The Public Land (Preserved Areas) Act

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CHAPTER 338
THE PUBLIC LAND (PRESERVED AREAS) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Declaration of preserved areas.
4. Effect of declaration of public land to be preserved area.
5. Saving as to existing rights of occupancy acquired
under customary law and customs.
6. Recording of title saved.
7. Demarcation.
8. Compensation for extinguishment of certain titles.
9. Regulations.

ed
under customary law and customs.
6. Recording of title saved.
7. Demarcation.
8. Compensation for extinguishment of certain titles.
9. Regulations.

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1. This Act may be cited as the Public Land (Preserved Areas)
Act. 2.–(1) In this Act, unless the context otherwise requires-
“effective date” in relation to any preserved area means the
date specified in an order made under section 3 to be the
date on which that area becomes a preserved area;
“Government lease” has the meaning ascribed to the
expression in the Freehold Titles (Conversion) and
Government Leases Act;
“Minister” means the Minister responsible for lands; and
“preserved area” means an area of public land declared by
the Minister to be a preserved area under the provisions
of section 3. (2) Save in respect of the expressions defined in
subsection (1), the expressions contained in this Act shall
have the meanings assigned to them in the Land Act. 3.–(1) The Minister may, by order published in the Gazette,
declare any area of public land to be a preserved area as from a
date specified in the order and may, at any time, vary or revoke
such order. Short title
Interpretation
Act No. 28 of 1965 ss. 2, 3
Cap. 393
Cap.

om a
date specified in the order and may, at any time, vary or revoke
such order. Short title
Interpretation
Act No. 28 of 1965 ss. 2, 3
Cap. 393
Cap.

113
Declaration of
preserved areas
Act No. 28 of 1963 s. 2
CHAPTER 338
THE PUBLIC LAND (PRESERVED AREAS) ACT
An Act to provide for the preservation of public land for the purpose of
its better utilisation and development and for the conservation of the
natural resources. [1st July, 1954]
Ord. No. 12 of 1954
[R.L. Cap. 338]
Acts Nos. 28 of 1965
17 of 1966

nd development and for the conservation of the
natural resources. [1st July, 1954]
Ord. No. 12 of 1954
[R.L. Cap. 338]
Acts Nos. 28 of 1965
17 of 1966

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THE PUBLIC LAND (PRESERVED AREAS) ACT [CAP. 338 R.E. 2023]
(2) Before declaring any area of public land to be a preserved
area, the Minister shall cause such inquiries to be made as he
thinks fit. 4.

.E. 2023]
(2) Before declaring any area of public land to be a preserved
area, the Minister shall cause such inquiries to be made as he
thinks fit. 4.

Notwithstanding the provisions of any other law and in
particular, but without prejudice to the generality of the
foregoing, the provisions of the Land Act, on the effective date
and thereafter the following provisions shall, subject to the
provisions of section 5, apply to all land within a preserved
area-
(a) no right of occupancy of any such land shall be capable
of being created or existing except by or under a grant
under the Land Act; and
(b) it shall not be lawful for any person to use or occupy
any such land except under-
(i) a Government lease;
(ii) a right of occupancy granted under the Land Act;
(iii) a sub-lease or other grant created out of a
Government lease or any such right of occupancy;
or
(iv) any other written authority to use or occupy land
granted by or on behalf of the President or any
other person holding office in the service of the
United Republic under an Act in force in Tanzania,
other than the Land Act.

of the President or any
other person holding office in the service of the
United Republic under an Act in force in Tanzania,
other than the Land Act.

5.–(1) Section 4 of this Act shall not prejudice or affect-
(a) the title of any native or native community to the use
and occupation of any land within preserved area
which such native or native community was lawfully
using or occupying in accordance with customary law
immediately before the effective date; or
(b) the title of any native or native community who or
which lawfully succeeds under customary law to the
use and occupation of land to which paragraph (a) of
this section applies:
Effect of
declaration of
public land to be
preserved area
Act No. 28 of 1963 s. 4
Cap. 113
Cap. 113
Saving as to
existing rights
of occupancy
acquired under
customary law
and customs
Acts Nos. 28 of 1965 s. 5
17 of 1966 s. 21

3 s. 4
Cap. 113
Cap. 113
Saving as to
existing rights
of occupancy
acquired under
customary law
and customs
Acts Nos. 28 of 1965 s. 5
17 of 1966 s. 21

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THE PUBLIC LAND (PRESERVED AREAS) ACT [CAP. 338 R.E. 2023]
Provided that, such title shall be extinguished if-
(i) at any time after the effective date such person or
community, or his or its successor in title, as the
case may be, abandons the land concerned for a
period of three months or more;
(ii) such person or community fails to apply for the
recording of the title within the time prescribed
therefor under section 6 or any extension of such
time granted by or under regulations made under
section 9;
(iii) the title is merged in a right of occupancy granted
in respect of the land concerned under the Land
Act; or
(iv) a right of occupancy is granted to the
Commissioner for Village Settlement over the
land concerned:
And provided further that, such title shall extend only to
the area of use or occupation which such native or native
community was lawfully using or occupying immediately
before the effective date.

end only to
the area of use or occupation which such native or native
community was lawfully using or occupying immediately
before the effective date.

