THE AERODROMES (LICENSING AND CONTROL) ACT

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CHAPTER 92
THE AERODROMES (LICENSING AND CONTROL) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
CONTROL AND REMOVAL OF OBSTRUCTIONS
3. Aerodromes.
4. Aerodrome control areas.
5. Prohibition of erection of structures in prescribed area.
6. Notice for removal or reduction in height of structures.
7. Right of entry for removal.
8. Compensation.
9. Cases in which no compensation to be paid.
10. Manner and time in which claims for compensation to be made.
11. Disputes as to compensation.
12. Rules of Court.
13. Funds for payment of compensation.
14. Planting of trees forbidden.
15. Powers of entry and inspection.
part iii
CONSTRUCTION AND USE OF AIRPORTS
16. Director of Aerodromes.
17. Control on construction of aerodromes.
18. Evidence.
19. Aerodromes licence.
20. Cancellation of aerodrome licences.
21. Appeals.
22. Landing of aircraft on any place other than licensed aerodrome.

ence.
19. Aerodromes licence.
20. Cancellation of aerodrome licences.
21. Appeals.
22. Landing of aircraft on any place other than licensed aerodrome.

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vi
23. Regulations.
24. Offences.
25. Exemptions.
26. Repeal and saving.

mission of OAG.THE AERODROMES (LICENSING AND CONTROL) ACT [CAP. 92 R.E. 2023]
vi
23. Regulations.
24. Offences.
25. Exemptions.
26. Repeal and saving.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Aerodromes (Licensing and
Control) Act1. 2. For the purposes of this Act, unless the context requires
otherwise-
“aerodrome” means any area of land or water constructed or
adopted or otherwise used for the landing or departure
of aircraft which is declared under section 3 to be an
aerodrome for the purposes of this Act, and includes-
(a) any water area used or intended to be used for the
landing or departure of sea-plane or other amphibious
aircraft; or
(b) any building used or intended to be used for the
servicing or maintenance of aircraft or otherwise in
connection with the landing or departure of aircraft;
“aerodrome control area” means an area, declared under
section 4 to be an aerodrome control area for the purposes
of this Act;
1 Note: This Chapter incorporates the Aerodromes (Control of Obstruction)
Ordinance (Ord. No. 33 of 1948) which came into operation on 13th August, 1948;
and the Aerodromes (Licensing and Control) Act (Act. No. 1 of 1974) which came
into force on 1st May, 1974.

came into operation on 13th August, 1948;
and the Aerodromes (Licensing and Control) Act (Act. No. 1 of 1974) which came
into force on 1st May, 1974.

Short title
Interpretation
Act No. 1 of 1981 Sch. CHAPTER 92
THE AERODROMES (LICENSING AND CONTROL) ACT
An Act to control the construction, use of aerodromes and removal of
obstructions on land adjacent to and in the vicinity of aerodromes. [13th August, 1948]
[1st May, 1974]
Ord. No. 33 of 1948
Acts Nos. 1 of 1974
1 of 1981

tructions on land adjacent to and in the vicinity of aerodromes. [13th August, 1948]
[1st May, 1974]
Ord. No. 33 of 1948
Acts Nos. 1 of 1974
1 of 1981

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2
“Director” means the Director of Aerodromes appointed under
section 16 of this Act;
“licensed aerodrome” means an aerodrome licensed under
this Act and includes an aerodrome to which section 17
does not apply;
“Minister” means the Minister responsible for aerodromes;
and
“structure” means any structure whether permanent or
temporary used for any purpose and includes a tent or
vehicle. PART II
CONTROL AND REMOVAL OF OBSTRUCTIONS
3. The Minister may, by notice in the Gazette, declare any area
of land or water to be an aerodrome for the purposes of this
Act. 4.

L OF OBSTRUCTIONS
3. The Minister may, by notice in the Gazette, declare any area
of land or water to be an aerodrome for the purposes of this
Act. 4.

Where it appears to the Minister that there exists or is likely to
come into existence in any area in the vicinity of an aerodrome
any structure or any erection or any tree or natural growth of
such a nature that it is likely to constitute an obstruction to or
endanger the safety of aircraft arriving at or departing from the
aerodrome, he may, by notice in the Gazette, declare that area
to be an aerodrome control area for the purposes of this Act. 5. Notwithstanding the terms of any Part, regulations or other
law for the time being in force in Tanzania, or of any grant,
lease, or certificate of occupancy, the Minister may, by order
published in the Gazette, prohibit the erection within an
aerodrome control area of any structure above a height which
he may specify in the said order, or the construction within
that area of any vessel or boat of a height greater than the
height so specified. Aerodromes
Aerodrome
control areas
Prohibition
of erection of
structures in
prescribed area

or boat of a height greater than the
height so specified. Aerodromes
Aerodrome
control areas
Prohibition
of erection of
structures in
prescribed area

