4.10 Tourism

C. Legal Requirements

National Parks Ordinance, Cap. 412

The Ordinance establishes the mechanism whereby the president can declare, with the consent of Parliament, a National Park (§3). After parks are declared, no other action may alter the declaration, except Acts of the Parliament (§4). However, the President may alter boundaries of the Park with consent of parliament (§5). All previous rights (except mining rights) within a National Park are extinguished upon its creation. The Act also creates a management authority of trustees for the National Parks of Tanzania, the Tanzania National Parks Authority (TANAPA) (§8). The Trustees are under the authority of the Minister (§9G). The general powers, duties and functions of trustees are to control, manage, administer and maintain National Parks, as specified in part III.

Control of National Parks is specified in Part IV: No entry into parks is allowed without a permit (with certain exceptions); a violation of this provision is an offense (§14). Any officer so authorised may prosecute insubordinance - up to 10,000 Tsh.. and/or up to 1 year imprisonment. Impoundment of articles may be ordered, as well as destruction of domestic animals and introduced vegetation found illegally in national parks (§21). Certain exceptions exist to the "no takings" provision; individuals taking an animal in defense of life and/or property may not be prosecuted, if they have followed specific provisions of the Ordinance which are governed by the Wildlife Conservation Act sections on these actions (§70, 74, 75, 77, 79, and 80).

The National Parks Ordinance was amended by several Acts, including the Game Parks (Miscellaneous Amendments) Laws, 14/75. The relevant changes to the Ordinance from this latter amendment have been incorporated into the above discussion; additional points relate to the structure, finances and proceedings of TANAPA and are not discussed here. Act Number 12 of 1968 establishes Arusha National Park and applies the provisions of the National Parks Ordinance to that park.

The powers of the Trustees (TANAPA) and their authority to make rules regarding specific actions, are most relevant to tourist businesses. For example, for parks, the trustees have the power to:

1. Take such steps as will ensure the conservation and security of the animal and vegetable life therein,
2. reserve or set aside any portions of such national park as breeding places for animals, and as nurseries for vegetation,
3. recommend sites suitable for the erection and operations, by other persons, of hotels or other buildings, for the accommodation of visitors, shops or similar undertakings,
4. control, operate, establish or manage any such undertaking or grant concessions or licenses to other person to operate such undertakings in buildings under the control of the trustees or on behalf of the trustees (§10) ).

The trustees also may sell or exchange any specimen of the animal or vegetable life in a national park and may by purchase, exchange or otherwise acquire any specimen of animal or vegetable life which they may consider desirable to introduce into a national park. (§10 (3) ). Trustees also have the power within and outside national parks to establish, operate and manage offices, establish, operate, manage or grant concessions or licenses to other persons to operate or manage on their behalf - rest camps, lodges, restaurants, etc. and to operate transport services. In addition to the trustees' general powers, they have authority to make regulations in the following areas:

1. travel through and residence in National Parks,
2. photography,
3. fires,
4. introduction of wild or domestic animals,
5. removal of any vegetation,
6. prohibition on defacing/destruction of any object, animate or inanimate,
7. controls on employees of (TANAPA),
8. controls on concessionaire interest,
9. forms and fees
10. provide generally for the efficient control and management of national parks.

Finally, the Ordinance stipulates that none of these regulations may derogate a mining right or derogating any right, title, interest, authority or license granted to any person to erect any buildings or construct any works. The trustees may make separate regulations in respect of particular parks, and may distinguish between classes or categories of persons to whom regulation apply. (§18).

Section 13 of the National Parks Regulations, 1970, cover specific behaviours which are permitted and restricted within the Parks. They stipulate that no person, while within the Park, shall: a) discard any refuse or litter or in any other way disfigure the Park, or b) unnecessarily cause or make any noise, or do any act, which is likely to disturb or annoy another person. In addition, it is prohibited under section 7 to take certain actions without special written permission from the Director or the Warden. The restricted actions include: a) knowingly alighting from a vehicle in the Park unless within 200 metres of any live animal unless within an observation place, b) exceeding speeds of 50 kilometres per hour in a vehicle, c) introducing any animal or vegetation into the Park or removing any animal or vegetation (except by the person who lawfully introduced it), d) being in the park at night except in a camping site or a lodge, etc. Finally, section 8 of the regulations prohibit molestation, provocation, feeding or disturbing any animal except with the special permission of the Director or the Warden. The word "disturb" is defined by the regulations.

In addition to these legal requirements, the TANAPA recently approved a national parks policy, which requires that management plans be prepared for national parks and that Environmental Impact Assessments be performed before activities are undertaken within the parks. Several parks have current management plans, including Mt. Kilimanjaro. Management plans may affect tourist businesses by, for example, establishing maximum numbers of persons permitted in the park at any one time (as is the case for the Kilimanjaro Management Plan).