The Marine Parks and Reserves Act

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CHAPTER 146
THE MARINE PARKS AND RESERVES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
ESTABLISHMENT OF MARINE PARKS AND RESERVES UNIT
3. Establishment and Functions of Marine Parks and Reserves Unit.
part iii
ESTABLISHMENT AND FUNCTIONS OF THE BOARD
4. Appointment and Functions of Board.
5. Appointment and functions of Advisory Committee.
6. Appointment and functions of warden.
part iv
ESTABLISHMENT OF MARINE PARKS AND RESERVES REVOLVING FUND
7. Establishment and sources of revolving fund.
part v
INVOLVEMENT OF THE VILLAGE COUNCILS
8. Role of village councils.
part vi
DECLARATION OF MARINE PARKS AND RESERVES
9. Declaration of Marine parks and reserves.
10. Purposes of marine parks and reserves.
11. Amendment or revocation by resolution of Parliament.
12. Resolution of conflict.
13. Restriction on grant of right, licence, title, etc.

reserves.
11. Amendment or revocation by resolution of Parliament.
12. Resolution of conflict.
13. Restriction on grant of right, licence, title, etc.

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144
part vii
GENERAL MANAGEMENT PLAN
14. Adoption of general management plan. 15. Collaboration in preparation of general management plan. 16. Notification on adoption and restriction on allocation in buffer zones. part viii
ZONES WITHIN MARINE PARKS
17. Plan of zones and contents. part ix
REGULATIONS CONCERNING ENTRY, RESIDENCE AND
SETTLEMENT IN A MARINE PARK OR RESERVE
18. Regulations restricting entry, residence, and settlement in
marine park or reserve. 19. Regulations in relation to local resident users. 20. Regulations under sections 16,17, 18 and 19. 21. Prohibition, restriction or control of residency or settlement in marine parks. part x
OTHER REGULATIONS
22. Restriction of certain activities in marine parks or reserves. part xi
GENERAL POWERS OF THE MINISTER TO MAKE REGULATIONS
23. General powers of Minister. 24. Restriction on commercial activities, mining, etc., in park or reserve. 25. Acts in defence of human life, property, etc., not to constitute offences
under this Act. 26.

ercial activities, mining, etc., in park or reserve. 25. Acts in defence of human life, property, etc., not to constitute offences
under this Act. 26.

Orders under this Act to be published and submitted to village councils. part xii
APPEALS
27. Appeals to lie to Board and Minister. 28. Orders of general application not to be appealable. 29. Appeal authority may vary, affirm or set aside decision, etc. 30. Minister to make rules of procedure on appeal.

application not to be appealable. 29. Appeal authority may vary, affirm or set aside decision, etc. 30. Minister to make rules of procedure on appeal.

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
part xiii
ENFORCEMENT
31. Repealed.
32. Penalties.
33. Powers of seizure and forfeiture, etc.
34. Proof and admissibility of documents and signature.
35. Liability under other laws.
36. Compensation for damages or injuries.
37. Award for information leading to conviction of offender.
38. Detention of offender spending arrival of authorised officer.
part xiv
MISCELLANEOUS PROVISIONS
39. Preference to local resident user in granting licences, etc.
40. Permit, etc., not to be granted to disqualified persons.
41. Land acquisition and its effects.
42. Unit to be body corporate.
43. Applicability of other laws to this Act.
44. Liability of authorised officer, etc.
part xv
REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS
45–48. Omitted.
49. Provisions of this Act to supersede others.
50. Amendment of Schedules.
SCHEDULES

xv
REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS
45–48. Omitted.
49. Provisions of this Act to supersede others.
50. Amendment of Schedules.
SCHEDULES

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CHAPTER 146
THE MARINE PARKS AND RESERVES ACT
An Act to provide for the establishment, management and monitoring of
marine parks and reserves, to establish a Marine Park and Reserves Unit,
and for related matters. [1st May, 1995]
[GN. No. 314 of 1995]
Acts Nos. 29 of 1994
1 of 2008
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Marine Parks and Reserves Act. 2.

]
[GN. No. 314 of 1995]
Acts Nos. 29 of 1994
1 of 2008
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Marine Parks and Reserves Act. 2.

In this Act, unless the context requires otherwise-
“advisory committee” means the advisory committee of the
marine parks appointed under section 5;
“animal” includes-
(a) any member of the animal kingdom, whether alive
or dead, including fish, but shall not include human
beings;
(b) all or part of the shell, feather, skin, egg, or any other
part of an animal;
“aquaculture” means the propagation of fish seed or the
raising of fish through husbandry during the whole or
part of its lifecycle;
“aquatic flora” means all aquatic plants, seaweeds, water
weeds and other members of the aquatic vegetable
kingdom and includes mangroves;
“aquatic substrate” means any rock, stone, gravel, sand,
shell, limestone, earth and other geological or submerged
formation and includes dead coral, whether or not
removed from its natural location;
Short title
Interpretation

arth and other geological or submerged
formation and includes dead coral, whether or not
removed from its natural location;
Short title
Interpretation

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E.

rights reserved. No part of this book may be reproduced or distributed without permission of OAG.147
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E.

2023]
“appeals authority” means-
(a) on an appeal to the unit manager, the unit manager;
(b) on an appeal to the Board, the Board; and
(c) on an appeal to the Minister, the Minister;
“authorised officer” means-
(a) the unit manager, warden or any other officer designated
pursuant to Part XIII to enforce the provisions of this
Act;
(b) any police officer or other fisheries officer;
“Board” means the Board of trustees established under
section 4;
“buffer zone” means any area outside of a marine park which
is designated to be a buffer zone of a marine park pursuant
to section 16;
“certificate” means a local resident user certificate described
in section 19;
“Director” means the Director of Fisheries appointed under
the Fisheries Act;
“explosive” means dynamite, bomb, detonator, or any
blasting agent or substance used in the manufacture of
explosives;
“fish” means all forms of amphibious or aquatic animal life,
including turtles, shellfish, marine mammals, and the
young of any amphibious or aquatic animals; and the
spat, brood, fry, spawn, ova and young of all such fish;
“fish product” means anything made, collected or obtained
from fish or aquatic flora and includes fish meal, dried
fish, fish manure offal, fish silage, canned fish, fish oil,
pearl, mother of pearl, shell, bêche de mer, ambergris,
larva and sponge;
“fishing industry” includes the collection, capture or
gathering of fish, fish product, or aquatic flora and
includes the collection of coral;
“general management plan” means a general management
plan adopted pursuant to section 14;
Cap.

or aquatic flora and
includes the collection of coral;
“general management plan” means a general management
plan adopted pursuant to section 14;
Cap.

279

279

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2023]
148
“local government authority” means district authority,
urban authority or township authority;
“local resident user” means a person who resides within the
boundaries of a marine park or reserve or 800 metres outside
those boundaries and includes any person who satisfies
the warden that he has come to the area for the purpose of
exploitation of the resources of the marine park or reserve;
“marine park or marine reserve” means an area designated
as a marine park or marine reserve pursuant to section 9;
“Minister” means the Minister responsible for marine parks
and reserves;
“Permanent Secretary” means the Permanent Secretary of
the ministry responsible for marine parks and reserves;
“plant” means any member of the vegetable kingdom,
including grass, weeds, trees, or shrubs whether growing
on dry land or in fresh or salt water;
“poison” means any natural or synthetic substance material
or thing used to kill or injure animals or plants;
“structure” means any marker, buoy, monument, fence, road,
building, or other man-made item or item brought in
from outside a marine park or reserve, that is intentionally
built or placed within a marine park or reserve;
“trap” means any mechanical or fixed device that kills,
injures or captures marine mammals and turtles;
“Unit” means the Marine Parks and Reserves Unit established
under section 3;
“unit manager” means a person designated as the unit
manager pursuant to section 3;
“vegetation” means any form of vegetable matter, alive or
dead whether growing on dry land or in fresh or salt
water;
“Village Council” means the village council established
under the (Local Government (District Authorities)
Act;
Cap.

y land or in fresh or salt
water;
“Village Council” means the village council established
under the (Local Government (District Authorities)
Act;
Cap.

