CHAPTER 224
THE BEEKEEPING ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
part i
PRELIMINARY PROVISIONS
Section Title
1. Short title.
2.
Interpretation.
part ii
THE OBJECTIVES OF THIS ACT
3. Objectives of this Act.
part iii
ADMINISTRATION
4. Responsibilities of Minister.
5. Director responsible for beekeeping.
6. Licensing officers, enforcement officers and inspectors.
7.
8. Relationship between Ministry and other authorities.
9. Conflict of interest.
10. Establishment of National Beekeeping Advisory Committee.
Information to public.
part iv
BEE RESERVES AND ZONES
11. Powers of the Minister to establish bee reserve.
12. Private bee reserves.
13. Procedures for declaration of gazetted bee reserve.
14. Boundaries of gazetted bee reserve.
15. Power to alter and degazetted bee reserve.
16. Management of gazetted bee reserve.
17. Prohibited activities within gazetted bee reserve.
18.
19. Declared local authority bee reserve.
20. Declared village bee reserve.
Joint management agreement for gazetted bee reserve.
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21. Power of local authority to make by-laws.
22. Supervision of village and community bee reserves by local authorities.
23. Establishment of beekeeping zones.
24. Beekeeping in beekeeping zones.
25. Local authority beekeeping zones.
26. Environmental Impact Assessment.
part v
REGISTRATION OF BEEKEEPERS
27. Establishment of beekeepers registration system.
part vi
REGULATION OF BEEKEEPING ACTIVITIES
Inspection for bees.
28. Powers of Director to restrict beekeeping.
29. Honey not to be exposed.
30. Protection against wax moth and other pests.
31. Reporting of notifiable disease.
32.
33. Duties of beekeepers in respect of diseases.
34. Powers of inspectors in relation to disease.
35. Declaration of infected area.
36. Control on importation of bees.
37. Quarantine area.
part vii
FINANCIAL PROVISIONS
38. Power to charge fees.
39. Power to set and collect fees.
40. Establishment of Beekeeping Development Fund.
41. Purposes of Fund.
42. Administration of Fund.
part viii
OFFENCES AND PENALTIES
Interference with or obstruction of officers.
43. Offences.
44.
45. Powers of officers.
46. Custody of seized bees and appliances.
47. Compounding of offences.
48. Repealed.
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49. Additional orders on conviction.
50. Reward to informer.
51. Protection of officers.
part ix
MISCELLANEOUS PROVISIONS
52. Arrangement for research.
53. Arrangement for training.
54. Following swarms of bees.
55. Appeals.
56. Rights of entry.
57. Call for information.
58. Power to make regulations.
59. Power to grant exemptions.
SCHEDULES
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THE BEEKEEPING ACT
An Act to make provisions for the orderly conduct of beekeeping, for the
improvement of the products of beekeeping and for the prevention and
eradication of diseases and pests amongst bees.
[1st January, 2005]
[GN. No. 435 of 2005]
Acts Nos.
15 of 2002
1 of 2008
PART I
PRELIMINARY PROVISIONS
Short title
1. This Act may be cited as the Beekeeping Act.
Interpretation
2. In this Act, unless the context requires otherwise-
“apiary” means a beehive or a collection of beehives, whether
stocked or unstocked;
“apiary product” includes live bees, brood, beeswax, honey,
cut comb honey, comb sections, bee combs, honey dew,
bee collected pollen, bee venom, propolis or royal jelly
or any substance declared by regulations to be an apiary
product for purposes of this Act;
“appliance” means any fitting, utensil, apparatus or
implement that is used or has been used for purposes of,
or in connection with, beekeeping, or in the processing,
handling or storing of apiary products;
“authorised officer” means a beekeeping officer or any other
officer appointed as such in writing by the Minister or
Director to exercise any power or discharge any duty under
this Act or any subsidiary legislation made under this Act;
“bee” means an insect of the genus Apis or Meliponula
or Trigona or any other genus of bee prescribed in
regulations for purposes of this Act;
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“beehive” means a receptacle used for housing living bees
and includes a hive;
“beekeeper” means a person who owns or has under his
control or possession bees in his apiary or a person on
whose behalf bees or an apiary are kept;
“beekeepers registration system” means the system which
may be established in accordance with the provisions of
section 27 of this Act;
“Beekeeping Development Fund” means the fund established
by section 40 of this Act;
“beekeeping equipment”
includes hives, supers, hive
covers, hive floors, hive tools, queen excluders, bee
protectives, beesmoker, gears used in luring, handling
and manipulating bees, honey and beeswax strainers,
honey extractors, honey and beeswax storage facilities,
frames, combs and any equipment used for processing
and marketing of bee products and includes the honey,
brood and pollen in the combs;
“beekeeping zone” means an area of land within a national
or local authority forest reserve in which the keeping of
bees and management of apiaries in accordance with an
approved management scheme is permitted;
“bee reserve” means an area of land declared to be as such by
an Order made under section 11(1) of this Act;
“beeswax” means the wax secreted by bees as bee comb
material and includes raw beeswax and refined beeswax;
“brand” means a permanent impression of any letter,
sign, number or character made upon any beekeeping
