-(1) The Director may, upon application, grant permission to owners of game sanctuary, zoo, wildlife farm, wildlife ranch and other similar establishments to conduct non-consumptive wildlife utilization.

(2) A person who has been granted a permission under sub regulation (1) of regulation 8 shall protect the surrounding environment against pollution which may endanger the ecological integrity of the area.

Conditions for business and investment
9. Subject to regulations 6 and 8, the applicant for business or investment shall be required to :-

(a) own a company registered by a competent authority in Tanzania;
(b) have established office premises;
(c) have capacity to carry out the business of non-consumptive wildlife utilization;
(d) comply with the general management plan of the area;
(e) obtain an EIA approval from a competent authority where applicable;
(f) sign an agreement with the Director on the modalities of owning the investment and operations;
(g) pay fees as may be prescribed by the Director and
(h) comply with any other condition as may be prescribed by the Director.

Conditions for research and education activities
10. Subject to regulations 7 and 8, the applicant for research or educational activities shall be required to submit to the Director the -

(a) research permit from competent authorities;(b) research proposal;(c) letter of affiliation from any recognised educational institution in Tanzania; and(d) upon completion of the activity, submit research findings, reports and samples to the Director and the Tanzania Wildlife Research Institute.

PART III - FEES

14.-(1) Every activity conducted in game reserves, controlled areas, Wildlife management areas and open areas outside Ngorongoro Conservation Area and those under TANAPA, as provided for or specified under these Regulations shall be charged such fees as the Director may direct.

(2) Without prejudice to sub regulation (1), the Third and Fourth Schedules to these Regulations shall have effect in respect of the activities provided hereunder-

(a) entry of person
(b) commercial photographing, filming or development of a documentary in game reserves;
(c) special, established campsites and fly camping in game reserves;
(d) entrance of motor vehicles, motor boats, raft, canoe and any other mechanically propelled object or equipment in game reserves;
(e) walking safari in a game reserve;
(f) night game drive in a game reserve;
(g) sport fishing in game reserves;
(h) tour guiding in game reserves;
(i) landing aircrafts and balloons in game reserves;
(j) wildlife conservation and user right

(3) Night game drives shall be conducted in the period between sunsets to 21:00 hours only.

(4) Any person who fails to pay any fee within prescribed time under these Regulations shall pay an additional ten percent of the fee due within fourteen days of notification.

(5) Any person who fails to comply with the requirement of sub regulation

(4) within the prescribed time shall further be liable to pay additional thirty percent of the prescribed fee within fourteen days of the notification.

(6) Any person who fails to comply with the requirement provided for in subsection (5) commits an offence and shall on conviction be liable to imprisonment for a term of not exceeding six months.

(7) In addition to the sentence under sub regulation (5), the court shall order the payment of the fees due under sub regulation (4).

PART IV - VARIATION, SUSPENSION OR REVOCATION OF A PERMIT

Variation, suspension or revocation of permit
15.-(1) The Director may, upon contravention by an operator of any of provisions of these Regulations, revoke, suspend or vary any permit or conditions of a permit granted to him under these Regulations.

(2) Where the Director revokes, suspends or varies any permit granted under these Regulations shall notify the holder of the permit in writing stating reasons for his decision

16.-(1) The permit holder shall, within thirty days, have the right after receiving notification under Regulation 13 show cause within thirty days to the Director why the permit should not be varied or revoked.

(2) The Director shall, within sixty days, upon receipt of the complaints re-consider or reject the submission.

Appeal to the Minister
17.-(1) A person who is aggrieved by the decision of the Director under regulation 16 may, within thirty days after receiving notification from the Director, appeal to the Minister.

PART V - OFFENCES AND PENALTIES

Offences and penalties
18. Unless otherwise provided, a person who contravenes the provisions of these Regulations commits an offence and on conviction shall be liable to a fine not less than one million shillings or to imprisonment for a term of not less than six months or to both.

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FOURTH SCHEDULE (Made under regulation 14)

NON-CONSUMPTIVE WILDLIFE UTILIZATION FEES IN A GAME CONTROLLED AREA, WILDLIFE MANAGEMENT AREA, OPEN AREA

A: GAME VIEWING FEES

(1) GAME CONTROLLED AREA AND WILDLIFE MANAGEMENT AREA

(2) OPEN AREA

B: FEES FOR CAMPING IN A GAME CONTROLLED AREA, WILDLIFE MANAGEMENT AREA

(1) GAME CONTROLLED AREA AND WILDLIFE MANAGEMENT AREA

(a) Fees for Established Camp Site

(b) Fees for Special/Fly Camp Site

(2) OPEN AREA

(a) Fees for Established Camp site

(b) Fees for Special/Fly Camp site

C: FEES FOR FILMING OR CINEMATOGRAPHY IN A GAME CONTROLLED AREA, WILDLIFEMANAGEMENT AREA AND OPEN AREAB: FILMING OR CINEMATOGRAPHY FEE

Filming/cinematography fee

* Filming/cinematography fee covers entrance, camping and filming fees.

D: FEES FOR MOTOR VEHICLE, MOTOR BOAT, RAFTING, CANOEING AND WALKING SAFARIS IN A GAME CONTROLLED AREA AND WILDLIFE MANAGEMENT AREA AND OPEN AREA

(i)

Fees for Motor vehicle

(ii) Fees for Motorboat

Motorboats above 50 HP are not allowed

(iii) Fees for Rafting/Canoeing

(iv) Fees for Walking Safari

(v) Fees for Night Game Drive

(vi) Fees for Sport fishing in a Game Controlled Area and Wildlife Management Area

E: GUIDING FEE IN A GAME CONTROLLED AREA AND WILDLIFE MANAGEMENT AREA

(a)

Fees for Government employed guides

(ii) Fees for Professional Guides

*Guide who is not an employee of a camp/lodge/hotel located in a game controlled area, wildlife management area and Open Area**Guide who is an employee of a camp/lodge/hotel located in a game controlled area, Wildlife management area and Open Area

(iii) Fees for Traditional Guides

F: AIRCRAFT AND BALOON FLIGHT FEE IN A GAME CONTROLLED AREA AND WILDLIFE MANAGEMENT AREA

(i) Fees for Aircraft Landing

(ii) (a) Fees for Balloon Operations

(ii) (b) Fees for Balloon Flights

G: WILDLIFE CONSERVATION FEE AND USER RIGHT FEEIN OPEN AREAS OUTSIDE NATIONAL PARKS, NGORONGORO CONSERVATION AREA AND GAME RESERVES

(i) Wildlife conservation fee

On top of other prescribed fees, a conservation fee of USD 15 per person per day shall be charged as you enter the Game Reserve. A minimum deposit of $25,000.00 non-refundable conservation fee shall be paid to the Director of Wildlife on behalf of Wildlife Management Areas and Local Government Authority. The fee will be subjected to benefit sharing formula.

**Other payments and payment modalities as per contract agreement between respective authority and investor.

(ii)

Wildlife user right fee in zoo, wildlife farms, wildlife ranch, game sanctuary and other similar establishment(without any of the following animals: lion, leopard, rhinoceros, hippopotamus, buffalo, elephant, poisonous snake and insect)

(iii)

Wildlife user right fee in zoo, wildlife farms, wildlife ranch, game sanctuary and other similar establishment(with any of the following animals: lion, leopard, rhinoceros, hippopotamus, buffalo, elephant, poisonous snake and insect)

(iv) Wildlife user right fee in zoo, wildlife farms, wildlife ranch, game sanctuary and other similar establishment (with birds, reptiles and/or insects)