287

287

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
“weapon” means any device or instrument designed to be
propelled or to propel any missile for the purpose of
catching, impelling or killing animals and includes all
firearms, bows, crossbows, spearguns and throwing spears;
“zone” means a zone created by a zoning plan;
“zoning plan” means a zoning provision of a general
management plan as described in section 17. PART II
ESTABLISHMENT OF MARINE
PARKS AND RESERVES UNIT
3.–(1) There shall be established a unit to be known as the
Marine Parks and Reserves Unit. (2) The Unit under subsection (1) shall be within the
Division of Fisheries and shall be established by the Director
who shall, in consultation with the Board, appoint the unit
manager to administer the Unit.

sion of Fisheries and shall be established by the Director
who shall, in consultation with the Board, appoint the unit
manager to administer the Unit.

(3) The functions of the Unit shall include to-
(a) establish and monitor, the control, management and
administration of marine parks and reserves;
(b) seek funds for the establishment and development of
marine parks and reserves;
(c) expend such funds in furtherance of the establishment
and development of marine parks and reserves;
(d) implement and enforce the provisions of this Act and
subsidiary legislation pursuant to section 18 to 38 of
this Act;
(e) do all such other things which are necessary and within
the powers of the Unit. (4) Without prejudice to the generality of subsection (3), in
carrying out its functions and promoting the purposes of the
Act, the Unit may undertake, within and with the consent of
the Minister any of the following functions outside the marine
parks and reserves-
Establishment
and Functions of
Marine Parks and
Reserves Unit

nt of
the Minister any of the following functions outside the marine
parks and reserves-
Establishment
and Functions of
Marine Parks and
Reserves Unit

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2023]
150
(a) establish, operate or manage office and service for the
purpose of their duties and functions under this Act,
in the publicizing of their activities, the promotion
of interest in the conservation of fish, aquatic flora,
animals, vegetation and other features and the
assistance of visitors to the marine parks;
(b) provide educational and informational services to local
resident users of any marine park or reserve;
(c) establish, operate, manage, grant concessions or licences
to other persons to operate or manage on their behalf
any rest camps, lodges, restaurants or other places for
the accommodation of visitors travelling to or from any
marine park or for the accommodation of visitors in any
place of aesthetic, geological, prehistoric, archaeological,
historic, or scientific interest, which may be operated in
connection with any marine park; and
(d) operate transport services for the conveyance of visitors
to or from the marine parks or other places managed or
operated by or on behalf of the Unit.

operate transport services for the conveyance of visitors
to or from the marine parks or other places managed or
operated by or on behalf of the Unit.

PART III
ESTABLISHMENT AND FUNCTIONS
OF THE BOARD
4.–(1) There shall be a Board of Trustees for marine parks
and reserves whose members shall within two months of the
coming into effect of this Act, be appointed by the Minister
upon the advice of the Permanent Secretary. (2) The appointment, tenure, quorum, proceedings and
meetings of the members of the Board, shall be as provided for
in the First Schedule to this Act. (3) The functions of the Board shall be to-
(a) formulate policies on marine parks and related facilities
and activities;
(b) oversee the use of the marine parks and reserves
revolving fund;
Appointment
and Functions of
Board

e parks and related facilities
and activities;
(b) oversee the use of the marine parks and reserves
revolving fund;
Appointment
and Functions of
Board

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(c) advise the Director on management of marine reserves;
and
(d) advise the Minister on approval, revision and
amendment of general management plan of any marine
parks. (4) Without prejudice to the generality of subsection (3),
the Board shall advise and direct the Unit Manager on-
(a) the designation of specified marine and coastal areas as
marine parks, marine reserves or buffer zones; and
(b) drafting and implementation of regulations, and other
matters affecting marine parks and reserves. 5.–(1) There shall be an advisory committee for each marine
park whose members shall, within three months of the coming
into effect of this Act, be appointed by the Permanent Secretary
on approval of the Board. (2) The appointment, tenure of office, quorum, proceedings
and meetings of the Advisory Committee shall be as provided
for in the Second Schedule to this Act.

appointment, tenure of office, quorum, proceedings
and meetings of the Advisory Committee shall be as provided
for in the Second Schedule to this Act.

(3) The functions of the advisory committee shall be to-
(a) advise the Board on the management and regulations
of marine parks;
(b) oversee the operation of marine parks;
(c) consult with the warden on technical, scientific and
operational matters concerning the marine parks; and
(d) propose names to the Board for the purposes of
appointing a warden. 6.–(1) There shall be appointed by the Board a warden for each
marine park. (2) The warden shall administer the park subject to the
control and authority of the Board and the advice of the
advisory committee. (3) The warden shall, in consultation with the Board,
appoint officers to administer the park. Appointment
and functions
of Advisory
Committee. Appointment
and functions of
warden

ultation with the Board,
appoint officers to administer the park. Appointment
and functions
of Advisory
Committee. Appointment
and functions of
warden

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152
PART IV
ESTABLISHMENT OF MARINE PARKS
AND RESERVES REVOLVING FUND
7.–(1) There is hereby established a fund to be known as
marine parks and reserves revolving fund which shall serve as
a repository for-
(a) all funding received from the Government for use within
or relating to the Unit or any marine park or reserve;
(b) all voluntary subscriptions, donations or bequests
received by the unit or any marine park or reserve from
any source;
(c) all proceeds from users and entry fees, tourism levies,
proceeds from licensing fees and other charges imposed
by the marine park or reserve in respect of the use or
development of, or any other activities, in the marine
park or reserve;
(d) revenue from sustainable resource use or development
activities conducted by the unit or any marine park or
reserve; and
(e) any other sum or property which may be vested in
the unit or marine park or reserve as a result of the
performance of its functions.

reserve; and
(e) any other sum or property which may be vested in
the unit or marine park or reserve as a result of the
performance of its functions.

(2) The Board shall ensure that the unit manager and
warden maintain such accounting records as are required in
conformity with Government financial regulations. (3) Each marine park shall have an account within the
revolving fund where all revenues generated from within the
marine park shall be retained and expended for pursuance of
the objectives set forth in the general management plan of that
marine park or reserve. (4) The unit manager shall ensure that, where the donor of
funds deposited in the revolving fund requested that, those
funds be used at a particular marine park or reserve, or for
particular activities or equipment, all such funds shall be used
in accordance with the donor’s request. Establishment
and sources of
revolving fund

r
particular activities or equipment, all such funds shall be used
in accordance with the donor’s request. Establishment
and sources of
revolving fund

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(5) The unit manager shall, with the approval of the Board,
expend other funds from the account for the establishment and
development of marine parks or reserves or for any purpose
relating to the functions of the unit. (6) The unit manager and the warden shall, with the
approval of the Board expend such funds from the account
referred to in subsection (2) as may be apportioned in the
general management plan, for the benefit of the villages in
the vicinity of marine parks and reserves in order to further
the objectives of this Act as stated in section 10. (7) The Board shall distribute a portion of the net revenues
to local authorities in which the marine park is declared. (8) The director shall submit an annual audited report on
the sources and uses of funds under the revolving fund to the
Board and the Minister.

lared. (8) The director shall submit an annual audited report on
the sources and uses of funds under the revolving fund to the
Board and the Minister.