(2) Where any title is extinguished in the circumstances
described in paragraph (ii) or paragraph (iv) of the first
proviso to subsection (1), the person whose title is so
extinguished shall, during the period of twelve months
immediately succeeding such extinguishment, have the same
right to enter upon the land subject thereto for the purpose of
harvesting any crop planted or growing thereon before such
extinguishment as he would have enjoyed had such title not
been extinguished. 6. An order made under section 3 declaring a preserved area
shall prescribe a date, not being earlier than three months after
the effective date, before which every person or community to
whom section 5 refers shall apply to the District Commissioner,
or some other person holding office in the service of the United
Recording of title
saved
Acts Nos. 28 of 1965 s. 6
17 of 1966 s. 22

ict Commissioner,
or some other person holding office in the service of the United
Recording of title
saved
Acts Nos. 28 of 1965 s. 6
17 of 1966 s. 22

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THE PUBLIC LAND (PRESERVED AREAS) ACT [CAP. 338 R.E. 2023]
Republic who is notified therein, for the recording of any title
in land in the areas to which that section refers:
Provided that, where the declaration is made for the
purpose of preserving land for future development by the
Commissioner for Village Settlement, the Commissioner may
be authorised and required to record such titles. 7. The Director of Surveys and Mapping shall cause-
(a) the boundaries of every preserved area to be beaconed;
and
(b) notices to be exhibited on such boundaries, both in the
English and appropriate vernacular languages, in such
manner as may be sufficient for such boundaries to be
known in the neighbourhood.

s, both in the
English and appropriate vernacular languages, in such
manner as may be sufficient for such boundaries to be
known in the neighbourhood.

8.–(1) Where the Minister proposes to grant to the
Commissioner for Village Settlement a right of occupancy
over any part of a preserved area in which any such title as
is referred to in paragraph (a) or (b) of section 5 subsists,
he may require the Commissioner for Village Settlement to
compensate the persons or communities having such titles
therein in accordance with the provisions of this section. (2) Compensation under this section shall be-
(a) the value of the unexhausted improvement in the land
effected by the occupier other than any crops which
he may harvest in accordance with subsection (2) of
section 5; and
(b) where the occupier is not nominated by or on behalf
of the Commissioner for Village Settlement as a
settler in an approved scheme or if, having been so
nominated, he becomes entitled to compensation in
cash in accordance with subsection (3), reasonable
compensation for disturbance. (3) Notwithstanding paragraph (a) of subsection (2), where
any occupier is nominated by or on behalf of the Commissioner
for Village Settlement as a settler in an approved scheme he
Demarcation
Compensation for
extinguishment
of certain titles
Acts Nos. 28 of 1965 s. 7
17 of 1966 s. 23

tlement as a settler in an approved scheme he
Demarcation
Compensation for
extinguishment
of certain titles
Acts Nos. 28 of 1965 s. 7
17 of 1966 s. 23

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THE PUBLIC LAND (PRESERVED AREAS) ACT [CAP. 338 R.E. 2023]
shall not be entitled to be paid any compensation in cash for
the value of the unexhausted improvement in the land unless-
(a) he is not granted a licence to occupy land in accordance
with the scheme;
(b) he is not granted a lease in accordance with the
scheme within five years of the date on which a
right of occupancy over the land was granted to the
Commissioner for Village Settlement; or
(c) if he has been granted such licence or lease, the same is
revoked or forfeited within such period of five years,
but the value of such unexhausted improvement shall be
credited to such person’s account with the Commissioner
for Village Settlement or any village settlement co-operative
society of which he may become a member and utilised to
reduce any sums owing by him to the Government in respect
of its recoverable expenditure on an approved scheme or to
the Commissioner for Village Settlement or such society.

y him to the Government in respect
of its recoverable expenditure on an approved scheme or to
the Commissioner for Village Settlement or such society.

(4) Where there is being any dispute as to the amount of
compensation or as to the person to whom it is payable it shall
be determined by a district court whose decision shall be final. (5) A scheme shall be an authorised scheme for the
purposes of this section if it is made by the Commissioner for
Village Settlement, is approved by the Minister, and contains
provisions whereby persons included as settlers therein shall be
entitled to a licence to cultivate some part of the land in the area
to which the scheme relates and, subject to their compliance
with the provisions of the scheme and to the rules made for the
administration and development of the settlement to which it
relates, to a lease of some part of such land. (6) Any compensation paid under this section shall be paid
out of moneys provided by Parliament.

ich it
relates, to a lease of some part of such land. (6) Any compensation paid under this section shall be paid
out of moneys provided by Parliament.

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THE PUBLIC LAND (PRESERVED AREAS) ACT [CAP. 338 R.E. 2023]
9. The Minister may make regulations prescribing the manner
in which titles to which section 5 refers shall be recorded, as to
the adjudication of such titles, and the reporting thereof to the
land office, and generally for the better carrying into effect of
the provisions of this Act.
Regulations
Act No.
28 of 1965 s. 8

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