The Natural Resources Act

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CHAPTER 259
THE NATURAL RESOURCES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
NATURAL RESOURCES BOARD
3. Establishment and composition of Natural Resources Board.
4. Quorum and proceedings of Board.
5. Functions of Board.
6. Board to give notice to interested parties.
7. Board may summon witnesses.
8. Penalty for giving false evidence.
9. Appeal from determination of Board.
10. Conservation Councils.
11. Functions of Conservation Council.
part iii
CONSERVATION AND IMPROVEMENT OF NATURAL RESOURCES
12. Board may make orders for conservation of natural resources.
13. Local authority to issue directions in certain cases.
14. Minister may construct works.
15. Apportionment of costs.
part iv
GENERAL PROVISIONS
16. Rights of entry.
17. Penalty for discharge of storm water.
18. Conservation officers.

orks.
15. Apportionment of costs.
part iv
GENERAL PROVISIONS
16. Rights of entry.
17. Penalty for discharge of storm water.
18. Conservation officers.

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378
19. Protection of despoiled or deteriorated areas.
20. Destocking and limitation of stock.
21. Penalty.
22. Primary courts.
23. Regulations.

2023]
378
19. Protection of despoiled or deteriorated areas.
20. Destocking and limitation of stock.
21. Penalty.
22. Primary courts.
23. Regulations.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Natural Resources Act.
2. In this Act, unless the context otherwise requires-
“court” includes a primary court established under the
Magistrates’ Courts Act;
“Board” means the Natural Resources Board constituted under
section 3 of this Act;
“Minister” means the Minister responsible for natural
resources;
“natural resources” means-
(a) the soil and waters of Mainland Tanzania;
(b) the animal, bird and fish life of Mainland Tanzania;
(c) the trees, grasses and another vegetable products of the
soil; or
(d) such other things as the Minister may, by proclamation
in the Gazette, declare to be natural resources;
“occupier” in relation to land means any person lawfully
occupying such land;
Short title
Interpretation
Cap. 11
Act No.
9 of 1996 Sch.
CHAPTER 259
THE NATURAL RESOURCES ACT
An Act to make provision for the conservation and improvement of the
natural resources and for related matters.
[1st January, 1949]
Ord. No.
30 of 1948
Act No.
9 of 1996
GNs. Nos.
148 of 1961
478 of 1962

rovement of the
natural resources and for related matters.
[1st January, 1949]
Ord. No.
30 of 1948
Act No.
9 of 1996
GNs. Nos.
148 of 1961
478 of 1962

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380
“owner” in relation to land, means the person, other than
a mortgagee not in possession entitled, either with or
without the consent of any other person, to dispose of an
interest in land;
“storm water” means all flow water directly due to rainfall,
before such water joins a stream;
“stream” means a water-course of natural origin wherein water
flows in ordinary seasons, whether or not such water-course
is dry during any period of the year and whether or not its
conformation has been changed by artificial means, and
includes swamps or marshes, whether forming the source
or found upon the course of or feeding such water-course. PART II
NATURAL RESOURCES BOARD
3.–(1) As from the date of the coming into operation of this
Act, there shall be established a Natural Resources Board
which shall comprise-.

ES BOARD
3.–(1) As from the date of the coming into operation of this
Act, there shall be established a Natural Resources Board
which shall comprise-.

(a) the Permanent Secretary of the Ministry responsible
for natural resources who shall be the Chairman of the
Board;
(b) the Permanent Secretary of the Ministry responsible
for local government;
(c) the Director of Natural Resources who shall be the
executive officer of the Board; and
(d) five other members to be appointed by the Minister of
whom four shall be persons not holding public office. (2) Members appointed by the Minister under subsection
(1) of this section shall hold office during the Minister’s
pleasure. (3) Where a member is prevented by illness, absence from
Tanzania or other cause from exercising his functions on the
Board, the Minister may appoint any person to act as deputy
for such member during his absence. Establishment
and composition
of Natural
Resources Board
GNs. Nos. 148 of 1961
478 of 1962

person to act as deputy
for such member during his absence. Establishment
and composition
of Natural
Resources Board
GNs. Nos. 148 of 1961
478 of 1962