PART V
INVOLVEMENT OF THE VILLAGE COUNCILS
8.–(1) For each marine park or marine reserve, the unit
manager or warden shall specify a list of villages in the vicinity
of that marine park or reserve, which affects or is affected by
the marine park or reserve. (2) In preparation of the general management plan, the
Minister may, by regulation specify a minimum distance from
the boundaries of a marine park within which all villages shall
be included. (3) Any other villages whose population regularly uses or
affects the marine park or reserve shall be listed under this
section. (4) The village council of each listed village shall be notified
of the specification under subsection (1) and shall upon
notifying the warden and the unit manager, be required to
convene a meeting to deliberate on such specification. Role of village
councils

d shall upon
notifying the warden and the unit manager, be required to
convene a meeting to deliberate on such specification. Role of village
councils

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154
(5) Each village council, either directly or through a
designated committee or other representative, shall-
(a) participate fully in all aspects of the development or
any amendment of the regulations, zoning and general
management plan for the marine park, whether by
formal planning, regulation or amendment procedures
or by informal decision or special order which shall
have the effect of regulating or amending such matters;
(b) advise the technical committee, unit manager and the
warden concerning matters relevant to management
and conservation of the marine park or reserve; and
(c) serve as a liaison between the members of the village
or community and the warden, unit manager, advisory
committee and the Board.

or reserve; and
(c) serve as a liaison between the members of the village
or community and the warden, unit manager, advisory
committee and the Board.

(6) The advisory committee or the warden shall notify
each listed village of all impending deliberations or decisions
relating to matters described in paragraph (a) of subsection
(5) by providing written notice to every district office within
which a listed village is located, and to the village committee. (7) The notice under subsection (6) shall solicit comments
from the village inhabitants and shall specify the date of any
meeting or the last date for receipt of comments and prior
to the decision, the advisory committee shall consider and
respond to all comments received. (8) Except as provided under section 27, the Board shall
invalidate any decision concerning a matter described in
paragraph (a) of subsection (5) which does not comply with
this section. PART VI
DECLARATION OF MARINE
PARKS AND RESERVES
9.–(1) The Minister may, after consultation with the relevant
local government authorities and by notice published in the
Gazette, declare any area within territorial waters or exclusive
Declaration of
Marine parks and
reserves

t authorities and by notice published in the
Gazette, declare any area within territorial waters or exclusive
Declaration of
Marine parks and
reserves

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
economic zone or any island or coastal area to be a marine
park, or a marine reserve where-
(a) he is of the opinion that its protection will further the
objectives of this Act as set out in section 10;
(b) the area is of natural scenic, scientific, historical or
other importance or value; or
(c) preservation or management of the area is necessary
to properly protect, permit access to, or allow public
viewing of enjoyment of an area described in paragraph
(a) of this subsection.

rea is necessary
to properly protect, permit access to, or allow public
viewing of enjoyment of an area described in paragraph
(a) of this subsection.

(2) Notwithstanding the provisions of subsection (1), the
Minister responsible for national parks may, after consultation
with the relevant local government authorities, declare any
marine park or any part of a marine park to be a national
park in accordance with the provisions of section 3 of the
National Parks Act as long as that declaration provides specific
assurance that-
(a) all of the purposes of this Act specifically in section 10,
shall continue to apply to an area so declared; and
(b) the creation and review of regulations for such area
shall be made in accordance with sections 8, 11 and 15
of this Act. (3) A marine park or reserve shall, unless specifically
provided to the contrary in the notice of declaration of such
an area or general management plan of the area, include all
submerged or dry land, waters, airspace, tideland and subsoil
within the area described. (4) The unit manager shall notify local authorities, regional
and national planning agencies of the designation of a marine
park or reserve under subsection (1). 10.

nager shall notify local authorities, regional
and national planning agencies of the designation of a marine
park or reserve under subsection (1). 10.

The purposes of designation of a marine park or reserve
shall be-
(a) to protect, conserve and restore the species and genetic
diversity of living and non-living marine resources and
the ecosystem processes of marine and coastal areas;
Cap. 282
Purposes of
marine parks and
reserves

sity of living and non-living marine resources and
the ecosystem processes of marine and coastal areas;
Cap. 282
Purposes of
marine parks and
reserves

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156
(b) to stimulate the rational development of underutilized
natural resources;
(c) to manage marine and coastal areas so as to promote
sustainability of existing resource use, and the recovery
of areas and resources that have been over exploited or
otherwise damaged;
(d) to ensure that villages and other local resident users
in the vicinity of or dependent on a marine park
or marine reserve are involved in all phases of the
planning, development and management of that
marine park or marine reserve, share in the benefits of
the operation of the protected area and have priority
in the resource use and economic opportunity afforded
by the establishment of the marine park or reserve;
(e) to promote community oriented education and
dissemination of information concerning conservation
and sustainable use of the marine parks and reserves;
and
(f) to facilitate research and to monitor resource conditions
and uses within the marine park and reserves. 11.

of the marine parks and reserves;
and
(f) to facilitate research and to monitor resource conditions
and uses within the marine park and reserves. 11.

Notwithstanding anything contained in the Interpretation
of Laws Act, no declaration made under subsection (1) of
section 9 shall be amended or revoked except by the resolution
of the Parliament. 12.–(1) In case any right, title, interest, franchise, lease, claim,
privilege, exemption or immunity of any person in an area
declared to be a marine park or reserve gives rise to conflict,
dispute or difference, the Board shall use its best effort to
solve such conflict, dispute or difference and shall consult
and negotiate in good faith and understanding of the mutual
interest of the parties to reach a just and equitable solution. (2) Where the Board does not reach a solution within
ninety days, the conflict, dispute or difference shall be settled
by a court of competent jurisdiction. Amendment or
revocation by
resolution of
Parliament
Cap.1
Resolution of
conflict

or difference shall be settled
by a court of competent jurisdiction. Amendment or
revocation by
resolution of
Parliament
Cap.1
Resolution of
conflict

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
13.–(1) Except as specifically provided under this Act, no
activity shall be permitted and no right, licence, title, interest,
franchise, lease, claim, privilege, exemption, or immunity
may be granted to any person or entity by any person, agent
or entity, whether government or private, in any area that has
been declared as a marine park or marine reserve pursuant to
this Act, unless-
(a) such grant is consistent with the general management
plan and regulations; and
(b) there is an express permission of the warden, unit
manager, as the case may be.

s consistent with the general management
plan and regulations; and
(b) there is an express permission of the warden, unit
manager, as the case may be.

(2) Where the Minister deems it necessary within a marine
park and where it is consistent with the general management
plan, the Minister may, in consultation with the Board
authorise-
(a) the construction of roads, bridges, aerodromes, parks,
buildings and fences;
(b) provision of water supplies and the carrying out of
works necessary for the purposes of this Act;
(c) taking of steps so as to ensure the conservation, security
and sustainable use of fish, animals, vegetation, aquatic
substrate and land;
(d) setting aside of all or any portion of a marine park
as breeding place for fish and other animals and as
nurseries for aquatic flora and vegetation;
(e) the making of recommendations of sites suitable for the
erection and operation by persons of hotels and other
buildings for the accommodation of visitors, shops or
similar undertakings;
(f) the control, operation, establishment or management of
any hotel, shop, tourist service or similar undertaking
or grant of concessions or licence to other persons
to operate such services in any marine park or the
building under the control of the marine park; and
Restriction on
grant of right,
licence, title, etc

operate such services in any marine park or the
building under the control of the marine park; and
Restriction on
grant of right,
licence, title, etc

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158
(g) the sale or exchange of any specimen of animal or
vegetable life in a marine park and purchase of or
exchange or otherwise the acquisition of any specimen
of animal or vegetable life which he may consider
desirable to introduce into a marine park. (3) Construction or other activity within a marine park or
reserve, including the activities authorised under this section
shall not be undertaken without conducting an assessment
of the environmental impact of such activities pursuant to
legal policy, practical requirements or pursuant to the general
management plan or regulations under this Act or any general
management plan for the area of the marine park or reserve. PART VII
GENERAL MANAGEMENT PLAN
14.–(1) The Minister shall adopt a general management plan
for each marine park and by regulation, state the requirements
for the adoption of the general management plan.

shall adopt a general management plan
for each marine park and by regulation, state the requirements
for the adoption of the general management plan.

