THE PROTECTED PLACES AND AREAS ACT

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CHAPTER 74
THE PROTECTED PLACES AND AREAS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Authorisation of guards and watchmen.
4. Protected place.
5. Protected area.
6. Measures for protection of protected place or area.
7. Safeguarding of information.
8. Regulations.
9. Power of arrest.
10. Evidence.

otected area.
6. Measures for protection of protected place or area.
7. Safeguarding of information.
8. Regulations.
9. Power of arrest.
10. Evidence.

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1. This Act may be cited as the Protected Places and Areas Act. 2.

No part of this book may be reproduced or distributed without permission of OAG.300
1. This Act may be cited as the Protected Places and Areas Act. 2.

In this Act, unless the context otherwise requires-
“authorised officer” means-
(a) any police officer of or above the rank of an Assistant
Inspector;
(b) in relation to any region, the Regional Commissioner
of the region; and in relation to any district, the District
Commissioner of the district;
(c) any person performing the duties of a guard in a
protected place or a protected area authorised in that
behalf under the provisions of section 3;
(d) any other person or class of persons declared by the
Minister by order in the Gazette to be an authorised
officer or officers for the purposes of this Act either
generally or in respect of any specified place or area or
class of places or areas;
“Minister” means the Minister responsible for legal affairs;
“premises” includes any land in Tanzania and any building
or structure upon such land;
“protected area” means any area declared to be a protected
area under section 5;
“protected place” means any premises declared to be a protected
place under section 4. 3.

ns any area declared to be a protected
area under section 5;
“protected place” means any premises declared to be a protected
place under section 4. 3.

A Regional Commissioner, a District Commissioner or a
police officer of or above the rank of Assistant Superintendent
Short title
Interpretation
Authorisation
of guards and
watchmen
CHAPTER 74
THE PROTECTED PLACES AND AREAS ACT
An Act to provide for the protection of certain areas and places. [7th November, 1969]
Act No. 38 of 1969

HAPTER 74
THE PROTECTED PLACES AND AREAS ACT
An Act to provide for the protection of certain areas and places. [7th November, 1969]
Act No. 38 of 1969

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THE PROTECTED PLACES AND AREAS ACT [CAP. 74 R.E. 2023]
may authorise in writing any person performing the duties of
a guard or a watchman in a protected place or protected area
to exercise the powers of an authorised officer in such place or
area. 4.–(1) Where in regard to any premises, the Minister is of the
opinion that it is necessary or expedient that special precautions
should be taken to prevent the entry of unauthorised persons,
he may, by order in the Gazette, declare such premises to be a
protected place for the purposes of this Act.

revent the entry of unauthorised persons,
he may, by order in the Gazette, declare such premises to be a
protected place for the purposes of this Act.

(2) Where any premises are declared to be a protected place
for the purposes of this Act no person other than a person who
is, or who belongs to a class of persons which is, specifically
exempted in the order made under subsection (1) or in any
subsequent order, shall enter such premises or be in such
premises unless he is the holder of a valid permit issued by
such authority or person as may be specified in that order or
unless he has received permission of the authorised officer on
duty at the premises to enter upon or remain in them. (3) Where under this section, any person has been issued
with a permit or is granted permission to enter upon, or be
in, a protected place, that person shall, while in that place,
comply with the conditions, if any, specified in the permit
or with such directions for regulating his conduct as may be
given by the authority or person granting the permission, and
an authorised officer or any person authorised in that behalf by
the occupier of the premises may search any person entering
or seeking to enter or who is found to be in a protected place,
and may detain him for the purpose of searching him.

es may search any person entering
or seeking to enter or who is found to be in a protected place,
and may detain him for the purpose of searching him.

