C. Legal Requirements

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

Both of these laws are discussed extensively in Chapter 4.4, Industry. They are relevant for anyone in the construction sector because the construction must be in accordance with either the Land Use Scheme for a specified area or the regional physical land use plan. In specified areas, a planning consent will be required.

Local Government Acts

The laws have been discussed already in previous chapters, they have a bearing to the construction sector in that urban authorities are empowered to make by-laws regulating building in urban areas. In particular, it is provided that by-laws should be made respecting the provision of sanitary arrangements and conveniences of or in connection with new or extended or altered buildings.

National Industries (Licensing and Registration) Act

This Act is discussed in detail in Chapter 4.4, Industry. It is relevant for the construction sector because the Industrial Licensing Board may consider the siting or proposed siting of an industry when determining whether to grant a license for registration of the industry. Specifically, the Board may consider the siting or proposed siting in relation to the availability of power, fuel, labour, transport, raw materials, land and water.

Land Ordinance

This law is discussed in Chapter 4.1, Agriculture and Livestock. It is particularly relevant for those in the construction industry to be aware of the land ownership where construction is occurring, in order to avoid any unnecessary conflict or loss.

Highways Ordinance

This Ordinance is discussed under Chapter 4.6, Transport. The Ordinance's general functions are to regulate the construction and building of highways, roads of access and execution of works thereto. As such, construction businesses engaged in road construction are bound by its provisions. Central and District Road Boards govern highways.

Public Health Sewerage and Drainage Ordinance

This Ordinance is analyzed in Chapter 4.4, Industry. Because constructed buildings requiring connection to sewers eventually will be governed by the provisions of this Ordinance, builders should be aware of its requirements.

Factories Ordinance

This law is particularly relevant to those in the construction industry and is also discussed in Chapter 4.4, Industry. The Chief Inspector of the Ministry of Labour is required to approve all plans for new factories which are submitted to local authorities. Ideally, this approval would be sought and acquired prior to construction. Also, because the Factories Ordinance addresses worker safety, certain environmental considerations must be taken into account when planning and constructing a factory in order to comply with the provisions of this law.

National Parks Ordinance

For construction occurring inside a national park, the provisions of this law are relevant. TANAPA, the trustees of the national parks, have authority to "recommend sites suitable for the erection and operations, by other persons, of hotels or other buildings, for the accommodation of visitors, shops or similar undertakings". In addition, TANAPA's recently adopted National Parks Policy requires Environmental Impact Assessments to be performed before any project is undertaken in a national park. For additional analysis of the Ordinance, see Chapter 4.10, Tourism.

Forests Ordinance

This law is discussed in Chapter 4.2, Forests and Marine/Fisheries. The law restricts construction/occupation within a forestry reserved area without a license or permit from the Minister responsible for forests.

Ngorongoro Conservation Area Ordinance

This law establishes the authority of the NCAA to establish controls on entry and occupation of the NCA, as well as on construction of buildings or works. It is discussed more extensively in Chapter 4.10, Tourism. The Ngorongoro Conservation Area (Control of the Construction and Alteration of Buildings) Order of 1959, addresses these controls.