(2) The general management plan shall contain-
(a) a full description of the nature and location of the
marine park;
(b) a description of the biological, environmental,
geological and cultural resources of the area and use of
the area by local residents;
(c) detailed statements of its proposed objectives in
accordance with section 10;
(d) a detailed account of the means and methods by which
those objectives will be harmonised and carried out
including proposed activities, development and zoning
pursuant to section 17;
(e) description of local resident users and other elements
which distinguish between classes and categories to
which the description apply; and
Adoption
of general
management plan

dent users and other elements
which distinguish between classes and categories to
which the description apply; and
Adoption
of general
management plan

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.159
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(f) description of buffer zones surrounding a marine park
which may include terrestrial area, tideland waters,
submerged lands, airspace and subsoil. (3) Not later than six months after the declaration of a
marine park under section 9, the advisory committee, and the
village councils shall prepare and recommend to the Board a
proposed general management plan for that marine park, and
the Board shall consider such plan and shall recommend for its
adoption to the Minister. 15. The Minister, the Board, the advisory committee, and village
councils shall, in the preparation of the general management
plan, work closely with the planning commission or any
regional planning body comprehensive general management
plan for the park and surrounding lands. 16.–(1) Where the general management plan is adopted, the
Minister shall notify local authorities, regional and national
planning agencies of the adoption.

1) Where the general management plan is adopted, the
Minister shall notify local authorities, regional and national
planning agencies of the adoption.

(2) Subject to subsection (1), no authority shall allocate
land and put to new use any area within a buffer zone unless-
(a) an assessment of the environmental impact of the
proposed activity is conducted pursuant to legal
requirements, policy, practice or pursuant to any
applicable general management plan or regulations
made under this Act; and
(b) written notification of the proposed allocation of land
or new use is submitted to the warden or unit manager
not less than thirty days prior to preparation of the
environmental impact assessment. (3) Where it is apparent that, the proposed activity has
negative effects on fish, animals, water, aquatic flora, vegetation
or aquatic substrate, the advice of the Board shall be sought. Collaboration
in preparation
of general
management plan
Notification on
adoption and
restriction on
allocation in
buffer zones

Board shall be sought. Collaboration
in preparation
of general
management plan
Notification on
adoption and
restriction on
allocation in
buffer zones

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160
PART VIII
ZONES WITHIN MARINE PARKS
17.–(1) The Advisory Committee shall prepare and submit a
plan of zones as part of the general management plan for a
marine park. (2) A plan of zones shall contain-
(a) a specific map showing the zones and boundaries of the
marine park;
(b) description of zones and activities permitted within
each zone; and
(c) any other matter or description necessary for identifying
components in the zones. PART IX
REGULATIONS CONCERNING ENTRY,
RESIDENCE AND SETTLEMENT IN
A MARINE PARK OR RESERVE
18.–(1) The Minister may, after consultation with the Board,
upon advice of the Advisory Committee, and in consultation
with village councils, make regulations prohibiting, restricting
and controlling entry into, and residence within, any marine
park or reserve. (2) The regulations made under subsection (1) shall be
published in the Gazette.

rolling entry into, and residence within, any marine
park or reserve. (2) The regulations made under subsection (1) shall be
published in the Gazette.

(3) Nothing in any regulations made under subsection (1)
of this section shall operate so as to prohibit-
(a) the entry into, or residence within any marine park
or reserve, or any part thereof, of the warden, the
unit manager, members of the Board, members
of the advisory committee, persons authorised
by authorised officers within the scope of their
authorised activities;
Plan of zones and
contents
Regulations
restricting entry,
residence, and
settlement in
marine park or
reserve

he scope of their
authorised activities;
Plan of zones and
contents
Regulations
restricting entry,
residence, and
settlement in
marine park or
reserve

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.161
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(b) the entry, into the marine park or reserve upon any
public highway, of persons travelling through the
marine park or marine reserve along such highway,
or upon any water way or water of travellers who are
unable to avoid such entry;
(c) the entry into the marine park or reserve of any local
resident users of that marine park or reserve;
(d) the entry into, or residence within, the marine park
or reserve of the spouses, dependants and servants
of a person specified in paragraphs (a) and (c) of this
subsection to the extent of that person’s right of access
or residence; or
(e) the continued residence within a marine park or
reserve of any person whose original residence was
within such area at the establishment of such marine
park or reserve. (4) Nothing in this section shall be construed as exempting
any person from complying with any other provision of this
Act or any subsidiary legislation including provisions which
restrict or control means or places of entry or occupancy.

th any other provision of this
Act or any subsidiary legislation including provisions which
restrict or control means or places of entry or occupancy.

(5) Regulations under this section may require the payment
of fees upon the issue of a permit to enter into the area,
according to a schedule specifying different classes of persons
or different purposes of entry. 19.–(1) The Minister may, after consultation with the Board,
make regulations requiring-
(a) village councils to keep a list of local resident users
from that village to whom access to the marine park or
reserve is granted pursuant to the general management
plan; or
(b) persons described in paragraphs (c) and (d) of
subsection (2) of section 18 or any class thereof, who
reside in or seek a continuing right to enter the marine
park or marine reserve to apply for a local resident user
certificate. Regulations in
relation to local
resident users

nuing right to enter the marine
park or marine reserve to apply for a local resident user
certificate. Regulations in
relation to local
resident users

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162
(2) Where local resident user certificates are granted under
subsection (1), the general management plan may-
(a) itemise qualifications, including place, time and
purpose of residence, by which a local resident user
may qualify for certificate under subsection (1);
(b) authorise or require the village council of user certificate
to any members of the village who may apply thereof
and who qualify under those rules, and to submit to the
warden a list of certificates issued; or
(c) authorise or require the warden to issue local resident
user certificates to persons not members of a village
who qualify as local resident users. (3) A person aggrieved by the refusal of grant of a local
resident users certificate by the warden, unit manager, village
councils or other authorised person, or by the imposition of
any condition in a certificate issued to him, may appeal in
accordance with the provisions of Part XII of this Act. 20.

erson, or by the imposition of
any condition in a certificate issued to him, may appeal in
accordance with the provisions of Part XII of this Act. 20.

