This Act was repealed on 2010-07-01 by Wildlife Conservation Act, 2009.
This is the version of this Act as it was when it was repealed.
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Related documents
- Is amended by National Prosecutions Service Act, 2008
- Is repealed by Wildlife Conservation Act, 2009
Tanzania
Wildlife Conservation Act
Chapter 283
- Published in Tanzania Government Gazette
- Commenced on 1 December 1974
- [This is the version of this document as it was at 31 July 2002 to 8 June 2008.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
- [Repealed by Wildlife Conservation Act, 2009 (Act 5 of 2009) on 1 July 2010]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Wildlife Conservation Act.2. Interpretation
Part II – Officers (ss. 3-7)
3. Director of Game
4. Game officers
The Minister may appoint such number of Game Officers as, in his opinion, may be necessary for the efficient administration of this Act.5. Minister to establish the Wildlife Protection Unit
6. Functions of the Unit
The functions of the Unit shall be the protection of wildlife against unlawful hunters and, generally, the enforcement of the provisions of this Act relating to the hunting, capturing and photographing of wildlife, and the securing of trophies.[s. 4B]7. Administration of the Unit
Part III – Protected areas and general restrictions (ss. 8-23)
(a) – Game reserves and game controlled areas (ss. 8-15)
8. Establishment of game reserves
9. Establishment of game controlled areas
The Minister may, by order in the Gazette, declare any area of Mainland Tanzania to be a game controlled area.[s. 6]10. Restriction on entry into and residence in game reserves
11. Restriction on carriage of weapons in game reserves
12. Protection of vegetation in game reserves
13. Hunting in game reserve or game controlled area
14. Other restrictions applying to game reserves and game controlled areas
15. Restrictions on grazing livestock in game reserve
(b) – Partial game reserves (ss. 16-17)
16. Establishment of partial game reserve
The Director may, by order in the Gazette, declare any area of Mainland Tanzania to be a partial game reserve for any animal or class of animals (hereinafter in this Act referred to as "protected animals").[s. 13]17. Restrictions relating to partial game reserves
Any person who without the permission of the Director previously sought and obtained hunts, captures, kills, wounds or molests any protected animal in a partial game reserve commits an offence and on conviction is liable—(c) – Declaration of national game (ss. 18-19)
18. Declaration of national game
The Minister may, by order in the Gazette, declare any animal or class of animals to be a national game.[s. 15]19. Restrictions relating to national game
(d) – Close season (ss. 20-21)
20. Declaration of close season
The Minister may, by order in the Gazette, prohibit, restrict or regulate the hunting, killing or capture of any animal or class of animals in any area of Mainland Tanzania during such period as he may specify in such order (such period so specified is hereinafter referred to as "close season").[s. 17]21. Restrictions relating to close season
(e) – General provisions (ss. 22-23)
22. President may lift restrictions
The President may, by order in the Gazette, modify any of the restrictions imposed by this Part in relation to game reserves, game controlled areas and partial game reserves, and where any such order is made, the provisions of this Part shall take effect subject to the provisions of the order.[s. 19]23. Where any area is a National Park, etc.
Part IV – Hunting, capturing and photographing of animals (ss. 24-60)
(a) – Hunting of animals (ss. 24-34)
24. Interpretation
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 to this Act.[s. 21]25. President may restrict grant of licences and permits
26. No hunting without licence
Except as otherwise expressly provided in this Act, no person shall hunt any specified animal or scheduled animal except under and in accordance with the conditions of a valid game licence issued to him under this Act:Provided that the Minister may, by order, permit any person or category of persons to hunt any specified or scheduled animal without a game licence.[s. 23]27. Amendment of Second and Third Schedules
The Minister may, by order in the Gazette, amend, add to, vary or replace the Second and the Third Schedules to this Act.[s. 24]28. General provisions relating to game licences
29. Authorised associations and designated organisations
30. Issue of game licences for specified animals to authorised associations
31. Issue of game licences for scheduled animals to designated organisation
32. Minister may regulate issue of game licences
The Minister may, by regulations made under this Act—33. Provisions relating to validity of game licences
Subject to the provisions of section 31 and any regulations made pursuant to section 32, every game licence shall specify the species and number of specified or scheduled animals which may lawfully be hunted by the holder of a valid game licence and shall be valid for such period as may be prescribed.[s. 30]34. Unlawful hunting of specified or scheduled animal
Any person who—(b) – Capture of animals (ss. 35-38)
35. No animal to be captured without permit
36. Methods of capture
The Director may grant a capture permit subject to such conditions as to the method of capture, care, stabling, feeding crating and exporting of animals as he may consider fit, and shall either specify the conditions in the permit or otherwise communicate them to the person to whom the permit is issued.[s. 33]37. General provisions relating to capture permits
38. Unlawful capture of animal
Any person who—(c) – Commercial game photography (ss. 39-40)
39. Commercial game photography
40. Provisions relating to commercial game photography permit
The Director may grant a commercial game photography permit on such terms and conditions as he may specify and upon payment of such fee as may be prescribed.[s. 37](d) – General provisions relating to hunting (ss. 41-57)
