Mining Act

The requirements of this Act are relevant for any timber producer which operates in a forestry reserve or which also holds a right of occupancy over forested land. Before any mining rights are granted within an area set aside for a public purpose, the relevant Minister must be consulted. Therefore, for mining in forestry reserves, the Minister responsible for forests must be consulted. The Forests Ordinance suggests, however, that mining rights shall not be "derogated" and that trees may be harvested such as are necessary for carrying out the mining operation. For forests not reserved, mining licenses may also be acquired, although section 81 of the Mining Act does suggest that a mining right should be exercised with as little as possible obstruction of the interest of the lawful occupier of the land and that the occupier may receive compensation from the miner for any damages to trees, etc.

Land Ordinance, Cap. 113

For commercial timber harvesters harvesting on non-reserved land, it will be important to determine whether or not the land is held under a granted or customary right of occupancy. The Forests Ordinance indicates that such land is not "unreserved" land and is therefore not subject to commercial licensing.

Territorial Sea and Exclusive Economic Zone Act

This Act implements Tanzania's international obligations pursuant to the Law of the Sea Convention. Mostly, it establishes Tanzania's rights as versus other nations in the defined territorial sea area, and the exclusive economic zone (EEZ), for exploration, exploitation and conservation and management. Section 19 gives the Minister for Foreign Affairs authority to make regulations regarding the EEZ, including:

• Any activity relating to the exploration or exploitation of the zone;
• Preservation of the marine environment and prevention and control of pollution thereto; and,
• Conservation measures to protect the living resources of the sea.

Section 12 of the Act provides that any law relating to fisheries, national environment management, merchant shipping, petroleum and mining applies with regard to the EEZ.

To date, no regulations have been issued pursuant to the Act.

Town and Country Planning Ordinance

The Ordinance is discussed extensively in section 4.4, and, as noted above, applies mostly to municipalities. However, where a business seeks to produce timber or fish within a Planning Area, the relevant zoning and specific use requirements should be consulted and a "planning consent" acquired. Some developments are exempt from the "planning consent" requirement; the nature and size of the business determines exemptions.

Water Utilization and Control Act and other water laws

As explained in section 4.5, the Water Utilization and Control Act and other water legislation applies mostly to water which is appurtenant to land. The Water Utilization and Control Act's definition of water explicitly excludes "tidal waters" and the water pollution requirements of that Act will not apply in cases of ocean or lake fishing. However, where fish-farming is outside of the tidal waters (e.g., in a river, stream or lake), it appears that a water right must be acquired and that the provisions of that Act would then apply (see GN 233/75).