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THE NATURAL RESOURCES ACT [CAP. 259 R.E. 2023]
4.–(1) Five members of the Board shall constitute a quorum at
any meeting of the Board. (2) All acts, matters and things authorised and required
to be done by the Board shall be decided by resolution at any
meeting at which a quorum is present. (3) The Chairman at any meeting shall, in addition to his
deliberative vote as a member of the Board, have a casting vote. (4) In the absence of the Chairman at any meeting of the
Board, the members present shall elect one of their number to
be the Chairman. (5) The procedure of the meetings of the Board shall be
determined by the Board. 5.

embers present shall elect one of their number to
be the Chairman. (5) The procedure of the meetings of the Board shall be
determined by the Board. 5.

The functions of the Board shall be to-
(a) exercise general supervision over natural resources;
(b) examine all projects concerning the conservation and
improvement of water supplies and soil submitted to it
by the Minister and Conservation Councils;
(c) stimulate by propaganda and such other means as it may
deem expedient a public interest in the conservation
and improvement of natural resources;
(d) recommend to the Minister the nature of legislation
for the proper conservation, use and improvement of
natural resources as it may deem necessary;
(e) make orders for conservation of natural resources;
(f) approve works to be carried out by the Minister under
section 14 of this Act;
(g) apportion costs under section 15 of this Act;
(h) reserve land under section 19 of this Act;
(i) make recommendations in connection with the
declaration and cessation of National Parks, Game
Reserves and Forest Reserves;
(j) make recommendations in connection with the functions
of Conservation Councils;
(k) report to the Minister any recommendation of the Board
in connection with destocking and the limitation of
stock;
Quorum and
proceedings of
Board
Functions of
Board
GN. No. 478 of 1962

ndation of the Board
in connection with destocking and the limitation of
stock;
Quorum and
proceedings of
Board
Functions of
Board
GN. No. 478 of 1962

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382
(l) recommend advances to owners or occupiers to enable
them to carry out works under section 12 of this Act;
(m) submit to the Minister an annual report; and
(n) carry out such other duties as the Minister may require. 6.–(1) When any matter arises for the determination of the
Board, all persons having an interest in that matter shall, where
reasonable, be notified in writing of the questions at issue and
given facilities for making such representations thereon as
they may wish. (2) Interested persons referred to under subsection (1) may
appear before the Board in person or by advocate. 7.–(1) For the determination of any subject under consideration,
the Board shall have the powers which a subordinate court has
to summon witnesses, to cause the oath to be administered
to them, to examine them and to call for the production of
documents.

subordinate court has
to summon witnesses, to cause the oath to be administered
to them, to examine them and to call for the production of
documents.

(2) A summons for the attendance of a witness or for the
production of any book, document or record before the Board
shall be signed and issued by the Executive Officer of the Board,
and shall be served in the same manner as a summons for the
attendance of a witness at a criminal trial in a subordinate
court. (3) Any person summoned to give evidence or to produce
any book, document or record, or giving evidence before the
Board, shall be entitled to the same privileges and immunities
as if he were summoned to attend or were giving evidence at a
trial in a subordinate court. (4) Any person who fails without reasonable excuse to attend
in obedience to such summons, or, subject to the provisions of
subsection (3) of this section, fails to answer fully to the best
of his knowledge any question relevant to the matter under
investigation, or when required fails to produce any book,
document or record commits an offence. Board to give
notice to
interested parties
Board may
summon
witnesses

when required fails to produce any book,
document or record commits an offence. Board to give
notice to
interested parties
Board may
summon
witnesses

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THE NATURAL RESOURCES ACT [CAP. 259 R.E. 2023]
8. Any person who, after having been duly sworn, willfully
gives false evidence before the Board, knowing that evidence
to be false or not knowing or not believing it to be true, shall
be deemed guilty of perjury and shall, on conviction by a court
of competent jurisdiction, be punished accordingly. 9.–(1) The Board shall communicate in writing the terms of
any approval, decision, order or direction made by it in terms
of sections 12, 14, 15 and 19 of this Act, hereinafter referred
to as a determination, to any person who is or may be directly
affected by that determination. (2) Any person who considers such determination is
inequitable, unreasonable or unduly harsh may, within such
time as may be prescribed, appeal to the Minister whose
decision shall be final. 10. The Minister may, on the advice of the Board, by notice
in the Gazette for the area defined in such notice, appoint a
council to be called a Conservation Council. 11.