41. Hunting of unscheduled animals without permit
42. Killing of young animals to be an offence
No licence, permit or authority granted under this Act shall, unless it is specifically stated be construed as authorising the holder to hunt or kill the young of any animal or any female animal which is apparently pregnant or which is accompanied by its young and any person who, holding a valid licence, permit or authority to hunt an animal of any specie, hunts the young of that specie or the female of that specie which is pregnant or is accompanied by its young shall, unless the hunting of such young or such female is expressly authorised by the licence, permit or authority, be guilty of having hunted, killed or wounded the same without a licence, permit or authority and be liable to be punished accordingly.[s. 39]43. Hunting or capture on private land
44. President's licence
45. Security for compliance with this Act
46. Licences, etc., not transferable
47. Recording of game and surrender of licence
48. Extension of licences by Director
The Director may, in his discretion, extend the period of validity of any licence, permit or other authority granted under this Act, by a period not exceeding three months if in his opinion the holder was prevented from exercising the rights thereby conferred by any reasonable cause.[s. 45]49. Refund of fees
Where in the opinion of the Director the holder of a licence, permit or other authority granted under this Act has failed to exercise any of the rights conferred thereby and it is not desirable, expedient or practical to extend the period of validity of the licence, permit or authority, the Director may, in his absolute discretion, refund the fee or any part paid for the licence, permit or authority.[s. 46]50. Animal killed by accident or in error
51. Dangerous animals
52. Wounding of animals
53. Killing animal in defence of life or property allowed
54. Defence of accidental killing or wounding or of killing or wounding in self-defence
Where in any proceedings for an offence under this Act the court is satisfied that an animal was killed or wounded by the accused, the court shall presume that the animal was killed or wounded in the course of it being intentionally hunted by the accused unless the accused proves to the satisfaction of the court that the killing or wounding was an accident beyond his control and that he had taken all reasonable precautions to avoid such an accident or that the killing or wounding was in such circumstances as to be justifiable and lawful under section 52.[s. 51]55. Destruction of animals
Notwithstanding anything to the contrary in this Act the Director may kill or authorise the killing of any animal in any place, not being a national park or the Ngorongoro Conservation Area.[s. 52]56. Director may regulate type of weapons
57. Unlawful methods of hunting
(e) – Provisions relating to licences, etc. (ss. 58-60)
58. Refusal, cancellation and suspension of licence, etc.
59. Disqualification from grant of licence, etc.
60. Licences, etc., may be issued subject to conditions
Part V – Registration of certain trophies (ss. 61-63)
61. Interpretation
In this Part—"trophy" means ivory, rhinoceros horn, hippopotamus teeth, animal tusks, animal horns and skin of any game animal; and"manufactured trophy" means any article made from any of the foregoing trophies or from any tooth, tusk, horn, bone, claw, hoof, hair, leather, egg or other durable portion of any animal.[s. 58]62. Trophy to be produced to licensing officer of the district within a month
63. Offences relating to non-registration
Part VI – Dealings in trophies (ss. 64-68)
64. No dealing in trophies without trophy dealer's licence
65. No transfer of trophy without a transfer permit
66. Export of trophy
67. Import of trophy
No person shall, except with the written authority of the Director previously sought and obtained, import any trophy:Provided that this section shall not apply to a manufactured trophy in respect of which the Commissioner for Customs is satisfied that it is the personal property of the importer and has been imported for personal use by the importer.[s. 64]68. Unlawful dealings, etc., in trophies
Any person who sells, buys, transfers, accepts, exports or imports any trophy in contravention of any of the provisions of this Part or who otherwise contravenes any of the provisions of this Part commits an offence and on conviction is liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding seven years or to both that fine and imprisonment.[s. 65]Part VII – Government trophies (ss. 69-74)
69. Government trophies
70. Possession of Government trophy unlawful
71. Duty to report possession of Government trophy
72. Disposal of Government trophy
The Director of Game shall be responsible for the disposal of all Government trophies subject to any instructions that may be given by the Minister responsible for finance, after consultation with the Minister responsible for Wildlife.[s. 69]73. Establishment of Wildlife Protection Fund
74. Establishment of Board of Trustees
Part VIII – General provisions relating to offences (ss. 75-90)
(a) – Evidentiary provisions (ss. 75-77)
75. Burden of proof
76. Disposal of trophies, etc., during proceedings
77. Where trophies belong to another person
(b) – General offences (ss. 78-80)
78. Possession of certain weapons in certain circumstances to be an offence
Any person who is found in possession of any ball ammunition, poison, snare or trap in circumstances which raise a reasonable presumption that he has used or intends or is about to use the same for the purpose of the commission of an offence under this Act shall, unless he shows lawful cause for that possession, commits an offence, and on conviction is liable to imprisonment for a term not exceeding three years.[s. 71]79. Duty to take care of licences, permits, trophies, etc.
