Penal Code

General prohibitions in the Penal Code will apply to mining operations. Specifically, mining business or miners may not engage in practices which result in a common nuisance, negligent spreading of disease, or fouling of water or air or they may be guilty of violating the Code and subject to prosecution by the Director of Public Prosecutions.

Water Laws

Tanzania Bureau of Standards Act

This Act is discussed extensively in Chapter 4.4, Industry. Where TBS has issued compulsory standards for any aspect of the mining process, miners must follow them. Mining operations may also wish to certify their product or process by using a standards mark or by a tested product certificate.

Explosives Act. This Act is discussed extensively in Chapter 4.4, Industry. When miners or mining companies wish to use explosives in their mining operations, they must hold an explosives permit, either for acquisition, possession, storage or use of the explosives. In addition, the Explosives Regulations, as set forth in Chapter 4.4, establish conditions for licensing stores and magazines and general precautions for explosives.

Local Government Acts

Local governments may opt to regulate extraction of minerals or building materials, though their by-laws may not derogate any principal legislation, such as the Mining Act. Mafia Island District Council has, for example, passed by-laws restricting excavation of building materials (see GN 34/89).

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

For both specified areas and in regions, mining should not be carried out contrary to land use plans, notwithstanding that the Mining Act clearly segregates sub-surface mining rights from surface occupancy and other rights and indicates in section 80 that surface rights holders retain the right to graze stock upon or to cultivate the surface of the land, except if it interferes with any of the above operations. Lawful occupiers must get permission from the holder of the mining license or claim before constructing of a building or structure and the mineral right should be exercised with as little as possible obstruction of the interest of any occupier of the land. It is also advisable for miners to be aware of the relevant land use plans and to acquire a Planning Consent where necessary. These laws are discussed more extensively in section 4.1, Agriculture and Livestock and section 4.4, Industry, respectively.

Investment Promotion and Protection Act

This act established the Investment Promotion Centre that has the functions and powers in relation to the promotion, coordination, regulation and monitoring of both foreign and local investments. It provides for procedures to be followed in Application for a certificate of approval of Enterprises and Areas of investment for both by national and foreign individuals. §12 provides that application shall be made in accordance with such procedures and form as may be prescribed by the Centre and shall be accompanied by a statement on the likely contribution of the enterprise to the objective as provided for under subsection (1) of Section 13 and such other information as may be required by the Centre. §13 (1) provides for the consideration of application that the Investment Promotion Centre shall satisfy itself of the likely contribution by the enterprise to the economic development and benefit of Tanzania.

The Investment Promotion and Protection Act makes mining as one of the priority areas for investment in Tanzania, a status which carries with it certain advantages for the investor. The minerals which are particularly mentioned as ones of priority in the Act are gold, diamonds, gemstones and all other minerals, metallic and non-metallic.

National Parks Ordinance

This law governs the activities within national parks and creates the Tanzania National Parks Board of Trustees (TANAPA). The Ordinance is discussed further in section 4.10, Tourism. Those holding mining permits may enter a national park without a permit from TANAPA, but must give notice to TANAPA and the government and must comply with conditions imposed by TANAPA, except that no conditions may be imposed which are inconsistent with the nature of any such mining right. (§15).

Forests Ordinance

The Forests Ordinance permits mining in both reserved forest areas and on unreserved forest lands. In addition, certain works may be constructed and trees used in support of mining operations. Some restrictions exist, however, including the right to take only those trees which are "necessary" to the mining operations.

Wildlife Conservation Act / Ngorongoro Conservation Area Ordinance

According to this law, no restrictions exist on entry to the land in the Ngorongoro Conservation Area which is subject to a mining lease. However, the Mining Act itself also requires consultation with the relevant Minister or Conservator of an area set aside for a public purpose; therefore, it is assumed that consultation with the Conservator of the NCA is required before a mining right may be exercised.

Petroleum Exploration and Development Act, 27/80

A registered holder of a petroleum exploration or development licence wishing to carry out his activities on land in a national park or in a forest reserve or in any game reserve, or in a range development area must obtain the written consent of the authority having control over the park or reserve area.