, on the advice of the Board, by notice
in the Gazette for the area defined in such notice, appoint a
council to be called a Conservation Council. 11.

The functions of a Conservation Council shall be-
(a) generally to co-operate with and assist the Board in
carrying out the provisions of this Act;
(b) to formulate for submission to the Board conservation
schemes in the area for which it is appointed; and
(c) on the recommendation of the Board and with the
approval of the Minister, to undertake the construction
of works and other measures for the conservation of
natural resources in the area for which it is appointed. PART III
CONSERVATION AND IMPROVEMENT
OF NATURAL RESOURCES
12.–(1) The Board, where it considers that-
(a) measures are necessary for the conservation of natural
resources on any land; and
Penalty for giving
false evidence
Appeal from
determination of
Board
GN. No. 478 of 1962
Conservation
Councils
GN. No. 478 of 1962
Functions of
Conservation
Council
GN. No. 478 of 1962
Board may
make orders for
conservation of
natural resources

rvation
Councils
GN. No. 478 of 1962
Functions of
Conservation
Council
GN. No. 478 of 1962
Board may
make orders for
conservation of
natural resources

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384
(b) having regard to all the circumstances, it is just and
equitable that such measures should be undertaken by
the owner or occupier of such land,
may order in writing the owner or occupier as the Board may
decide to undertake or adopt such measures as it may deem
necessary for the conservation of natural resources on such
land and the prevention of injury to the natural resources on
other land:
Provided that, all orders in respect of such public lands
occupied by natives shall be addressed to the Regional
Commissioner of the Region in which such public lands are
situate.

respect of such public lands
occupied by natives shall be addressed to the Regional
Commissioner of the Region in which such public lands are
situate.

(2) The order made under subsection (1) may relate only to-
(a) the use to which the land may be put;
(b) the preservation and protection of the source, course
and banks of streams;
(c) the prohibition or restriction of cultivation of any part
of the land;
(d) the method of cultivation of the land;
(e) the manner of watering, grazing, depasturing and moving
stock;
(f) the control of water, including storm water; or
(g) the construction and maintenance of works for the
conservation of natural resources. (3) Where any owner or occupier of land other than public
lands occupied by natives fails or neglects to carry out any
order made under subsection (1) of this section within such
reasonable time as may be fixed by the Board, he shall be guilty
of an offence and in addition to any penalty it may impose, the
court shall make an order requiring the owner or occupier, as
the case may be, to carry out within a specified time the order
of the Board. (4) Where any owner or occupier of land fails or neglects
to carry out any order relating to paragraphs (f) and (g) of
subsection (2) of this section within such reasonable time as the
Board may have fixed, the Minister may carry out or complete

ragraphs (f) and (g) of
subsection (2) of this section within such reasonable time as the
Board may have fixed, the Minister may carry out or complete

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THE NATURAL RESOURCES ACT [CAP. 259 R.E. 2023]
works which are necessary to give effect to such order and the
amount of the cost of such works shall be a debt due by the
owner or occupier, as the case may be, to the Government and,
until discharged, interest shall be paid thereon at a rate not
exceeding three pounds ten shillings per centum per annum or
its equivalent in Tanzania shillings:
Provided that, the Minister shall not exercise his powers
under this subsection in respect of public lands occupied by
natives without first informing the Regional Commissioner in
whose region such public lands are situate.

ection in respect of public lands occupied by
natives without first informing the Regional Commissioner in
whose region such public lands are situate.

(5) Where an advance to an owner or occupier has been
made by Government to enable him to carry out an order under
this section, or the Minister has carried out or completed works
which are necessary to give effect to such order, such advance
or the amount of cost incurred by the Minister shall be a debt
due by such owner or occupier to Government, and until
discharged, interest shall be paid at a rate not exceeding three
pounds ten shillings per centum per annum or its equivalent in
Tanzania shillings. (6) For the purposes of this section, owner in respect of
public lands occupied by natives shall be deemed to include
the local government in whose area such lands are situate. 13.–(1) Where a local authority is informed by the Regional
Commissioner of orders issued by the Board under section
12 of this Act in regard to public lands occupied by natives
in its area, it shall give directions to the users of such land to
adopt such measures as may be necessary for the conservation
of natural resources on such land and the prevention of injury
to the natural resources on other land by the acts or omissions
of such users.

ervation
of natural resources on such land and the prevention of injury
to the natural resources on other land by the acts or omissions
of such users.

