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Local Government Acts, Nos. 7 and 8, 1982 and Decentralization of Government Administration (Interim Provisions) Act.First, the Local Government (District and Urban Authorities) Acts have given authority to local governments to regulate those matters traditionally of a local nature, including agriculture and livestock. District authorities, for example, have the duty to control and improve agriculture (§111(2)(b)). According to the Local Government (District Authorities) Act, District Councils shall have power to prescribe steps to be taken by the occupier of any agricultural land for the purposes of maintaining and improving its productivity and preserving the fertility of the soil. According to the First Schedule of the Act, District Councils may also:
District authorities also have the authority to prevent improper cultivation techniques by controlling fires (§118 (2)(l)). Township and urban authorities have similar authority to declare areas of land reserved for purposes of reconditioning. In addition to these general authorities, local governments have a general duty to promote social welfare in their areas as well as the duty to take all measures necessary, desirable, conducive or expedient for the furtherance and enhancement of health and the relief of poverty and distress. Many by-laws (subsidiary legislation) have been enacted by districts, township and urban authorities, pursuant to their powers given in the above Acts for regulation of agricultural development. In many cases, the by-laws for different Districts are virtually identical. However, in other cases, by-laws specific to that District's problems have been enacted. In the interest of space, this Handbook does not analyze all the relevant agricultural by-laws for all Districts, but directs businesses to review the list of subsidiary legislation included in Appendix C to the Handbook. Businesses should review the by-laws relevant to specific Districts in order to understand what is restricted or prohibited with respect to cultivation and other agricultural practices. For example, Lushoto District's Soil Conservation By-Laws, GN 316/92, establishes a framework for protecting certain sensitive areas from cultivation, grazing and taking trees. These uses are either prohibited or restricted depending on the area. Where restricted, a permit from the District Natural Resources Officer is required in order to practice that use. In the urban context, the Dar es Salaam City Council (Animals in the City Area) By-Laws, GN 16/90, provide that animals should be kept with a permit from the City Director and that no grazing is allowed in the city area. Animals are defined to include: Camel, cattle, donkey, goat, horse, mule, pig, sheep and rabbit, but do not include cat and dog. In addition, owners of animal are to remove manure. Different types of permits are included in Schedule A to the By-Laws. This by-law is an example of regulation of the informal sector, which, as noted above includes urban agriculture and livestock keeping. Finally, other types of agriculturally-related by-laws exist, for example, the Singida District Council (Livestock Movement Control) By-laws, GN 733/87 and the Dar es Salaam City Council (Regulations of Planting, Maintaining and Protecting Trees) By-Laws, GN 20/90, which makes it an offense to cultivate or mow grass on hazard areas or to tamper with the natural flora of such an area. |