In so far as it is not inconsistent with a general management
plan that applies to an area, regulations under sections 16, 17,
18 and 19 may-
(a) be made in respect of all or any of the marine park,
reserve or buffer zone or any part or parts thereof;
(b) restrict, regulate, control, prohibit the entry or residence
of any person who does not possess a permit or local
resident users certificate issued under this Act;
(c) impose such terms or conditions upon permits or local
resident user certificates as shall be deemed appropriate
including limits on the place or manner of entry or
residence within the marine park;
(d) require any person within a marine park or reserve,
when requested by an authorised officer to produce any
certificate or permit issued to him or to prove that he is
a person to whom such regulation apply;
(e) require any holder to surrender a permit or certificate
upon demand of an authorised officer or upon
departure from the area;
Regulations
under sections
16,17, 18 and 19

to surrender a permit or certificate
upon demand of an authorised officer or upon
departure from the area;
Regulations
under sections
16,17, 18 and 19

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.163
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(f) authorise the removal, by any authorised officer, any
person found within a marine park or marine reserve
in contravention of regulations made under this Act;
(g) empower the warden to erect barriers on public roads
into or within the marine park or reserve for the control
of entry into an area to which the regulations apply;
(h) set penalties not exceeding those provided in
subsections (1), (2), (3) and (4) of section 32 for the
breach of any regulations made under paragraphs (d),
(e) or (f) of this section or any term or conditions of
a licence or certificate or the breach of any regulation
made under section 18; and
(i) provide generally for all matters or things necessary or
incidental to the foregoing. 21.–(1) The Minister may, by order published in the Gazette,
and in so far as it is not inconsistent with the general
management plan, prohibit, restrict, or control residence or
settlement in any part of the marine park for the time and in
such manner as he thinks fit.

nagement plan, prohibit, restrict, or control residence or
settlement in any part of the marine park for the time and in
such manner as he thinks fit.

(2) Orders made under this section may-
(a) be made in respect of any category of residents or
settlements;
(b) provide for exemption subject to such conditions as the
warden may think fit after receiving advice from the
advisory committee;
(c) authorise the removal of any person who takes up
or continues residence or makes or continues any
settlement in contravention of such order; and
(d) authorise entry into any land within the marine
park other than a dwelling house for purposes of
determining the need for measures for the conservation
or improvement of any area of the marine park or the
taking of such measures, or constructing, inspecting or
repairing any authorised works. Prohibition,
restriction
or control of
residency or
settlement in
marine parks

easures, or constructing, inspecting or
repairing any authorised works. Prohibition,
restriction
or control of
residency or
settlement in
marine parks

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164
(3) An order made under this section shall not be construed
as imposing a duty to any person to destroy, demolish, alter
or remove any building, works, road or truck of a permanent
nature or any part of that structure which were constructed
prior to the enactment of this Act except in accordance with
the Land Acquisition Act.

ent
nature or any part of that structure which were constructed
prior to the enactment of this Act except in accordance with
the Land Acquisition Act.

PART X
OTHER REGULATIONS
22.–(1) A person within a marine park or reserve shall not,
except in accordance with the terms and conditions specified
in the regulations or the provisions of this Act-
(a) fish, hunt, kill or capture any fish or animal or disturb any
egg, nest, roe or spawn within the marine park or reserve;
(b) gather, collect or remove any fish, animal, aquatic
flora, or vegetation, whether live or dead, or any sand,
minerals or aquatic substrate;
(c) sell or transport any fish, animal, aquatic flora,
vegetation, or the products thereof or any sand,
minerals, or aquatic substrate;
(d) be in possession of any weapon, explosive, trap or
poison;
(e) engage in aquaculture;
(f) make salt;
(g) conduct any sport fishing, tourism or other commercial
activity;
(h) operate any vessel or vehicle within any marine park or
reserve;
(i) clear or cultivate land for any agricultural use, or use or
operate agricultural implements or machinery;
(j) construct or extend any buildings, road or any other
work; or
(k) destroy, deface or remove any object within a marine
park or reserve. (2) A person who contravenes the provision of this section,
commits an offence. Cap.

roy, deface or remove any object within a marine
park or reserve. (2) A person who contravenes the provision of this section,
commits an offence. Cap.

118
Restriction of
certain activities
in marine parks
or reserves

118
Restriction of
certain activities
in marine parks
or reserves

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.165
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(3) Paragraphs (a), (b) and (c) of subsection (1) shall not
apply to any domesticated animal or egg lawfully introduced
into any marine park or reserve.

) Paragraphs (a), (b) and (c) of subsection (1) shall not
apply to any domesticated animal or egg lawfully introduced
into any marine park or reserve.

PART XI
GENERAL POWERS OF THE MINISTER
TO MAKE REGULATIONS
23.–(1) The Minister may make regulations for the
implementation of this Act, so far as it is not inconsistent with
the general management plan of any marine park or reserve
and the regulations may-
(a) allow the introduction of grazing animals, or agricultural
crops;
(b) prescribe the periods or time during which a park or
reserve shall be open to the public;
(c) prescribe the conditions under which all or any species
of animal may be photographed in a marine park or
reserve;
(d) prohibit or regulate lighting of fires in a marine park;
(e) prohibit or regulate lighting of fires in reserve;
(f) prohibit, control or regulate the introduction of any
wild or domestic fish, animal, aquatic flora or vegetation
into marine park or reserve;
(g) prohibit, restrict or control the grading of any lands or
the construction, maintenance or repair of artificial or
natural drains, gullies, contour banks, and terraces and
the protection of slopes and closed areas;
(h) restrict or control the collection, conservation or use
of wells, bore holes, water holes, streams, storm water,
rivers, lakes or other waters;
(i) prescribe the conditions and regulate the manner
in which any person shall be granted any right, title,
interest, authority, concession or licence to operate
hotels, shops or other facilities for the use of visitors to
a marine park;
General powers of
Minister

st, authority, concession or licence to operate
hotels, shops or other facilities for the use of visitors to
a marine park;
General powers of
Minister

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
166
(j) provide for the manner in which a person may exercise
the rights granted under these regulations and provide
for economic opportunity for local residents and the
employment and training of local residents in these
activities;
(k) prescribe the forms to be used and the fees to be paid in
respect of any application or request described; and
(l) prescribe the procedure to be followed in consulting
village councils under section 8 of this Act.

ct of any application or request described; and
(l) prescribe the procedure to be followed in consulting
village councils under section 8 of this Act.

(2) The regulations may provide specific limitations or
regulate activities based upon-
(a) the species of fish, animals, vegetation or aquatic flora;
(b) the methods employed in fishing, hunting, capturing
and gathering of fish and aquatic flora;
(c) the type of nets, gear and other equipment permitted in
the Marine park or reserve;
(d) the type of vessels and vehicles permitted in the marine
park or reserve;
(e) the geographical location in which activities may be
conducted;
(f) the district or village of residence of the applicant for
licence or other authorisation;
(g) the size of the fish, animal, vegetation, or aquatic flora; or
(h) the size of the catch of any fish, animal, vegetation or
aquatic flora. (3) The regulations may close down or limit such activities
seasonally or for any period of time.

ch of any fish, animal, vegetation or
aquatic flora. (3) The regulations may close down or limit such activities
seasonally or for any period of time.

(4) The regulations described in subsections (1) and (2)
may-
(a) prescribe fees for licences and for permissions and set
the terms and conditions for the issue and the manner
and form of application;
(b) provide for exemptions or conditional exemptions in
accordance with specified conditions, or for limitation
of any provision or requirement to certain period of
seasons of the year or to certain times or at certain
intervals;

ed conditions, or for limitation
of any provision or requirement to certain period of
seasons of the year or to certain times or at certain
intervals;

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(c) make provision for the qualification of authorised co-
operatives and associations of local residents and the
licensing of such associations; and
(d) prescribe penalties not exceeding the amount set forth
in subsection (1), (2) and (3) of section 32 for breach of
the condition of any licence, failure to obtain licence,
giving false information or other contravention or
violation of the regulations. (5) Upon the recommendation of the unit manager or warden
and where it is necessary or expedient for the conservation
of soil, the prevention of erosion, the minimization of
sedimentation, or for the protection and preservation of
natural resources within a marine park or marine reserve, the
Minister may, by order in the Gazette, provide or prescribe for
any of the matters set forth in subsection (4) of this section.

or marine reserve, the
Minister may, by order in the Gazette, provide or prescribe for
any of the matters set forth in subsection (4) of this section.