(2) The directions given under subsection (1) may relate to-
(a) the use to which the land may be put;
(b) the preservation and protection of the source, course
and banks of streams;
(c) the prohibition or restriction of cultivation of any part
of the land;
Local authority to
issue directions in
certain cases

and banks of streams;
(c) the prohibition or restriction of cultivation of any part
of the land;
Local authority to
issue directions in
certain cases

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386
(d) the method of cultivation of the land;
(e) the manner of watering, grazing, depasturing and moving
stock; or
(f) the control of water, including storm water. (3) Where any user of land fails or neglects to carry out any
directions made under this section within such reasonable time
as may be fixed by the local authority concerned, commits an
offence and in addition to any penalty it may impose, the court
shall make an order requiring the user of the land to carry out
within a specified time, the order of the Board.

any penalty it may impose, the court
shall make an order requiring the user of the land to carry out
within a specified time, the order of the Board.

14.–(1) Notwithstanding the provisions of the Water Resource
Management Act, the Minister may-
(a) if the Board decides that the proposed works should
not be the subject of an order under section 12 of this
Act; and
(b) if the Board approves of such works as being within the
public interest,
construct and maintain upon any land such works as he may
deem necessary for any of the following purposes-
(i) the protection of the source, course and feeders of
a stream;
(ii) the disposal and control of water including storm
water; or
(iii) the mitigation and prevention of soil erosion. (2) No such work shall be carried out on public lands occupied
by natives without first informing the Regional Commissioner
in whose region the work is to be carried out. (3) The cost of the construction of such work shall, in the
first instance, be paid from general revenue. 15.–(1) The Minister shall notify the Board of the cost of any
works constructed under the powers conferred by section 14
of this Act.

eneral revenue. 15.–(1) The Minister shall notify the Board of the cost of any
works constructed under the powers conferred by section 14
of this Act.

(2) Where the Board is of opinion that, having regard to all
the circumstances, it is just and equitable that the owner of any
land upon which any such works have been executed, or such
Minister may
construct works
Cap. 331
Apportionment
of costs

quitable that the owner of any
land upon which any such works have been executed, or such
Minister may
construct works
Cap. 331
Apportionment
of costs

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THE NATURAL RESOURCES ACT [CAP. 259 R.E. 2023]
owner and the owners of any other land which, in its opinion,
has benefited from such works, should pay or contribute
towards the cost thereof, it shall notify the Minister and the
owner or each of the owners accordingly, and shall in such
notification specify the amount of such costs, to be borne by
the Government and the amount of payment or contribution
to be made by such owner or by each of such owners. (3) The amount of payment or contribution fixed by the
Board in terms of subsection (2) of this section shall be a debt
due by the owner to the Government and, until discharged,
interest shall be paid thereon at a rate not exceeding three
pounds ten shillings per centum per annum or its equivalent
in Tanzania shillings, with effect from the date of notification. (4) For the purposes of this section, owner in respect of
public lands occupied by natives shall be deemed to include
the local authority in whose area such lands are situate.

his section, owner in respect of
public lands occupied by natives shall be deemed to include
the local authority in whose area such lands are situate.

PART IV
GENERAL PROVISIONS
16.–(1) Subject to the restrictions imposed by subsection (2)
of this section, and to the extent necessary for exercising the
powers conferred or performing the duties imposed by this
Act, any officer or person authorised in writing by the Board,
the Minister, a Conservation Council or a local authority
shall have the right to enter upon any land or premises at all
reasonable times with such men, animals, vehicles, appliances
and instruments and to do all such acts thereon as are
necessary for or incidental to the exercise of the powers or the
performance of the duties under this Act. (2) The exercise of the rights conferred by subsection (1) of
this section shall be subject to the following restrictions:
(a) a person shall not enter any building or any enclosed
yard attached to a dwelling except with the consent of
the occupant; and
Rights of entry

ns:
(a) a person shall not enter any building or any enclosed
yard attached to a dwelling except with the consent of
the occupant; and
Rights of entry