80. Offences relating to licences, etc.
(c) – General provisions (ss. 81-89)
81. Power of search and arrest
82. Obstruction of authorised officer
Any person who—83. Assault on an authorised officer
84. Protection of officers
No act or thing done by any authorised officer shall, if the act or thing was done in good faith in the exercise or purported exercise of any power conferred by this Act for the purpose of carrying out of the provisions of this Act, subject the authorised officer to any action, liability, claim or demand.[s. 76]85. Erection of barriers
86. Forfeiture
87. Provisions governing minimum sentences
88. Jurisdiction of court
89. Power to prosecute
The Director and every officer of the Game Department of or above the rank of Game Assistant shall have the power to conduct prosecution for an offence under this Act or any subsidiary legislation made hereunder and shall for that purpose have all the powers of public prosecutor under the Criminal Procedure Act 19.[s. 81](d) – Compounding offences (s. 90)
90. Director may compound certain offences
Part IX – General provisions (ss. 91-96)
91. Rewards
92. Registration of past offenders
93. Continuous registrations of offender under this Act
94. Regulations and other subsidiary legislation
95. Repeal of R.L. Cap. 302 and transitional provisions
96. Minister may make further transitional provisions
Subject to the provisions of subsection (2) of section 95, the Minister may at any time within twelve months after the commencement of this Act, by order in the Gazette, make such further transitional provisions consequent upon the repeal and replacement of the Ordinance by this Act as he may deem necessary and in the event of any conflict between any provision of any order and section 14 or section 15 of the Interpretation Act 21, the provision of the order shall prevail.[s. 86]History of this document
01 July 2010
Repealed by
Wildlife Conservation Act, 2009
09 June 2008 amendment not yet applied
Amended by
National Prosecutions Service Act, 2008
31 July 2002 this version
Consolidation
01 December 1974
Commenced
Cited documents 9
Act 9
1. | Criminal Procedure Act | 5740 citations |
2. | Interpretation of Laws Act | 732 citations |
3. | National Parks Act | 174 citations |
4. | Arms and Ammunition Act | 112 citations |
5. | Forest Act, 2002 | 30 citations |
6. | Highways Act | 21 citations |
7. | Tanzania Communications Act | 20 citations |
8. | Ngorongoro Conservation Area Act | 7 citations |
9. | Marine Parks and Reserves Act | 6 citations |
Documents citing this one 229
Judgment 199
Government Notice 14
Act 8
1. | National Parks Act | 174 citations |
2. | Arms and Ammunition Act | 112 citations |
3. | Mining Act | 38 citations |
4. | Fisheries Act | 10 citations |
5. | Marine Parks and Reserves Act | 6 citations |
6. | Tanzania Wildlife Research Institute Act | 3 citations |
7. | Petroleum (Exploration and Production) Act | 2 citations |
8. | Tanzania Fisheries Research Institute Act | 2 citations |
JOT Documents and Guidelines 4
1. | Bail Guidelines | |
2. | Execution Guidelines 2020 | |
3. | Exhibits Management Guidelines | |
4. | The Tanzania Sentencing Guidelines, 2023 |
Gazette 3
1. | Tanzania Government Gazette dated 2008-08-01 number 31 | |
2. | Tanzania Government Gazette dated 2009-03-20 number 12 | |
3. | Tanzania Government Gazette supplement number 5 dated 2014-02-07 number 6 |
Ordinance 1
1. | Corporal Punishment Act | 25 citations |