(6) An order made under subsection (5) shall be of temporary
effect, unless consistent with the general management plan,
and subject to approval by the advisory committee and village
councils. (7) The Minister may, by an order published in the Gazette
order the application of some or all of the regulations under the
Forest Act, the Wildlife Conservation Act, or the Antiquities
Act to be applicable within a marine parks and reserve, and
may delegate all or part of the enforcement of such regulations
to the officers authorised under such laws. (8) The regulation applied in accordance with subsection
(7) of this section shall not be effective where it is inconsistent
with the general management plan of any marine park or
reserve to which it is applied. 24.–(1) A person shall not-
(a) engage in any commercial activity within a marine park
or reserve, unless that activity is specifically permitted
under the general management plan or regulations
adopted for that marine park or reserve;
Cap. 323
Cap. 283
Cap. 333
Restriction on
commercial
activities, mining,
etc., in park or
reserve

regulations
adopted for that marine park or reserve;
Cap. 323
Cap. 283
Cap. 333
Restriction on
commercial
activities, mining,
etc., in park or
reserve

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All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E.

2023]
168
(b) mine or install any heavy industry within a marine
park or reserve;
(c) mine or install any heavy industry outside the boundaries
of a marine park or reserve in a manner that causes
negative effects on that marine park or reserve;
(d) deposit or discharge any oil, chemicals, or other
hazardous substance within any marine park or reserve
or buffer zone or adjacent areas having an impact on
the marine park or reserve;
(e) deposit or discharge any sewage, litter, rubbish, or
other article or substance within any marine park or
reserve, buffer zone or adjacent areas having an impact
on a marine park or reserve, except in accordance with
specific permission from the warden, and consistent
with the general management plan of the marine park;
(f) transfer any permit, licence or certificate required
under this Act or subsidiary legislation, or forge or
otherwise obtain such document by misrepresentation
or other illegal means; or
(g) contravene this Act or any subsidiary legislation made
under this Act or any direction given by an authorised
officer. (2) A person who contravenes any of the provisions of this
section commits an offence under this Act.

or any direction given by an authorised
officer. (2) A person who contravenes any of the provisions of this
section commits an offence under this Act.

25.–(1) Nothing in this Act shall make it an offence to take all
reasonable measures extending to killing or injury of any non-
domesticated animal, in defence of human life or in defence of
property unless such act is done as a result of molestation or
deliberate provocation by or with the knowledge and consent
of the person concerned. (2) A person who, in any circumstance, kills or wounds non-
domesticated animal in a marine park shall report that event at
the earliest possible moment to the nearest authorised officer. (3) Failure to report the killing or the wounding under
subsection(1) shall constitute an offence under this Act. Acts in defence
of human life,
property, etc.,
not to constitute
offences under
this Act

der
subsection(1) shall constitute an offence under this Act. Acts in defence
of human life,
property, etc.,
not to constitute
offences under
this Act

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
26. Orders made under this Act shall be in writing and shall be
published in the manner required by law, and shall be delivered
to the village councils of all listed villages under section 8 for any
marine park or reserve to which such orders apply. PART XII
APPEALS
27. A person aggrieved by-
(a) the refusal of the warden, village council or any other
person authorised in that behalf, to issue or grant to
him any permit or certificate which may be issued or
granted under this Act or any subsidiary legislation
made under this Act; and
(b) any condition or term annexed to a permit, or
certificate, may appeal to the Board and further to the
Minister and the decision of the Minister shall be final. 28.

or term annexed to a permit, or
certificate, may appeal to the Board and further to the
Minister and the decision of the Minister shall be final. 28.

A person aggrieved by any order made under this Act
which adversely affects that person may appeal against such
order to the Minister, provided that no, appeal under this
section shall lie concerning an order of general application,
which has been subject of advance notice and solicitation of
comments to section 8 of this Act. 29.–(1) On appeal under sections 27 and 28, the appeal
authority may affirm, vary or set aside the decision,
order, term or condition subject of an appeal and may
give directions in respect of anything previously done or
suffered pursuant to the varied decision of order, term or
condition. (2) Subject to any further appeal provided for by this Act,
the decision of the appeals authority and any direction given
by it shall be binding upon all the parties concerned. Orders under
this Act to be
published and
submitted to
village councils
Appeals to lie
to Board and
Minister
Orders of general
application not to
be appealable
Appeal authority
may vary, affirm
or set aside
decision,etc.

s
Appeals to lie
to Board and
Minister
Orders of general
application not to
be appealable
Appeal authority
may vary, affirm
or set aside
decision,etc.

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170
30. The Minister may, by rules prescribe-
(a) the procedure upon appeal under sections 27 and 28 of
this Act;
(b) the fee to be paid upon lodging any appeal; and
(c) the time within which an appeal may be instituted. PART XIII
ENFORCEMENT
31. [Repealed by Act No. 1 of 2008 section 34.]
32.–(1) A person who contravenes the provisions of section
25 of this Act commits an offence and on conviction shall
be liable in case of a first offence to a fine not exceeding two
hundred thousand shillings or to imprisonment for a term not
exceeding two years or to both, in case of a subsequent offence,
to a fine not exceeding four hundred thousand shillings or
imprisonment for a term not exceeding four years or to both.

case of a subsequent offence,
to a fine not exceeding four hundred thousand shillings or
imprisonment for a term not exceeding four years or to both.

(2) Where it is specified in this Act that, an act or omission
constitutes an offence, the penalty for that offence in case
of first offence shall be a fine not exceeding one hundred
thousand shillings or a term of imprisonment not exceeding
twelve months and for every subsequent offence shall be a fine
not exceeding one hundred and fifty thousand shillings or a
term of imprisonment not exceeding eighteen months. (3) All other contravention and where any subsidiary
legislation made under this Act makes no specific provisions as
to penalty, a person contravening such provisions shall be liable
in case of a first offence, to a fine not exceeding fifty thousand
and a term of imprisonment not exceeding six months and for
every subsequent offence, to a fine not exceeding one hundred
thousand shillings or a term of imprisonment not exceeding
twelve months. (4) In addition to a fine and term of imprisonment, where
a person commits an offence under paragraphs (i), (j), (k) of
subsection (1) of section 22; paragraph (d) of subsection (2) of
Minister to make
rules of procedure
on appeal
Repealed
Penalties

phs (i), (j), (k) of
subsection (1) of section 22; paragraph (d) of subsection (2) of
Minister to make
rules of procedure
on appeal
Repealed
Penalties

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THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
section 23; and paragraphs (b), (c), (d) and (e) of subsection
(1) of section 24, or under any subsidiary legislation made
under this Act, that person shall be required to clean up all
substance and articles discharged or to remove all structures
built or placed within a marine park or reserve, or buffer zone. (5) Where a person causes damage to any fish, animal,
aquatic flora, subsurface formation or mineral in addition to
fine and term of imprisonment, that person may be required
to pay for the value of or to restore the resources so damaged. (6) In subsection (5), the value of a resource includes its
biological, scientific and aesthetic value and the value to the
continued integrity of the ecosystem of which it is a part. (7) Where the restoration of the value of a resource is not
possible, appraisal by other methods may be used as evidence
of the restoration of the resource.

ere the restoration of the value of a resource is not
possible, appraisal by other methods may be used as evidence
of the restoration of the resource.