equipment;
“broodbox” means the bottom box of an active beehive and
includes a beehive designated for rearing brood;
“cappings” means the covering and adhering beeswax over
comb cells, pollen or brood that is removed before the
honey extracting process;
“chief executive officer” means the chief officer of the
administrative, professional and technical services of a
local authority, by whatever name called;
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“colony” means a family of queen and brood bees of any
size and includes a colony temporarily without a queen,
brood drones or workers;
“comb” means a structure of cells made of beeswax;
“commercial beeswax” means worked beeswax produced for
sale by a manufacturer of apiary products;
“Committee” means the National Beekeeping Advisory
Committee established under section 10 of this Act;
“declared village bee reserve” means a bee reserve referred
to in section 20 of this Act;
“Director” means the person responsible for Beekeeping;
“disease” means any infectious disease to which bees are
subject and includes any parasite of bees;
“Division” means the Division responsible for beekeeping;
“Environmental Impact Assessment” has the meaning
ascribed to it by section 26 of this Act;
“Executive Agency” has the meaning ascribed to it by the
Cap. 245
Executive Agencies Act;
“frame” means a frame in which bee combs are built;
“Fund” means the Beekeeping Development Fund established
under section 40 of this Act;
“gazetted bee reserve” means a national or local authority
bee reserve declared by the Minister to be a gazetted bee
reserve;
“general land” has the meaning ascribed to it by section 2 of
Cap. 113
the Land Act;
“Group” means a community management Group;
“hive produce” means honey, pollen, beeswax, propolis
or royal jelly, bee venom and any other product of the
beehive that may be prescribed;
“honey” means saccharine secretions from the nectaries
of flowers that are gathered, modified and stored in bee
combs and are laevo-rotatory;
“honey dew” means the saccharine exudations of living parts
of plants and the sweet liquid excreted by hemipterous
insects feeding on plants that are gathered, modified and
stored in bee combs and are dextrorotatory;
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“import permit” means an import permit granted under
section 36 of this Act;
“infected” includes contaminated and also includes infested;
“joint management agreement” is the plan referred to in
section 18 of this Act;
“local authority” means a district council or an urban
authority;
“local authority bee reserve” means a bee reserve wholly
owned by the local authority;
“local authority beekeeping zone” means an area of land
established as a local authority beekeeping zone under
section 25 of this Act;
“local authority forest reserve” means a forest reserve
Cap. 323
declared as such under the Forest Act;
“Minister” means the Minister for the time being responsible
for beekeeping;
“Ministry” means the Ministry for the time being responsible
for beekeeping;
“national bee reserve” means a bee reserve wholy owned by
the Government;
“national forest reserve” means a forest reserve declared as
Cap. 323
such under the Forest Act;
“notice of intention” means the notice referred to in section
13 of this Act;
“notifiable disease” means a disease or pest notified by
order published in the Gazette as a notifiable disease for
purposes of this Act;
“pests” means the greater wax moth, the honey badger and
such other animal, bird or insect as may from time to
time be declared by order published in the Gazette to be
a pest for purposes of this Act;
“Policy” means the National Beekeeping Policy;
“private bee reserve” means a bee reserve owned by
individual, Group of persons or a Group or community;
“quarantine area” means an area declared by the Minister to
be a quarantine area under section 37 of this Act;
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Objectives of this
Act
“raw beeswax” includes beeswax which is heated in order to
remove the honey therefrom but from which extraneous
matter has not been removed;
“register” means the register of beekeepers which may be
established under Part V of this Act;
“Trustees” means the Trustees of the Beekeeping Development
Fund appointed under section 40 of this Act;
“village assembly” means the village assembly of any village;
“village council” means, in relation to a village, the village
council of that village.
PART II
THE OBJECTIVES OF THIS ACT
3. The objectives of this Act shall be-
(a) to promote and enhance the contribution of the
beekeeping sector to the sustainable development of
Tanzania and the conservation and management of her
natural resources for the benefit of present and future
generations;
(b) to enhance national capacity to manage and develop
the beekeeping sector and enable the sector to make a
contribution to the alleviation of poverty;
(c) to ensure that the management and development of
beekeeping is devolved to the lowest possible level
of Government consistent with maintaining and
promoting high standards of quality;
(d) to ensure the sustainable existence of honey bees by the
creation, maintenance and effective management of
bee reserves and apiaries;
(e) to improve the quality and quantity of honey, beeswax,
and other bee products to ensure the sustainable supply
of the same;
(f) to improve biodiversity and increase employment and
foreign exchange earnings through sustainable bee
products-based industrial development and trade.