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388
(b) as little damage as possible shall be caused to any land or
premises by the exercise of such rights, and compensation
shall be paid for all damage so caused by the authority
exercising such rights and the amount of compensation,
if not mutually agreed upon, shall be determined by
arbitration. (3) Where any person prevents such entry on any area as is
authorised by this section, or willfully obstructs or hinders any
person so authorised in lawfully carrying out his powers or
duties under this Act, commits an offence. 17. A person who by any act or by neglect, causes damage to
another by diverting storm water from its natural course, or
who injures any soil or water conservation work, commits an
offence and in addition to any other penalty, a court may order
the payment of compensation. 18.–(1) The Board may appoint officers, to be called
conservation officers, whose duty shall be to assist the
Board in supervising natural resources and encouraging the
conservation and improvement of natural resources.

icers, whose duty shall be to assist the
Board in supervising natural resources and encouraging the
conservation and improvement of natural resources.

(2) The conservation officers shall, either on their own
initiative or at the request of the Board, report to the Board
on such matters as appear relevant to the objects and purposes
of this Act, and shall carry out such other duties as may be
assigned to them by the Board in the exercise of its functions. 19.–(1) Where any lands not held under a freehold title or
in accordance with section 7 of the Land Act have become
despoiled or are deteriorating by over-grazing or misuse,
the Board may, with the approval of the Minister, direct that,
the whole or part of that land be reserved against human
occupation or cultivation, the depasturing of stock or the
cutting down or destruction of trees and other vegetation. (2) No direction shall be given under subsection (1) of
this section in respect of any public lands occupied by natives
unless the Minister is satisfied that, suitable provision has
Penalty for
discharge of
storm water
Conservation
officers
Protection of
despoiled or
deteriorated areas
GN. No. 478 of 1962
Cap. 113

le provision has
Penalty for
discharge of
storm water
Conservation
officers
Protection of
despoiled or
deteriorated areas
GN. No. 478 of 1962
Cap. 113

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THE NATURAL RESOURCES ACT [CAP. 259 R.E. 2023]
been made elsewhere for natives who may be affected by such
reservation and such direction may at any time be revoked or
modified by the Board. (3) A person who fails to comply with any direction issued
under this section commits an offence. 20.–(1) Where the Minister is satisfied that the natural
resources of any area are being injured or are deteriorating
through overstocking of domestic animals, he may authorise
the reduction of the number of such animals and prescribe
the maximum number and class of such animals that may be
depastured in such area. (2) Destocking and limitation of stock in terms of this
section shall be carried out in accordance with rules made
under this Act after consultation with the Livestock Board. 21.

n of stock in terms of this
section shall be carried out in accordance with rules made
under this Act after consultation with the Livestock Board. 21.

A person convicted of an offence under this Act shall be
liable-
(a) in the case of a first conviction, to a fine not exceeding
five hundred shillings or, in default of payment, to
imprisonment for a period not exceeding two months;
or
(b) in the case of a second or subsequent conviction, to a fine
not exceeding one thousand shillings or, in default of
payment, to imprisonment for a period not exceeding
three months. 22. Primary courts established under the Magistrates’ Courts
Act may try any person for offences under this Act. 23. The Minister may make regulations prescribing-
(a) the manner in which destocking and limitation of stock
shall be carried out;
(b) the manner in which the functions of Conservation
Councils shall be exercised;
Destocking and
limitation of
stock
GN. No. 478 of 1962
Penalty
Primary courts
Cap. 11
Regulations
GN. No. 478 of 1962

ion
Councils shall be exercised;
Destocking and
limitation of
stock
GN. No. 478 of 1962
Penalty
Primary courts
Cap. 11
Regulations
GN. No. 478 of 1962

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390
(c) the conditions on which loans, subsidies or grants in
aid may be made to Conservation Councils in respect
of conservation schemes undertaken by them;
(d) the apportionment of costs between owners; or
(e) anything for the better carrying out of the objects and
purposes of this Act.