(8) The court may, in addition to any other penalty, order
the person convicted of an offence under this section to forfeit
to the Government-
(a) any weapon, explosive, trap, poison, vehicle or any
other instrument used by that person in the course of
committing the offence;
(b) any article or thing illegally possessed within a marine
park or reserve; and
(c) any animal, fish, aquatic flora, vegetation, sand, mineral,
aquatic substrate or any other thing taken from a marine
park or reserve or any product of that thing. (9) Any domesticated animal, agricultural implements or
machinery, found within a marine park or reserve, except if
lawfully present, and any vegetation that has been introduced
in the marine park or reserve without express permission,
shall be the property of the marine parks or reserves unit and
may be forfeited to the Government or lawfully destroyed by
an authorised officer.

ion,
shall be the property of the marine parks or reserves unit and
may be forfeited to the Government or lawfully destroyed by
an authorised officer.

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172
33.–(1) Any authorised officer may, when he has reasonable
grounds to suspect that an offence has been committed-
(a) arrest any person found committing an offence under
this Act or any subsidiary legislation made under
this Act or whom he reasonably suspects or believes
of having committed such an offence, or is about to
commit such an offence;
(b) board and search any vehicle, vessel, or any part of the
vehicle or vessel; and
(c) enter into any premises, building, land or any part
thereof, to seize, remove, and retain-
(i) any animal, fish, aquatic flora, vegetation, sand,
mineral, aquatic substrate of any other thing; and
(ii) any thing or product of that thing, illegally
possessed, used or obtained in contravention of
this Act or taken from a marine park or reserve
or which appears to him to constitute evidence of
any offences.

, used or obtained in contravention of
this Act or taken from a marine park or reserve
or which appears to him to constitute evidence of
any offences.

(2) The power of seizure, removal and retention under
subsection (1) of this section, shall be construed to include
powers-
(a) to seize, retain and remove-
(i) any receptacle other than a vessel or vehicle, in
which such item is contained;
(ii) any machinery, other than propellant machinery
of a vessel or vehicle, implement, utensil, material
or substance used for the commission of any
offence under this Act or subsidiary legislation
made under this Act; and
(iii) any book of account or other document which
appears to him to contain evidence which proves
the commission of the offence under this Act or
any subsidiary legislation made under this Act; or
(b) to direct any vessel or vehicle seized to proceed to such
port or place in Tanzania as the officer shall direct for
unloading the fish, fish product, aquatic flora, product
Powers of seizure
and forfeiture,
etc.,

or place in Tanzania as the officer shall direct for
unloading the fish, fish product, aquatic flora, product
Powers of seizure
and forfeiture,
etc.,

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.173
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
of aquatic flora, mineral or other thing, after which the
officer may detain the vessel or vehicle for a reasonable
time necessary to effect the unloading. (3) Where a court is satisfied that an offence under this
Act or subsidiary legislation has been committed in respect of
which any item has been seized under subsection (2) of this
section, the court may order such seized items to be forfeited
to the Government and it may be dealt with as provided for in
the Fisheries Act. (4) Where, upon conviction of an offence under this Act
or any subsidiary legislation, the court is satisfied that, any
vessel or vehicle was used in the commission of the offence,
the court may order such vessel or vehicle to be forfeited to
the Government, unless the owner of the vehicle proves to
the court that, the vessel or vehicle was so used without his
knowledge or consent. 34.

d to
the Government, unless the owner of the vehicle proves to
the court that, the vessel or vehicle was so used without his
knowledge or consent. 34.

In any proceedings for an offence under this section, a
certificate signed by the authorised officer stating the value of
any illegally obtained fish, animal, vegetation, aquatic flora,
sand, mineral, aquatic substrate or other thing or product
that the thing or any damage to the resources of marine park
reserve shall be admissible in evidence and shall be prima facie
evidence of the matters stated in that certificate including the
fact that the signature in the certificate is that of the person
holding the office specified in the certificate. 35. Nothing in this Act shall be deemed to prevent any person
from being prosecuted under any other law for any act or
omission which also constitutes an offence against this Act
or from being liable under such other law which provides for
punishment or penalty greater than twice the punishment or
penalty for the same offence under this Act. 36. Nothing in this Act shall affect the right of the Government
or of any person to sue for and recover compensation for or in
respect of damage or injury caused by an offence against this Act.

ht of the Government
or of any person to sue for and recover compensation for or in
respect of damage or injury caused by an offence against this Act.

Cap.279
Proof and
admissibility of
documents and
signature
Liability under
other laws
Compensation
for damages or
injuries

Cap.279
Proof and
admissibility of
documents and
signature
Liability under
other laws
Compensation
for damages or
injuries

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
174
37. The court may award any amount not exceeding one half of
any fine imposed for an offence under this Act to the person,
other than a person in the service of the Government, who has
supplied information leading to the conviction of an offender. 38. An authorised officer may, orally or in writing, authorise
any person to detain or remove a person whom the authorised
officer reasonably believes to be an offender or intends to
contravene the provisions of sections 22(1)(a), (b), (c), (d) and
(g), 22(2)(f), (g) and (h) and or the regulations made under
this Act, pending the arrival of authorised officers. PART XIV
MISCELLANEOUS PROVISIONS
39. In granting of licences, concessions and other rights under
this Act, preference shall be had, where appropriate, to local
resident users and to the use of resources within the area of
the marine park or reserve to which such licence, concession
or right apply. 40.

o local
resident users and to the use of resources within the area of
the marine park or reserve to which such licence, concession
or right apply. 40.

A permit, licence or certificate shall not be issued under
this Act to any person who has been disqualified because of
past contravention or suspension for breach of terms and
conditions under the Wildlife Conservation Act or the National
Parks Act or any written law of any country relating to the
protection of wildlife, until the authorised officer specifically
lifts such disqualification. 41.–(1) The Minister may, if he considers necessary for the
furtherance of the objectives of this Act, recommend the
acquisition of land structure or any part of the land or structure
by the President under the Land Acquisition Act. (2) Where the President acquires land, structure or
place under subsection (1), the assessment of the amount
of compensation payable under the Land Acquisition Act,
shall not take into account paleontological, archaeological,
Award for
information
leading to
conviction of
offender
Detention of
offender spending
arrival of
authorised officer
Preference to
local resident
user in granting
licences, etc. Permit, etc., not
to be granted
to disqualified
persons
Cap. 283
Cap. 282
Land acquisition
and its effects
Cap. 118

nt
user in granting
licences, etc. Permit, etc., not
to be granted
to disqualified
persons
Cap. 283
Cap. 282
Land acquisition
and its effects
Cap. 118

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.175
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
historical, ecological or scientific value, unless the person to
be compensated paid any sum for that characteristic when
he acquired that land, structure or any part of the land or
structure. (3) Notwithstanding subsection (2), compensation shall
not be payable to an owner of land or of any interest upon
which works have been constructed, developed or improved
after the publication of a notice of intention to declare an area
to be a marine park or reserve or after submission of general
management plan, unless such construction development
or improvement has been done in reliance upon an express
permission from the unit or planning agency. 42. Where the President considers that, marine parks
and reserve may be conducted on a permanent and more
coordinated basis, he may, by order published in the Gazette,
declare the unit to be a body corporate. 43.

ve may be conducted on a permanent and more
coordinated basis, he may, by order published in the Gazette,
declare the unit to be a body corporate. 43.