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PART III
ADMINISTRATION
Responsibilities
of Minister
4. The Minister shall be responsible for policy formulation and
for ensuring the execution by officials in the Ministry such
functions connected with the implementation of this Act.
Director
responsible for
beekeeping
5.–(1) There shall be a Director responsible for beekeeping
matters who shall be an officer in the public service.
(2) The Director shall be the adviser to the Government on
all matters related to the management of beekeeping.
(3) The Director may, from time to time, as he thinks fit, issue
and publish circulars and directives on the implementation of
this Act but no such circulars or directives shall purport to
alter, amend or depart from the provisions of this Act or any
regulations made under this Act or contradict any advice,
guidance or directives issued by the Minister under section 4
of this Act.
(4) Where the Director is required or empowered by this
Act to make a determination affecting or likely to affect the
rights of any person or the opportunity for any person to
undertake any activities, he shall give the person reasons for
that determination.
Licensing officers,
enforcement
officers and
inspectors
6.–(1) There shall be appointed by the Director, amongst the
officers of the Ministry-
(a) the licensing and registration officers who shall exercise
powers under Part V of this Act;
(b) the enforcement officers, performing such functions
relating to the enforcement of the provisions of this Act
or as may be specified by him; and
(c) inspectors, who shall perform their functions as
provided under this Act or as specified by him.
(2) The officers under this section shall be answerable to the
Director.
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(3) The Director may, by notice published in the Gazette,
designate any person to be an authorised officer for purposes
of all or any provisions of this Act.
(4) The Director shall, by order published in the Gazette,
and subject to such qualifications or exemptions as may be
prescribed therein, delegate to such public officers the exercise
or performance of any of the functions conferred or imposed
on him by this Act.
(5) This section shall not be taken to prevent any local
authority from appointing in accordance with the law relating
to the appointment of local authority staff, such qualified
officers as it considers necessary to enable it to discharge such
functions allocated to it by this Act.
Information to
public
7. The Director may, where it is practical to do so, provide
information and guidance, by Order or notice to members of
the public in connection with the implementation of this Act.
Relationship
between Ministry
and other
authorities
8.–(1) The Director shall ensure that all local authorities,
associations within its area of jurisdiction and other public
authorities are consulted and kept informed about the
management of beekeeping as provided under this Act.
(2) Any authorised officer allocated any functions under or
in connection with this Act shall have regard to any directives
and circulars issued by the Director.
(3) Where any directive or circular is at variance with an
approved local authority management plan applicable to a
declared or gazetted local authority bee reserve or other local
authority priorities applicable to any beekeeping activity
managed by that local authority, the Director and the relevant
officers and members of that local authority shall consult each
other and use their efforts to reconcile any such variances.
(4) Where the Director is of the opinion on the basis
of information given to him by any officer exercising
functions under this Act or otherwise that a local authority
with the responsibility to exercise functions in accordance
with provisions of this Act, the Policy or any approved and
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published national criteria and indicators for sustainable
beekeeping, or where such national criteria and indicators
are not in existence, in accordance with accepted principles
of sustainable beekeeping or good administration, then the
Director may-
(a) serve a notice on that local authority requiring it to
take the steps specified in that notice within the time
specified thereinto rectify and improve its beekeeping
management; or
(b) serve a notice on that local authority requiring it to
show cause, within the time specified therein, as to why
the Director should not arrange that such functions of
beekeeping management as may be specified should be
taken over by another local authority or by the Director
for such period of time as may be specified in the notice;
(c) in either case referred to in paragraph (a) or (b),
upon making a written request to that local authority,
appear before
local authority personally
or his representative for the purpose of making
representations orally; and
such
(d) if in his opinion, the local authority has failed to show
cause as required under paragraph (b), prepare and
submit a report with recommendations to the Minister
on the mismanagement of beekeeping functions by
such local authority and what action should be taken
thereon.
(5) Where the Minister after considering the report from
the Director referred to in paragraph (d) of subsection (4)
is satisfied that, owing to the mismanagement, by any local
authority of any of its functions in relation to beekeeping, it
is in the public interest that such local authority should cease
to exercise all or any management functions in relation to
beekeeping, the Minister shall make consultation with the
Minister responsible for local authorities in respect of the
mismanagement of such beekeeping functions.
