4.10 Tourism

C. Legal Requirements

Wildlife Conservation Act

The Act requires that all applicants for licenses for Game Hunting to be Tanzanian citizens having experience in using a gun, having no criminal record, must have identified intended hunting areas and paid the hunting fee in US $.

Investment Promotion and Protection Act

The Act is discussed extensibly in Chapter 4.5, Mining, and is also relevant for the businesses involved in Tourism. The Act makes tourism one of the priority areas for investment in Tanzania. Particular areas for investment are:

1. Operation of tourist hotels and other accommodations
2. Tourist transportation (including road transport, air charters and ocean going vessels
3. Provision of services related to tourism, such as tourist safaris (including licensed hunting, restaurants and photographic services).

Town and Country Planning Ordinance and National Land Use Planning Commission Act

For tourist developments and activities outside of parks and reserved areas, the provisions of these two laws are important. For example, in a specified area, hotel and other developments will require a planning consent. For regions, the regional physical land use plans may be relevant.

Fair Trade Practices Act. (No. 5 of 1994)

Part IV of the Fair Trade Practice Act deals with consumer protection. The Act provides for production safety and standards which are of a high quality to ensure prevention of any risk to consumers. Section 64 (5) of the Act gives the Minister power to ban by notice in the Government Gazette when it appears that certain goods will or may cause injury to any person. The Minister is required to give the owner of the banned goods three months notice to prove as to whether the goods are safe otherwise s/he shall by virtue of section 64 (7) (a) ban the goods permanently. The advantage and a big difference with all statutes concerning consumer safety in Tanzania is that section 64 (5) is both preventive and remedial. The section provides "...where it appears to the Minister that the goods will or may cause an injury to any person...the Minister may declare the goods to be unsafe and shall forthwith impose a temporary ban on the goods".

In the Act, manufacturers will bear the loss suffered by a consumer regardless of the chain or hand the goods might have passed, provided the consumer bought them for the intended purpose. This is in accordance with Section 81 of the Act.

Finally, the Act gives the Commissioner or any Officer authorised by him or any police officer, if he has reasonable cause to believe that any goods unfit are.

Hotels Ordinance

The Hotels Ordinance establishes a licensing system for tourist and non-tourist hotels. Tourist hotels must be licensed by the Hotel Board. In particular, the Hotel Regulations, GN 55/82 establish minimum standards for licensed hotels for kitchen, food store and dining rooms; supply of clean water; bathrooms; room numbers; refuse disposal; food preparation facilities, etc. In addition, prior to construction or alteration of a Hotel, the person proposing the action must submit a proposed plan to the Hotel Board for approval. Violation of the Regulations or instructions issued under them may result in a fine of 5,000/= or to imprisonment for a period not exceeding six months, or both.