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THE AERODROMES (LICENSING AND CONTROL) ACT [CAP. 92 R.E. 2023]
6.–(1) The Minister may, by notice in writing, require-
(a) any owner, lessee or occupier of land within an aerodrome
control area to remove or reduce in height-
(i) any structure or tree on the land which is above
a height specified in any order under section 5
which is applicable to that land; or
(ii) any natural growth on the land which, in the opinion
of the Minister is likely to cause an obstruction to
aircraft; and
(b) any owner or person for the time being in charge of
a vessel or boat which, being within an aerodrome
control area, is likely in the opinion of the Minister to
cause an obstruction to aircraft, to remove that vessel
or boat from the aerodrome control area,
and may in that notice specify a time within which the
requirements contained in the notice shall be complied with. (2) Service of a notice under subsection (1) may be by
delivery at the residence or premises of the person concerned or
by registered post or in any manner which may be prescribed.

subsection (1) may be by
delivery at the residence or premises of the person concerned or
by registered post or in any manner which may be prescribed.

(3) Subject to subsection (2), it shall be sufficient, when
service is to be effected by registered post, that the notice is
properly addressed and put in the post. 7. Where the requirements of any notice issued under section 6
are not complied with within the period stated in such notice,
the Minister may cause his servants or agents to remove the
structure, tree, natural growth, vessel or boat, to which that
notice relates, to any place which the Minister may direct, or
to reduce the height of the structure, tree, or natural growth, as
the case may be, and the servants or agents shall have the right
of entry and exit over all land in an aerodrome control area for
this purpose. 8.–(1) A person who has suffered pecuniary loss or injury by
reason of-
(a) the removal of any structure, tree, natural growth, vessel
or boat under this Part;
Notice for
removal or
reduction
in height of
structures
Right of entry for
removal
Compensation

tree, natural growth, vessel
or boat under this Part;
Notice for
removal or
reduction
in height of
structures
Right of entry for
removal
Compensation

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4
(b) the reduction in height of any structure, tree, or natural
growth under this Part; or
(c) the depreciation in value through its inclusion in an
aerodrome control area of any land being his property
or in which he has any interest, in relation to the current
value of neighbouring land not so included,
shall, if he makes a claim within the time limited for the
purposes of this Act, be entitled to recover as compensation
from the Government the amount of his loss or injury. (2) The amount of expenses reasonably incurred by a person
in complying with the requirements of a notice served on him
under section 6 may be included in a claim by that person for
compensation under this Act. 9. Compensation under this Act shall not be payable in respect
of the removal or reduction in height of any-
(a) vessel or boat constructed, in breach of any order under
section 5; or
(b) tree planted in breach of section 14. 10.

r reduction in height of any-
(a) vessel or boat constructed, in breach of any order under
section 5; or
(b) tree planted in breach of section 14. 10.

A claim under this Act for compensation shall be made-
(a) by serving upon the Permanent Secretary to the Treasury
a notice in writing stating the grounds of the claim and
the amount claimed;
(b) in the case of claims under section 8(1)(a) or (b)
within six months after the removal of the structure,
tree, natural growth, vessel or boat, or the reduction in
height of the structure, tree or natural growth, as the
case may be; and
(c) in the case of claims under section 8(1)(c) within six
months after the date on which a notice under section
4 declaring the area in which the land is situate to be an
aerodrome control area is published in the Gazette. 11.–(1) A question arising under this Part as to-
(a) the right of a claimant to recover compensation; or
(b) the amount of compensation to be paid,
Cases in which no
compensation to
be paid
Manner and time
in which claims
for compensation
to be made
Disputes as to
compensation

ensation to be paid,
Cases in which no
compensation to
be paid
Manner and time
in which claims
for compensation
to be made
Disputes as to
compensation

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THE AERODROMES (LICENSING AND CONTROL) ACT [CAP. 92 R.E. 2023]
shall, in the absence of agreement between the Minister and all
persons concerned, be determined by a Judge on application
made by the Permanent Secretary to the Treasury or any
person alleging that he has suffered pecuniary loss or injury. (2) Subject to subsection (1), the Judge shall cause the
respective parties to appear before him and it shall be lawful
for him to hear and determine the claim in a summary manner,
and for that purpose to examine the parties or any of them and
their witnesses. (3) The determination of a claim by a Judge under this
section shall be final and shall allow such costs as he may
think fit. 12. The High Court may make rules of court providing for the
manner in which applications under section 11 shall be made
and the procedure to be followed. 13. Compensation under this Act shall be paid by the
Paymaster- General on the warrant of the Minister out of moneys
provided for that purpose by the National Assembly. 14.

this Act shall be paid by the
Paymaster- General on the warrant of the Minister out of moneys
provided for that purpose by the National Assembly. 14.

A person shall not plant any tree or cause any tree to be
planted within a prescribed area without the written permission
of the Minister. 15. The Director General of Tanzania Authority of Civil Aviation
or any person authorised by him in writing in that behalf may
enter and inspect any land within an aerodrome control area
for the purpose of determining whether any measures under
this Part need to be taken in respect of the land, or whether the
provisions of this Part or of any notice, order or regulations
issued or made under it are being complied with. Rules of Court
Funds for
payment of
compensation
Planting of trees
forbidden
Powers of entry
and inspection

or made under it are being complied with. Rules of Court
Funds for
payment of
compensation
Planting of trees
forbidden
Powers of entry
and inspection

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6
PART III
CONSTRUCTION AND USE OF AIRPORTS
16. The Minister shall appoint a public officer to be the Director
of Aerodromes and may appoint such number of Assistant
Directors of Aerodromes as he may consider necessary. 17.–(1) A person shall not construct or maintain any land or
building for use as an aerodrome, or shall use, or authorise
or permit the use of, any land, building or water area as an
aerodrome unless there exists in respect of that land or water
area a valid licence granted under this Act authorising the
same to be used as an aerodrome. (2) A person who contravenes any of the provisions of this
section commits an offence and on conviction, shall be liable
to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding fourteen years or to
both.

viction, shall be liable
to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding fourteen years or to
both.

18.–(1) In any proceedings against an occupier of land for an
offence under section 17, where the court is satisfied that the
land in question or any building on it has been constructed
or maintained in a manner which would facilitate the landing
or departure of aircraft on or from that land, the court shall
convict the accused of maintaining the land as an aerodrome
unless the accused proves to the satisfaction of the court that-
(a) the land was not being used as an aerodrome;
(b) he never used or authorised, permitted or acquiesced
in the use of the land as an aerodrome; and
(c) the manner in which the land or any building on it was
maintained was consistent with the use of such kind for
a purpose other than as an aerodrome. (2) For the purposes of this section “occupier” means-
(a) the person for the time being holding or deemed by
any written law to be holding a right of occupancy in
relation to the land, and includes any lessee or tenant of
Director of
Aerodromes
Control on
construction of
aerodromes
Evidence

right of occupancy in
relation to the land, and includes any lessee or tenant of
Director of
Aerodromes
Control on
construction of
aerodromes
Evidence

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THE AERODROMES (LICENSING AND CONTROL) ACT [CAP. 92 R.E. 2023]
the person who was at the relevant time in occupation
of or had the right to occupy the land or any building
on it;
(b) any agent or employee of any of the persons specified in
paragraph (a) who was, at the relevant time, responsible
for the management of the land or any building on it; or
(c) a person in occupation of the land, whether or not the
occupation is pursuant to a lawful title. 19.–(1) Every application for an aerodrome licence shall be in
the prescribed form and shall be lodged with the Director. (2) The Director may grant an aerodrome licence in respect
of any land or water area only if he is satisfied that it is in the
public interest that, that land or water area be authorised to be
used as an aerodrome. (3) The Director may annex to an aerodrome licence any
terms and conditions which he may deem necessary including
the condition that the aerodrome shall be used by aircraft of
the category which he may specify.

and conditions which he may deem necessary including
the condition that the aerodrome shall be used by aircraft of
the category which he may specify.

(4) Every aerodrome licence shall be valid for a period of
three years from the date of issue and may be renewed at the
discretion of the Director:
Provided that, an aerodrome licence shall not at any time be
renewed for a period exceeding two years. (5) A person who breaches any term or condition annexed
to any aerodrome licence or who uses or permits to be used
any aerodrome in breach of any such term or condition
commits an offence and, on conviction, shall be liable to a fine
not exceeding fifty thousand shillings or to imprisonment for
a term not exceeding seven years or to both. (6) The Director shall, at least twice in every year, cause to
be published in the Gazette a list of all licensed aerodromes. 20. The Director may, if in his opinion it is in the national
interest so to do, at any time cancel or revoke an aerodrome
licence, or suspend its validity for such period as he may
determine, or vary any of the terms or conditions annexed to it. Aerodromes
licence
Cancellation
of aerodrome
licences

idity for such period as he may
determine, or vary any of the terms or conditions annexed to it. Aerodromes
licence
Cancellation
of aerodrome
licences

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8
21. A person aggrieved by a refusal of the Director to grant an
aerodrome licence or by any term or condition annexed to a
licence, or by any revocation, cancellation or suspension of a
licence or by any variation of any term or condition annexed
to the licence may appeal to the Minister within the time and
in the manner prescribed and the decision of the Minister on
the appeal shall be final and conclusive. 22.–(1) A person shall not land or take-off or cause or permit
to be landed or taken-off, any aircraft on any land or water area
other than a licensed aerodrome.

erson shall not land or take-off or cause or permit
to be landed or taken-off, any aircraft on any land or water area
other than a licensed aerodrome.

(2) A person who contravenes the provisions of subsection
(1), commits an offence and, on conviction, shall be liable to
a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding fourteen years or to
both and in addition, the court shall order the forfeiture to the
Government of the aircraft in relation to which the offence was
committed:
Provided that, in proceedings for an offence under this
section the court shall acquit the accused where it is satisfied-
(a) that the landing of the aircraft on that land or water
area was necessitated by some emergency condition
and that it was in the interest of the safety of the person
or persons on board the aircraft that the aircraft be
landed on the land or water area; or
(b) that the aircraft was taken-off from the land or area
subsequent to an emergency landing in the circumstance
referred to in paragraph (a).

rea; or
(b) that the aircraft was taken-off from the land or area
subsequent to an emergency landing in the circumstance
referred to in paragraph (a).

(3) For the purposes of this section “emergency condition”
means the occurrence of a mechanical fault in the aircraft
engine, fuel shortage, atmospheric conditions or any other
event which could not reasonably have been foreseen at the
commencement of the journey from the place where the
aircraft last departed and which was of such nature as to lead a
reasonably competent pilot to the conclusion that an attempt to
Appeals
Landing of
aircraft on any
place other
than licensed
aerodrome

re as to lead a
reasonably competent pilot to the conclusion that an attempt to
Appeals
Landing of
aircraft on any
place other
than licensed
aerodrome

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THE AERODROMES (LICENSING AND CONTROL) ACT [CAP. 92 R.E. 2023]
navigate and land the aircraft to the nearest licensed aerodrome
might endanger the safety of the persons on board the aircraft.

T [CAP. 92 R.E. 2023]
navigate and land the aircraft to the nearest licensed aerodrome
might endanger the safety of the persons on board the aircraft.

23.–(1) The Minister may make regulations for the better
carrying out of the provisions of this Act and may by such
regulations-
(a) prescribe forms of application for aerodrome licence
and the fee payable on the making of an application;
(b) prescribe the form of an aerodrome licence;
(c) prescribe terms and conditions which shall be deemed to
be annexed to all aerodrome licences or to any category
of aerodrome licences specified in the regulations;
(d) prohibit, restrict or control the entry of any person,
animal or vehicle to a licensed aerodrome or any part
of it, and provide for controlling the movement of any
person, animal or vehicle within the licensed aerodrome,
or any part of it;
(e) authorise the removal of any person, animal or vehicle
from any licensed aerodrome or part of it where
the presence of such person, animal or vehicle is in
contravention of regulations made under this section;
(f) provide in respect of a breach of the provisions of
regulations made under this section penalties not
exceeding a fine of twenty thousand shillings or
imprisonment for a term of three years or to both; and
(g) prescribe anything which may, by any provision of this
Part, be prescribed.

nd shillings or
imprisonment for a term of three years or to both; and
(g) prescribe anything which may, by any provision of this
Part, be prescribed.

(2) Fees prescribed by regulations under this section shall
be prescribed after consultation with the Minister responsible
for finance. 24. A person who-
(a) without reasonable cause contravenes or fails to comply
with any provisions of the Act, regulations, order made
or of any notice served upon him under it; or
(b) hinders, obstructs, or interferes in any manner with
the Director General of Aeration or any servant or
Regulations
Offences

upon him under it; or
(b) hinders, obstructs, or interferes in any manner with
the Director General of Aeration or any servant or
Regulations
Offences

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10
agent of the Minister or any other person in the lawful
execution of his powers or duties under this Act,
commits an offence and, on conviction, shall be liable to
imprisonment for a term not exceeding six months or to a
fine not exceeding two thousand shillings or to both.
25.–(1) The provisions of section 17 shall not apply in relation
to aerodromes constructed or maintained by the Government.
(2) The Minister may, by order in the Gazette, exempt any
aerodrome or class of aerodromes or any aircraft or class of
aircrafts from all or any of the provisions of this Act or of any
regulations made under it.
26.–(1) [Repeals the Aerodromes Control Act.]
(2) Notwithstanding the repeal of the Aerodromes Control
Act, any regulations, rules and directives given or made under
the repealed Act shall continue in force until repealed.
Exemptions
Repeal and saving
Act No.
8 of 1965