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Cap. 287
Cap. 288
Conflict of
interest
(6) The Minister responsible for local authority after
considering the report submitted to him, shall invoke
his powers as provided under section 176 of the Local
Government (District Authorities) Act and section 83 of the
Local Government (Urban Authorities) Act and direct the
Director or other local authority or any person to take over
the management functions of such local authority as may be
specified.
(7) The other local authority or the Director shall perform
any functions in relation to beekeeping which it or he is directed
to manage under the provisions of subsection (5) on behalf of
and for the benefit of the people within the jurisdiction of the
first local authority whose functions have been taken over and
the net profits of management, if any, shall, after deduction
of the costs of management and development, be deemed to
be part of the revenue of the first local authority, which shall
likewise bear any losses incurred.
(8) For purposes of this section, a local authority shall
include a village council.
9.–(1) Where any matter concerning beekeeping management
in which any officer exercising functions under this Act or any
member of his immediate family has an interest allocated to,
referred to or otherwise comes to that officer for his advice,
assistance or decision that officer shall not exercise any
functions under this Act in respect of that matter.
(2) Where the officer referred to in subsection (1) is the
Director, he shall declare his interest to the Minister, and where
the officer referred to in subsection (1) is an officer appointed
under section 6, shall declare his interest to the Director, the
Minister or the Director as the case may be shall appoint
another officer to perform functions in respect of that matter.
(3) A person to whom subsections (1) and (2) apply shall
not influence or seek or attempt to influence any officer
performing such functions or any other legislation to show
any undue favour or preference to him or any member of his
immediate family in respect of such matter.
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Establishment
of National
Beekeeping
Advisory
Committee
10.–(1) There shall be established a National Beekeeping
Advisory Committee whose members shall be appointed by
the Minister.
(2) In appointing members of the Committee, the Minister
shall take into consideration the following:
(a) possession of the necessary expertise, qualifications and
interest in all aspects of beekeeping and the marketing
of apiary products;
(b) ensure a gender balance on the Committee;
(c) include on the Committee persons who are not in the
public service and at least one from the local authority.
(3) The procedures of the Committee shall be as provided
for in the First Schedule to this Act.
(4) The functions of the Committee shall be to advise the
Minister on-
(a) matters under the provisions of this Act which are
required to be referred to the Committee; and
(b) such other matters related to the implementation of
this Act or generally on beekeeping as may be referred
to the Committee by the Minister or on its own motion.
(5) The Minister may by order published in the Gazette
alter, amend or add anything in the First Schedule to this Act.
(6) The Minister shall include in a report, to be published
annually on performance report of the Ministry-
(a) a statement on the number of matters which have been
referred to the Committee; and
(b) the number of issues which are required to be submitted
to the Committee, or which he has disposed of contrary
to the advice of the Committee, and the reasons for
such action.
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Powers of the
Minister to
establish bee
reserve
Private bee
reserves
Cap. 113
Cap. 114
PART IV
BEE RESERVES AND ZONES
11.–(1) The Minister may by order published in the Gazette
establish a bee reserve.
(2) A bee reserve established under subsection (1) may be-
(a) a private bee reserve;
(b) a national bee reserve;
(c) a local authority bee reserve; or
(d) a village bee reserve.
12.–(1) The holder of a right of occupancy may enter into a
convenant and any applicant for a right of occupancy may
propose that if he is granted a right of occupancy he shall
enter into a covenant, to be known as a bee reserve dedication
covenant, with the Director to the effect that the land or any
part thereof which is subject to the right of occupancy shall
not, without the previous consent in writing of the Director be
used for other purposes than a bee reserve.
(2) Obligations and other conditions between the parties
to the covenant referred to in subsection (1) shall be set out in
the covenant.
(3) For purposes of this section, a holder of a right of
occupancy may be an individual, a group of individuals
holding a right of occupancy under the provisions of the Land
Act or the Village Land Act.
(4) This section shall not be taken to limit the right of any
person, group of persons or a Group to use any land which he
or they are occupying lawfully or to apply to the Commissioner
of Lands or, as the case may be, to a village council for a right of
occupancy or, subject to the terms and conditions thereof, to
use an existing right of occupancy or other interest in land for
purposes of the development and use of the land comprised in
the right of occupancy or other interest in land for beekeeping
activities or to develop, use and manage such land as a private
bee reserve.
