4.10 Tourism

C. Legal Requirements

Ngorongoro Conservation Area Ordinance

The general purpose of the Ordinance is: To control entry into and residence within the Ngorongoro Crater Highlands Area, to make provision for the conservation and development of natural resources therein and for purposes connected therewith. Section 5 establishes the Ngorongoro Conservation Area Authority (NCAA) (the composition of the Board of Directors is established in Schedule 4 to the Ordinance) and creates the position of Conservator of the Area, to be appointed by the President with functions established in 5A and 4, respectively. Functions of the NCAA include: to conserve and develop the natural resources of the Conservation Area, to promote tourism within the Conservation Area, to safeguard and promote the interests of Masai citizens, to promote and regulate the development of forestry within the Conservation Area, etc. The President may give authority or directions of a general or specific nature.

The Ordinance establishes the NCAAs authority to issue controls and restrictions on entry and residence in the NCA, controls on grazing and protection of natural resources in the NCA, destruction or removal of vegetation, use of water sources, gathering honey or forest produce, afforestation or reforestation, protection of slopes, drainage of lands, construction of buildings or works, construction of roads, and closure of any lands being "despoilt". The Ordinance sets forth the rights of entry of authorized officers (§12).

Subsidiary legislation must be published in the Gazette in English and Swahili, unless it does not apply to the whole of the NCA, in which case it must be posted at the office of the Conservator and at the office of the Party and the District Offices, however, orders affecting only one person and his family may be served individually (section 13). Part V addresses procedures governing appeals under the Ordinance; appeals in certain cases may be made to the NCAA; in other cases, they may be made the Minister.

Part VI addresses enforcement and penalties imposed under the Ordinance, including power of seizure of property and arrest. Section 18 specifies penalties for offenses, as designated under particular sections of the Ordinance. In cases of violations, forfeiture of stock ,weapons, snares, traps, nets, poison may be ordered (§129). Finally, administrative officers or the Conservator may conduct prosecutions, (§20) and compounding of offenses is allowed. The Wildlife Conservation Act also restricts taking of animals within or within 1 km. of the NCAA boundaries without permission of both the Director of Wildlife and the Conservator of the NCAA.

The Ordinance generally gives the NCAA control over entry and residence in the NCA. The NCAA may with the consent of the Conservator, issue entry and resident permits (§((b)) and §8) and Certificates of Residence can be required for residents (§7) with conditions attached. The NCAA may prohibit, restrict or control residence or settlement in any part of the NCAA for such time and manner as it thinks fit EXCEPT on land held under a right of occupancy or land which is the subject of a claim made or a mining lease granted under the mining laws. In addition to those holding rights of occupancy and mineral rights, certain other groups are also exempt from the Ordinance's residence/entry restrictions: a) Public officers or those authorized by the Conservator, b) wives, children, dependents of those exempt, and c) such person or category of persons as specified by the Minister by an order published in the Gazette. Section 6(3) specifies which rules can be made by the Minister (mostly authorizing the NCAA to regulate particular activities, functions). Cultivation is prohibited within the NCAA boundaries (§9). The NCAA is given explicit authority to take various actions for prevention of soil erosion and conservation of natural resources. Such authority includes:

1. prohibiting, restricting or controlling the use of land for any purpose whatsoever;
2. prohibiting, restricting, limiting or controlling:
   1. the introduction, grazing, watering or movement of stock,
   2. the firing, clearing or destruction of vegetation including stubble,
   3. the use of wells, boreholes, waterholes watercourses, streams river or lakes,
   4. the gathering of honey or forest produce,
   5. the exercise of any rights in relation to forest produce determined under the provisions of the Forest Ordinance,
   6. the introduction or removal of flora or fauna,
   7. the use of agricultural implements or machinery,
   8. the carrying or use of weapons, snares, traps, nets or poison,
3. requiring, regulating or controlling,
   1. the afforestation or reforestation of land,
   2. the protection of slopes and closed areas,
   3. the drainage of land, including the construction, maintenance or repair of artificial or natural drains, gullies, contour banks, terraces and diversion ditches,
   4. the uprooting or destruction of any vegetation,
   5. removal of stock,
4. prohibiting, restricting or controlling:
   1. the construction or extension of buildings or works, or restricting or controlling the siting thereof;
   2. the construction or extension of any roads or tracks or restriction or controlling of the siting or alignment thereof.

General Notice 12/72 also applies directly to the tourism industry, and specifies that every tourist or visitor who enters or wishes to enter the NCA must first obtain a tourist permit. A special Crater or Olduvai Gorge permit is required for those intending to visit the Crater or the Gorge. Tourists must be accompanied by an official guide, who should have authorization by the Conservator. Professional guides and safari attendants are also required to be licensed by the Conservator. Guides and safari attendant licenses have a condition that the holders shall not: a) contravene this law, b) contravene a condition on the license or c) endanger the safety of any tourist or visitor or disturb or frighten any wildlife or be subject to cancellation of the license.