PART VII
WILDLIFE PROTECTED AREAS AND GENERAL RESTRICTION
Game reserve, wetlands area, wetlands reserve and game controlled area
28. Establishment of game reserves.
(1) The President may, after consultation with relevant authorities, and by order, in the Gazette declare any area of Tanzania to be a game reserve.
(2) The President may, by order in the Gazette, apply any condition applicable to a game reserve to any area of Tanzania with a potential for wildlife resources and upon such order being made the condition specified therein shall apply to the area in relation to which an order is made as if such area was a game reserve, and any contravention of such condition or in relation to such area shall be punishable accordingly.
(3) For the purposes of giving effect the provisions under this section, any person who has a right in any land within an area declared to be a game or wetland reserve shall be entitled to compensation as per the provisions of the Land Acquisition Act, [Cap 118 R.E 2002] and the Land Act [Cap 113 R.E 2002].
29. Restriction on entry into a game reserve.
(1) Any person other than a person travelling through the reserve along a highway or designated waterway shall not enter a game reserve except by and in accordance with the written authority of the Director General previously sought and obtained.
(2) Any person who contravenes any provision of this section or any condition attached to any authority granted under subsection (1), commits an offence and on conviction shall be liable to imprisonment for a term of not less than three years and a fine of not less than one million shillings.
30. Restriction on possession of weapons in a game reserve.
(1) A person shall not possess a firearm, bow, arrow or any other weapons in a game reserve without the written permission of the Director General previously sought and obtained.
(2) A person who contravenes subsection (1) shall:
a) in case of possession of a bow, arrow or any other weapon be liable to a fine of not less than two million shilling or to imprisonment for a term of not less than four years;
b) in case of possession of a single action fire arm be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than five years or to both such fine and imprisonment.
c) in case of possession of automatic fire arms be liable to imprisonment for a term of not less than ten years and a fine of not less than ten million shillings or to both such fine and imprisonment.
31. Establishment and management of game controlled areas, wetland reserves and wetland areas
(1) Subject to section 4(2) of the Land Act, the Minister may, after consultation with the relevant local authorities, and by order in the Gazette, declare any area of land in Tanzania to be a game controlled area.
(2) The Minister may, by regulations in the Gazette, provide for the management of game controlled areas.
(3) Subject to subsections (1) and (2) of section 56 of the Environmental Management Act, the Minister may, in consultation with the Minister responsible for environment, establish an area in a protected wetland to be a wetland reserve and cause to be made regulations and guidelines prescribing for their sustainable management.
(4) The Minister may, in consultation with the Minister responsible for Environment cause to be made, regulations and guidelines prescribing for establishment of sustainable management of wetland areas
32. Protection of vegetation in game reserve and wetlands reserve
(1) A person shall not willfully or negligently cause any bush or grass fire, or fell, cut, burn, injure or remove any standing tree, shrub, bush, grass, sapling, seedling or any part thereof in a game reserve except in accordance with the written permission of the Director General previously sought and obtained.
(2) Any person shall not graze any livestock in a game reserve or wetlands reserve.
(3) Any person who contravenes the provision of subsection (1) commits an offence and on conviction shall be liable to a fine of not less than one million shillings or to imprisonment for a term of not less than three years or to both such fine and imprisonment.
(4) Any person who contravenes the provision of subsection (2) commits an offence and upon conviction shall be liable to a fine not less than fifty thousand shillings per head of livestock or imprisonment for a term of not less than five years or to both such fine and imprisonment;
33. Hunting in game reserve, game controlled area or wetlands reserve
(1) A person shall not, save with the permission in writing of the Director General, previously sought and obtained and in the manner specified in writing, hunt, burn,
capture, kill, wound or molest any animal or fish in any game reserve, game controlled area or wetlands reserve.
(2) Any person who contravenes the provisions of this section or any condition attached to any authority granted under subsection (1), commits an offence and on conviction shall be liable –
(a) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part I of the First Schedule to this Act, to imprisonment for a term of not less than five years and the court may, in addition thereto, impose a fine of two million shillings or;
in the case a conviction relates to the hunting, capture or killing of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a term of not less than four years but and the court may, in addition thereto, impose a fine of not less than one million five hundred thousand shillings
(b) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part III of the First Schedule to this Act, to imprisonment for a term of not less than three years and in addition the court may impose a fine of not less than one million shillings ; and
(c) in the case of any other offence, to a fine of not less than one million shillings or to imprisonment for a term of not less than three years.
34. Other restrictions in game reserve, wetlands reserve and game controlled area
(1) Any person shall not do any of the following activities within any game reserve, wetlands reserve or game controlled area –
(a) settle, dig, lay, or construct any pitfall, net, trap, snare or use other device whatsoever, capable of killing, capturing or wounding any animal;
(b) carry or have in his possession or under his control any weapon in respect of which he fails to satisfy the Director General that it was intended to be used for a purpose other than hunting, killing, wounding or capturing of an animal; or conduct crop cultivation.
(2) Any person shall not collect sand, prospect or mine on any game reserve.
(3) Notwithstanding the provisions of subsection (2), a person may prospect or mine in a game reserve if the undertaking involves or is intended for prospecting or mining of -
(a) oil;
(b) gas; or
(c) uranium;
Provided that -
(i) Environmental Impact Assessment has been conducted in accordance with the Environment Management Act;
(ii) Protection cost has been paid by the investor as shall be prescribed in the regulations; concession fee has been paid in accordance with the regulations made by the Minister; and the Government is the initiator of such undertaking.
(4) Any person who contravenes the provision of this section commits an offence and on conviction shall be liable to a fine of not less than two million shillings or to imprisonment for a term of not less than three years or to both such fine and imprisonment.
35. Restriction on grazing livestock in a game controlled area
(1) Any person shall not, save with the written permission of the Director General previously sought and obtained, graze any livestock in any game controlled area.
(2) Any person who contravenes the provision of this section commits an offence and shall be liable on conviction to a fine of three hundred thousand shillings per head of livestock or to imprisonment for a term of not less than 3 years or to both such fine and imprisonment.