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Procedures for
declaration of
gazetted bee
reserve
13.–(1) Where the Minister has an intention of establishing
a national, private, local authority, village or community bee
reserve pursuant to subsection (1) of section 11, he shall cause
a notice, to be referred to as a notice of intention, to be-
(a) published for the purpose of the proposed declaration
of the said area, which shall describe the proposed
boundaries of the bee reserve in one or more newspapers
circulating in the area of the proposed reserve;
(b) exhibited in a conspicuous place in the offices of all
local authorities within its area of jurisdiction and
nearby the proposed reserve; and
(c) given publicity in such a manner as is customary in the
area or as to bring it to the attention of all persons living
in or in the vicinity of or deriving their livelihood from
or using on a regular basis any part of the proposed
reserve.
(2) The notice of intention referred to in subsection (1)
shall include-
(a) a description of the boundaries of the proposed reserve;
(b) a statement of the purposes for which the land is
proposed to be declared to be a reserve;
(c) a statement of the reasons for the choice of either a
national bee reserve or a local authority bee reserve;
(d) the period of time, being not less than ninety days
within which any person or group of persons or a
representative thereof may, either orally or in writing-
(i) object to; or
(ii) make representations about; or
(iii) claim,
any rights based on and arising out of customary law in
relation to beekeeping or gathering or use of the produce of
bees within the area or any rights based on any other written
law within the area of the proposed reserve;
(e) the person or persons to whom any such statements
referred to in paragraph (d) may be made and the places
and times at which any such persons will be available to
receive any such statements;
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(f) the times, being not less than twenty-one days from
the date of the notice, and places at which any village
assembly or other public meetings will be held to explain
and receive comments on the proposed declaration of a
reserve; and
(g) any other matters as may be prescribed.
(3) The Director shall be responsible for-
(a) collating, classifying and assessing any objections,
representations and claims received under paragraph
(d) of subsection (2);
(b) organising and ensuring the accurate recording
of comments and representations made at public
meetings which shall be held within or near the area of
the proposed reserve during the period referred to in
paragraph (d) of subsection (2);
(c) making consultations with organisations and persons
in the public and private sector as to enable him be in a
proper position to advise the Minister on the proposed
declaration of a reserve; and
(d) submitting a report, together with his observations
and recommendations thereon, on the objections,
representations, claims and consultations referred to in
paragraphs (a), (b) and (c) to the Minister.
(4) A report submitted under subsection (3) shall include
comments on whether it would be preferable to declare the
area under consideration as a community bee reserve.
(5) At the village assembly or other public meetings referred
to in paragraph (c) of subsection (3), the Director or such other
official as may be designated by the Director shall explain
with such diagrams, maps and pictures as may be considered
necessary, the purpose and scope of the proposed bee reserve.
(6) On receipt of the report referred to in paragraph (d)
of subsection (3), the Minister shall refer that report and the
proposal to declare a bee reserve to the Committee for its
consideration.
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(7) The Committee shall within sixty days of the receipt of
such a report submit its report with recommendations on the
matter of the proposed reserve to the Minister.
(8) The Minister shall after taking into consideration the
report of the Committee submitted under subsection (7) and
the report submitted by the Director under subsection (3),
determine whether to-
(a) make an order, with or without amendments to the
proposed boundaries of the proposed reserve; or
(b) defer the making of an order for further consideration,
consultation or investigation, and in particular for any
investigation into any rights claimed by any persons
under subparagraph (iii) of paragraph (d) of subsection
(2); or
(c) refuse to make an order, declaring an area of land to be
a bee reserve, and any such determination shall be in
writing and shall be accompanied by reasons.
(9) Where the Minister does not make a determination as
provided for in subsection (8) within one hundred and eighty
days of the receipt of the reports referred to in subsection (7),
it shall be presumed that he has refused to make the order.
(10) Where the Minister determines to defer the making
of an order to declare a bee reserve, he shall specify in writing
what further considerations, consultations or investigations
are to take place in respect of that proposed bee reserve.
(11) An order made by the Minister under subsection (8)
(a) declaring an area to be a bee reserve, shall be published
in the Gazette and that area shall be known as a gazetted bee
reserve.
Boundaries of
gazetted bee
reserve
14.–(1) As soon as practicable after the publication of an order
made under subsection (11) of section 13 and in any event not
later than one year after such publication, the Director shall
cause the boundaries of the gazetted bee reserve to be visibly
demarcated on the ground.
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(2) The Director shall cause a map or plan of each gazetted
bee reserve to be prepared, copies of which shall be maintained
and made available for inspection by members of the public
during office hours at-
(a) the head office of the Division;
(b) the office of the Division in the area where the gazetted
bee reserve is situated;
(c) the offices of the local authorities within the area where
each gazetted bee reserve is situated; and
(d) any other places as may be prescribed.
(3) The Director may, from time to time and subject to the
approval of the Minister, make minor changes to the boundaries
of any gazetted bee reserve to accommodate changes in the
environmental circumstances of any such bee reserve.