(4) A person who, not being a person who is exempt from
the provisions of an order made under subsection (1)-
(a) enters or is found in any protected place without being
in possession of a valid permit authorising him to do so
or without the permission of the authorised officer; or
(b) fails to comply with any condition of the permit or with
any direction given by the authorised officer,
Protected place

the authorised officer; or
(b) fails to comply with any condition of the permit or with
any direction given by the authorised officer,
Protected place

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302
commits an offence and on conviction shall be liable to a fine
not exceeding twenty thousand shillings or to imprisonment
for a term not exceeding three years, or to both. 5.–(1) Where in regard to any area, the Minister is satisfied
that it is necessary or expedient that special measures be taken
to control the movement and conduct of persons, he may
by order published in the Gazette declare such area to be a
protected area and in such order provide-
(a) that no person shall enter or be in that area unless he is
the holder of a valid permit issued by the authority or
persons as may be specified in the order; or
(b) that any person who enters or is in any protected area shall
comply with the directions regulating his movements
and conduct as may be given by an authorised officer. (2) The Minister may, in an order made under subsection
(1) or by any subsequent order, exempt any person or class of
persons from the provisions of that order.

nister may, in an order made under subsection
(1) or by any subsequent order, exempt any person or class of
persons from the provisions of that order.

(3) An authorised officer may search any person entering or
seeking to enter or who is found in, a protected area and may
detain any such person for the purposes of searching him. (4) Where any area is declared to be a protected area, any
person who, not being a person exempted under the provisions
of subsection (2)-
(a) if the area is an area in relation to which an order has
been made in terms of paragraph (a) of subsection (1),
enters such area or is found therein without being in
possession of a valid permit issued under subsection (1);
(b) fails to comply with any of the conditions of a permit
issued to him; or
(c) if the area is an area in relation to which an order has
been made in terms of paragraph (b) of subsection (1),
while in the area, fails to comply with any direction given
by an authorised officer,
Protected area

made in terms of paragraph (b) of subsection (1),
while in the area, fails to comply with any direction given
by an authorised officer,
Protected area

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THE PROTECTED PLACES AND AREAS ACT [CAP. 74 R.E. 2023]
commits an offence and on conviction shall be liable to a fine
not exceeding twenty thousand shillings or to imprisonment
for a term not exceeding three years, or to both. 6.–(1) The Minister may, by notice in writing to the occupier
of any place of or protected area, direct the occupier at his
protected own expense to take such measures for the better
protection of the place or area as the Minister may consider
reasonably necessary. (2) Where an occupier fails or refuses, within the time as
may be specified in the notice given to him under subsection
(1) or in any subsequent notice to comply with the directions
given under the provisions of that subsection the Minister may
cause the necessary measures to be taken, and the expenses
incurred in so doing shall be a debt due from the occupier to
the United Republic and may be recovered accordingly.

ures to be taken, and the expenses
incurred in so doing shall be a debt due from the occupier to
the United Republic and may be recovered accordingly.

7.–(1) The Minister may, by notice in writing, require an
occupier of any protected place or protected area to take such
steps as the Minister may deem necessary in the public interest
for the safeguarding of any information relating to such place
or area, or for the security of any classified information or
document which may be furnished to the occupier, in his
capacity as such, by public officer. (2) A person who fails to comply with any of the requirements
of a notice issued to him under subsection (1) commits an
offence and on conviction shall be liable to a fine not exceeding
two thousand shillings or to imprisonment for a term not
exceeding six months or to both. 8. The Minister may make regulations for the better carrying out
of the provisions and purposes of this Act and without prejudice
to the generality of the foregoing, may make regulations-
(a) requiring the erection by persons specified in the
regulations or in any order made thereunder of holding
notices at or near the site of protected places and protected
areas;
Measures for
protection of
protected place
or area
Safeguarding of
information
Regulations

t or near the site of protected places and protected
areas;
Measures for
protection of
protected place
or area
Safeguarding of
information
Regulations

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304
(b) prescribing the forms of permits for entry in a protected
place or a protected area.
9. A police officer may arrest without warrant any person
reasonably suspected of having committed or of committing
an offence contrary to any of the provisions of this Act or of
any regulations made thereunder.
10. In any proceedings for an offence under this Act the burden
of proving-
(a) that he is a person who is exempt from an order made
under subsection (2) of section 4 or subsection (2) of
section 5;
(b) that he entered or was in the protected place or the
protected area as the case may be, under the authority
of a valid permit issued to him; or
(c) that he entered or was in any protected place or
protected area with the permission of the authorised
officer on duty at such place,
shall be on the alleged offender and in the absence of such
proof, the contrary shall be presumed.
Power of arrest
Evidence