Unless otherwise provided for in this Act or any subsidiary
legislation, or the general management plan, acts or omission
contrary to this Act, the Fisheries Act, the Fisheries Principal
Regulations, other Fisheries Regulations, the Wildlife
Conservation Act, or any other Act or provision governing the
conservation of natural resources shall apply to a marine park
or reserve. 44. No matter or thing done by the Director, an authorised
officer or any other person empowered to perform any function
under this Act, shall, if done in good faith in execution of his
function under this Act, render that person personally liable
for the matter or thing concerned. PART XV
REPEALS, SAVINGS AND
TRANSITIONAL PROVISIONS
45.–48. [Omitted.]
Unit to be body
corporate
Applicability of
other laws to this
Act
Cap. 279
Cap. 283
Liability of
authorised officer,
etc. Omitted

S
45.–48. [Omitted.]
Unit to be body
corporate
Applicability of
other laws to this
Act
Cap. 279
Cap. 283
Liability of
authorised officer,
etc. Omitted

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
176
49. Where any by law made by a local authority is inconsistent
with any provision of this Act or any subsidiary legislation or
general management plan, the provision of this Act or of the
other subsidiary legislation or general management plan shall
be construed so as to revoke, to the extent of the inconsistency,
the provision of such by law. 50. The Minister may, by order published in the Gazette, add
to, amend, vary or replace the First and Second Schedules to
this Act. FIRST SCHEDULE
(Made under section 4(2))
THE BOARD
1.

ished in the Gazette, add
to, amend, vary or replace the First and Second Schedules to
this Act. FIRST SCHEDULE
(Made under section 4(2))
THE BOARD
1.

The Board shall consist of members whose numbers shall not be less
than seven and not more than eleven including-
(a) the Permanent Secretary or his representative;
(b) the Director of Fisheries;
(c) an eminent marine scientist;
(d) a member of Parliament whose constituency includes the
area of a marine park;
(e) a representative from the Planning Commission or any other
agency dealing with national planning;
(f) a member from a Non-Governmental Organisation (NGO)
supporting marine parks and reserves;
(g) a business representative with a commercial interest in
marine parks or reserves; and
(h) not more than three other members to be appointed by the
Minister. 2. The Unit Manager and the Permanent Secretary shall be ex officio
members of the Board, and the Unit Manager shall be the Secretary to
the Board. 3. The Minister shall appoint a chairman from three candidates to be
nominated by the members of the Board. 4. The members of the Board shall, from among their number elect a
vice-chairman, who shall hold office for one year, but shall be eligible
for re-election subject to his continuing being a member of the Board.

lect a
vice-chairman, who shall hold office for one year, but shall be eligible
for re-election subject to his continuing being a member of the Board.

Provisions of this
Act to supersede
others
Amendment of
Schedules
Composition of
Board
Non-voting
members
Chairman
Vice-chairman

Provisions of this
Act to supersede
others
Amendment of
Schedules
Composition of
Board
Non-voting
members
Chairman
Vice-chairman

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.177
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
5. A member of the Board shall, except in case of misconduct or
termination for other reasons, hold office for three years, but shall be
eligible for re-election. 6.–(1) An ordinary meeting of the Board shall be convened by the
chairman and the notice specifying the place, date and time of the
meeting shall be sent to each member, at his usual place of business or
residence, not less than fifteen days before the date of the meeting. (2) The chairman or in his absence the vice-chairman, shall be
bound to convene a special meeting of the Board upon receipt of a
request in writing in that behalf signed by not less than two members
of the Board or where the chairman or vice-chairman is required to do
so, by the Minister. (3) The quorum at any meeting of the Board shall be five members.

Board or where the chairman or vice-chairman is required to do
so, by the Minister. (3) The quorum at any meeting of the Board shall be five members.

(4) A member who has an interest, direct or indirect, in the matter
before the members shall, as soon as reasonably practicable, disclose
to the chairman or vice-chairman the nature of the interest and shall
not, except with the consent of a majority of the remaining members
present and voting, take part in any deliberations or in the decision of
the Board. (5) Subject to other directions to be given by the Minister and the
provisions of this Schedule, the Board may regulate its own proceedings. 7. The Board shall, at least annually, report to the Minister about
activities, proposed development and other works on the marine parks,
and the Minister shall submit that report to the National Assembly for
approval.

activities, proposed development and other works on the marine parks,
and the Minister shall submit that report to the National Assembly for
approval.

SECOND SCHEDULE
(Made under section 5(2))
THE ADVISORY COMMITTEE
1.–(1) The Advisory Committee shall consist of members whose
number shall not be less than nine and shall not be more than eleven
including-
(a) one representative of the ministry responsible for fisheries;
(b) two persons who are members of village councils whose
villages are in the vicinity of or affected by a marine park;
(c) one representative of a local authority from an area containing
all or part of a marine park;
(d) two representatives from these business entities-
(i) a private commercial concern currently operating in the
fish or marine products industry in the vicinity of the
marine park; and
Tenure of office
Meeting of Board
Annual report
Composition of
Committee

the
fish or marine products industry in the vicinity of the
marine park; and
Tenure of office
Meeting of Board
Annual report
Composition of
Committee

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
178
(ii) a private commercial concern currently operating in the
tourism industry in the vicinity of the marine park or
reserve;
(e) an officer dealing with natural resources at a district level of
the district which includes at least part of the marine park;
(f) two representatives from among the following institutions
and organisations-
(i) a scientific institution with expertise in the field of
marine conservation; and
(ii) non-profit organisations concerned with marine
conservation;
(g) one representative of the regional authority with jurisdiction
over the area of the marine park; and
(h) one member to be appointed by the Director. 2. The members of the Advisory Committee shall select from among
their number, a chairman and a vice-chairman who shall hold office for
three years unless their membership is terminated, and shall be eligible
for re-election. 3.

a chairman and a vice-chairman who shall hold office for
three years unless their membership is terminated, and shall be eligible
for re-election. 3.

The Members of the Advisory Committee shall hold office for three
years and unless their membership is otherwise terminated due to
misconduct or any other reason, they shall be eligible for re-election. NON-VOTING MEMBERS
4. The Warden and the Unit Manager shall be ex officio members of
the Advisory Committee and the warden shall be the Secretary to the
Advisory Committee. MEETINGS AND PROCEDURAL MATTERS
5.–(1) An ordinary meeting of the Advisory Committee shall be
convened by the chairman and the notice specifying the place, date and
time of the meeting shall be sent to each member at his usual place of
business or residence not less than seven days before the date of the
meeting. (2) The chairman, or in his absence the vice-chairman shall be
bound to convene a special meeting of the Advisory Committee upon
receipt of a request in writing in that behalf signed by not less than two
members or where the chairman or vice-chairman is required to do so,
by the Permanent Secretary, unit manager or warden. Chairman and
Vice-chairman
Tenure of office
Ex-official
members
Meetings of
Committee

ed to do so,
by the Permanent Secretary, unit manager or warden. Chairman and
Vice-chairman
Tenure of office
Ex-official
members
Meetings of
Committee

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.179
THE MARINE PARKS AND RESERVES ACT [CAP. 146 R.E. 2023]
(3) The quorum at any meeting of the Advisory Committee shall be
five members.
(4) A member who has any interest, direct or indirect, in the matter
before the members shall, as soon as reasonably practicable, disclose
to the chairman or vice-chairman the nature of the interest, and shall
not, except with the consent of a majority of the remaining members
present and voting, take part in any deliberations or in the decision of
the Advisory Committee.
(5) Subject to other directions to be given by the Permanent
Secretary, Unit Manager or warden subject to the provisions of this
Schedule, the Advisory Committee shall regulate its own proceedings.
6. At least annually, the Advisory Committee shall report to the members
concerning activities, proposed developments and other works on the
marine parks, for approval by the members.
7. The unit manager shall emulate the conditions laid down under
item 5 of this Schedule in respect of a marine reserve.
Annual report
Conditions
specified in
Schedule

er shall emulate the conditions laid down under
item 5 of this Schedule in respect of a marine reserve.
Annual report
Conditions
specified in
Schedule

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.