(4) The Director shall, during a period of not less than
ninety days prior to proposing any minor change as is referred
to in subsection (3)-
(a) give publicity to the proposal within the area where the
gazetted bee reserve is situated by-
(i) causing a notice of the change to be posted
in a prominent place in the offices of all local
authorities within the area where the gazetted bee
reserve is situated; and
(ii) giving such other publicity to the change as is
customary in the area or bring the proposed
change to the attention of holders of existing
rights and other persons having interests in the
gazetted bee reserve;
(b) invite comments from all such persons referred to in
subparagraph (ii) of paragraph (a) on the proposed
change;
(c) take into account all such comments made; and
(d) prepare a report on the proposed change for the
Minister.
(5) For purposes of this section, a minor change is that
which does not affect in any significant way the existing rights
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Power to alter and
degazetted bee
reserve
of any rights holders within the gazetted bee reserve or the
rights of any persons on land which shall be incorporated
into the gazetted bee reserve through the proposed changes
to the boundaries thereof and does not increase the size of the
gazetted bee reserve by more than five percent.
15.–(1) Subject to the provisions of subsections (2), (3) and
(4), the Minister may by order published in the Gazette, revoke
the declaration of all or a part of any gazetted bee reserve.
(2) The procedures set out in section 13 shall apply with
such modifications and adaptations as the Minister may
consider necessary to the exercise of the power to alter
or degazette a bee reserve or any part thereof but no such
modification or adaptation shall reduce the time available for
comments on proposed action taken to alter and degazette or
the responsibilities of the Director set out in subsection (3) or
the duties of the Minister set out in subsections (8) and (9) of
that section.
(3) An Act to alter or degazette a bee reserve shall not affect
in a deleterious way the existing rights of any rights holders
within such bee reserve unless the rights holders have been
consulted on the matter during the period provided for the
submission of comments on the same and they have either-
(a) agreed to the alteration on their existing rights together
with an amount of compensation in respect of any
losses caused by such alteration; or
(b) where it has not been possible to reach agreement and
the Minister is satisfied that an alteration in existing
rights is necessary, in all circumstances of the case, he
shall ensure that the rights holders have been paid full
and fair compensation for the involuntary loss of any
such existing rights.
(4) In the case referred to in paragraph (b) of subsection
(3), any person who is aggrieved by the determination of the
Minister may appeal to the High Court.
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Management
of gazetted bee
reserve
16.–(1) The functions of managing a gazetted bee reserve may
be undertaken by either-
(a) the Division;
(b) an Executive Agency;
(c) a local authority;
(d) a village;
(e) a Group;
(f) a person holding a concession of the whole or a part of
a gazetted bee reserve;
(g) a company, co-operative or other organisation in the
private sector; or
(h) a non-governmental organisation.
(2) Different parts or activities within a gazetted bee reserve
may be managed by the different persons or bodies listed under
subsection (1).
(3) The Director, in the case of a national bee reserve, and
the chief executive officer, in the case of a local authority bee
reserve, shall determine which of the persons or bodies listed
under subsection (1) shall manage a gazetted bee reserve or
any part thereof or any activity therein.
(4) The Director, in the case of a national bee reserve, and
the chief executive officer, in the case of a local authority bee
reserve, may invite any person or body listed under subsection
(1) to submit a proposal to manage a gazetted bee reserve or
any part thereof or activity therein and any such proposal that
is submitted shall include-
(a) the time of the preparation of a plan for the management
of the bee reserve;
(b) the envisaged structure and modalities of co-operation
and consultation with-
(i)
rights holders within the gazetted bee reserve;
(ii) any other person or body having management
functions within that bee reserve; or
(iii) any other person or body with interests in that bee
reserve;
(c) the type of activities which shall be permitted in the
gazetted bee reserve;
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(d) the resources likely to be available to enable any
management plan to be executed and how those
resources shall be collected, allocated and divided
between the bodies with responsibilities for managing
the bee reserve; and
(e) any other matters as may be prescribed.
(4) Prior to the making of any determination in respect
of a national bee reserve under subsection (3), the Director
shall submit a report on the matter to the Committee and he
shall take into account any comments made by the Committee
thereon.
(5) Where the Director, in the case of a national bee reserve
or the chief executive officer in the case of a local authority
bee reserve has determined that a person or body other than
the Division or as the case may be, the local authority shall
manage a gazetted bee reserve or part thereof or any activity
therein, he shall make a joint management or other agreement
with that person or body in respect of the management of that
bee reserve.
17.–(1) After coming into force of a declaration of a bee
reserve, no person, other than a proven existing rights holder
shall do any of the following acts unless such a person has been
granted a licence or a permit under this Act to do that act or
the doing of that act is a necessary consequence of the grant of
a licence or a permit under this Act to do some other related
acts such as-
(a) take, remove, burn, damage or destroy any bee, colony
or any apiary products;
(b) cut down, fell, dig up or remove any tree;
(c) dig up or remove any wild plant;
(d) enter, perambulate for purposes of tourism, or camp
within a bee reserve;
(e) take and remove any rock, stones, sand, shells or soil;
(f) undertake any mining activities;
(g) clear land;
(h) cut, burn, uproot, damage or destroy any vegetation;
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Prohibited
activities within
gazetted bee
reserve
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(i) plant any crops, trees or other vegetation prohibited
from being planted within the bee reserve;
(j) erect any buildings or other structures;
(k) construct any roads, paths, bridges, railways, waterways
or runways;
(l) allow any livestock to enter any bee reserve;
(m) graze or depasture any livestock;
(n) use any buildings or other structures for any purpose
other than a purpose for which it was being used at the
time of the declaration of the bee reserve;
(o) carry out any research activity for which a research
permit is required; and
(p) undertake any other activity within a bee reserve that is
prohibited by regulations applicable to all bee reserves
or any rules applicable to a specific bee reserve.
(2) A person shall not within a bee reserve use any plant-
protection substances classified by an authorised research
institute which is likely to cause harm to bees, beekeeping
activities, bee fodder plants or apiary products.
18.–(1) A joint management agreement for the management
of a gazetted bee reserve may be made by the Director and a
local authority or a village council or a group or any person or
organisation in the public or private sector inter se providing
for the management by that organ or person and in that sector
for the whole or a part of, or some specific matter within, a bee
reserve.
(2) A joint management agreement referred to in subsection
(1) shall include the following:
(a) a description of the bee reserve or the area of the bee
reserve covered by the agreement;
(b) a description of the matters which are the subject of the
agreement;
(c) a statement of the objectives of the agreement;
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Joint
management
agreement for
gazetted bee
reserve
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(d) names of the officers of the organisations that are
making the agreement and a brief statement of the
powers and authority of the organisations to make any
such agreement;
(e) a description of the management activities agreed to be
undertaken by the bee reserve manager;
(f) the rules governing and regulating the use, access to
resources of the bee reserve, including, where relevant,
rules concerning the powers, and duties of persons
from a local community appointed to act as bee
reserve keeper of the reserve, penalties to be imposed
for violating the rules and, in the case of agreements
referred to in paragraph (c), rules concerning expulsion
from occupation or limiting or preventing use of,
or access to, the bee reserve or any produce therein
which may be applied to any member of a village or an
organisation managing the reserve;
(g) a description of the existing rights of rights holders
within the bee reserve who are not parties to the
agreement and procedures for resolving any disputes
between them and the parties to the agreement;
(h) rules regulating access to, use and division of, and
management and audit of any funds which may be
made available for, or are generated through the
implementation of the agreement;
(i) procedures for resolving disputes which may arise
between the parties to the agreement;
(j) the duration of the agreement;
(k) revision of the agreement; and
(l) any other matters as may be prescribed or as the parties
to the agreement consider necessary to be included.
(3) When an agreement has been negotiated between the
parties thereto, it shall be signed by one or more persons from
each party to the agreement, authorised by such party so to do.
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(4) The Director may-
(a) issue guidance on joint management agreements to
parties negotiating any such agreement;
(b) prepare model joint management agreements; and
(c) at the request of any of the parties referred to in
subsection (1) where he is not a party to an agreement,
participate and advise the parties in the negotiations of
any agreement.
(5) This section shall not prevent the Director or any person
or authority or organisation in the public or private sector from
making any arrangement or agreement with any other person,
authority or organisation in the public or private sector which
may give rise to rights and duties and which may be recorded
in writing relating to the management of a bee reserve or any
other area of land set aside for beekeeping or any part thereof.
(6) Notwithstanding the provision of subsection (5), no
such arrangement or agreement shall adversely affect the
existing rights of persons who are not parties to any such
agreement or arrangement or in any such reserve or area set
aside for beekeeping.
Declared local
authority bee
reserve
19.–(1) A local authority or more local authorities may by
resolution-
(a) declare an area of land under its jurisdiction to be a
declared local authority bee reserve;
(b) submit an application to the Director for a declared
local authority bee reserve to be gazetted and become a
gazetted bee reserve;
(c) negotiate a joint management agreement with the
Director or some other person or body with respect to
the management of a gazetted bee reserve; and
(d) establish a committee or joint committee to manage
a declared local authority bee reserve or allocate the
duties of managing such a bee reserve to an existing
committee of the local authority.
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(2) A declared local authority bee reserve shall be managed
in accordance with-
(a) the provisions of this Act;
(b) such priorities as may be determined by the local
authority;
(c) such by-laws and other rules as may be made by the
local authority, including any model by-laws adopted
for use in respect of a declared local authority bee
reserve by the local authority;
(d) such customary rules and practices applicable to the
management of bees and apiary products within the
area recognised as such by the local authority, provided
that they are not in conflict with this Act or other rules
made by the local authorities;
(e) such agreement as may be made between the local
authority and some other person or body relating to
the management of the declared local authority bee
reserve, which shall be approved by the local authority
before it shall come into operation;
(f) the general principles and rules of the management of
local authority affairs; and
(g) any other rules and practices as may be prescribed.
(3) The Director may, by notice published in the Gazette,
and after consultation with the chief executive officer of the
local authority having jurisdiction in the area where the
declared local authority bee reserve is situated, grant any
person professionally or technically qualified in beekeeping
or environmental management or conservation, employed or
hired or seconded or working alongside the local authority, by
name or office, such powers of a beekeeping officer in respect
of such declared local authority bee reserve as may be specified
in the said notice and he may, subject to consultation with the
said chief executive officer and on giving reasonable notice to
the person concerned, revoke such grant.
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(4) The Director may from time to time issue guidance to
local authorities in respect of the management of declared
local authority bee reserves and local authorities, shall pay due
regard to them.
(5) A local authority may, in accordance with prescribed
procedures, apply to the Director for a declared local authority
bee reserve to be converted into a gazetted local authority bee
reserve.
(6) The provisions of sections 15 and 16 shall apply to an
application to convert a declared local authority bee reserve
into a gazetted bee reserve as they do to a proposal to declare a
gazetted bee reserve provided by those sections.
Declared village
bee reserve
20.–(1) A village council may, by resolution, determine to-
(a) declare an area of village land under its jurisdiction to
be a village bee reserve;
(b) negotiate a joint management agreement or other
agreement or arrangement with the Director, a
Group or some other person or body in respect to the
management of a village bee reserve;
(c) establish a committee to manage a village bee reserve
or allocate the duties of managing such a bee reserve to
an existing committee of the village council.
(2) Where a village land bee reserve committee is established,
it shall-
(a) be formed from the membership of the village assembly;
(b) be formed with due regard to gender balance;
(c) elect a chairman annually
from amongst
its
membership;
(d) be the principal village body concerned with the
management of a village bee reserve;
(e) report on a regular basis and take account of the views
of the village assembly on the management of the
village bee reserve.
(3) A village bee reserve management committee may
co-opt persons to the committee but such persons shall not
vote on any matter coming before the committee.
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(4) A declared village bee reserve shall be managed in
accordance with-
(a) the provisions of this Act;
(b) such priorities as may be determined by the village
council;
(c) such by-laws and other rules as may be made by the
village council;
(d) such customary rules and practices applicable to the
management of bees and apiary products within the
area; or
(e) any agreement made between the village council and
some other persons or body relating to the management
of the declared village bee reserve, which shall be
approved by the village assembly before it shall come
into operation.
(5) The Director may by notice published in the Gazette, and
after consultation with the chief executive officer of the local
authority having jurisdiction in the area where the declared
village bee reserve is situated, grant any person professionally
or technically qualified in beekeeping or environmental
management or conservation employed or hired by or seconded
to or working alongside the village council by name or office,
such powers of a beekeeping officer in respect of such declared
village land bee reserve as may be specified therein and he
may, subject to consultation with the said chief executive and
on giving reasonable notice to the person concerned, revoke
such powers.
(6) The Director may from time to time issue guidance
to village councils in respect of the management of declared
village bee reserves and village councils shall, pay due regard
to them.
Power of local
authority to make
by-laws
Caps. 288 and 287
21.–(1) Notwithstanding any provisions of
the Local
the Local
Government (Urban Authorities) Act and
Government (District Authorities) Act related to powers
to make by-laws, a local authority performing the functions
of managing a bee reserve and a village council performing
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[CAP. 224 R.E. 2023]
similar functions shall, prior to making any by-laws applicable
to such bee reserve-
(a) submit a draft of any such proposed by-laws to the
Director;
(b) consider carefully any comments or recommendations
the Director may make on any such draft; and
(c) not proceed to the making of any such by-laws until it
has received and considered any such comments and
recommendations.
(2) Where the Director has received a draft of any by-laws
referred to in subsection (1), he shall forward comments and
recommendations to the local authority from which the draft
by-laws came from within sixty days or such period as he may
determine.
(3) