Forests Ordinance, Cap. 389.

This law is the principal law which regulates the use of forests in Tanzania. The law divides forests into basically two categories: Those forests reserved by the government for commercial exploitation or for conservation/protection of water sources and habitat, etc. and forests on the unreserved public lands. It is worth noting that due to the on-going debate about land tenure, it is not always entirely clear what the status of these unreserved lands are, particularly with respect to village authority and village title over the forested-areas. In any particular area, it is advisory for businesses to consult local leaders as well as District Forestry officials regarding the ownership status of any forest land in question.

Reserved forests are sub-classified as Local Authority Forestry Reserves (LAFRs) or Territorial Forestry Reserves (TFRs). Revenues from LAFRs go to the District where the forestry reserve occurs, while revenues from TFRs go to the central government. No use of the reserved forest area is permitted without a license unless otherwise permitted by the Director of the Forestry Division, the District or under the Ordinance or other lawful authority.¹ The Forest Rules of 1959 as amended specify fees for licenses and methods for marking and identifying timber taken from forestry reserves. In addition, the rules include permits for grazing, cultivating, building and residing in forestry reserves. Finally, certain "domestic" uses are permitted on reserved forest lands, such as harvesting timber for "African"² arts and crafts.

In addition to forests reserved specifically pursuant to the Forests Ordinance, forested areas may occur within a different reserved area. For example, the National Parks Ordinance, Cap. 412, the Wildlife Conservation Act, No. 12 of 1974, the Protected Places and Areas Act, No. 38 of 1969, the Ngorongoro Conservation Area Ordinance, Cap. 413, and the Public Land (Preserved Areas) Ordinance, Cap. 338, all establish restrictions on entry, and in some cases on use, of the particular lands covered by their provisions.

Also, the Local Government (District and Urban Authorities) Acts give both Village and District governments explicit authority to regulate the use of forests and forest produce.³ It is advisable for businesses to be familiar with the licensing and permitting provisions for taking timber and other forest produce within these areas.

For non-reserved lands, licenses are required for removal of timber for commercial sale, barter, profit, in a trade, industrial or commercial undertaking. In addition, certain tree species may be "reserved" and require a license in order to harvest, regardless of whether the intended use is commercial. The Minister also has authority to declare certain public lands excluded from harvesting, and apparently has done so in at least one District.⁴

Finally, the Forests Ordinance permits land holders to enter into a covenant agreement with the government for management of the forest area on the land. If an individual or business enters into such a covenant, an obligation is inferred to follow the covenants for management of the area.

Penalties for violation of the Forests Ordinance include a 3,000 Tsh. fine or six months in jail, unless otherwise provided for in the Ordinance or by-laws or regulations. A court may also order payment of reparation to the Government General treasury to pay the cost of reparation of damage to the resource.

1. An example of other lawful authority occurs in section 56(1) of the Forests Ordinance which permits those holding mining leases an automatic right to "cut, take, and use any tree when necessary in the course of mining operations or when required for mining or domestic purposes'.
2. "African" is the term used by the Ordinance.
3. See, for example, sections 118(1)(b), 118(2)(n), and the First Schedule of the District Authorities Act.
4. See Hitchcock and Shauri: 1995. Technical Legal Report on Cooperative Forest Management in High Canopy Forests of Tanzania: Legal and Policy Issues and Recommendations, p 22, Lushoto District.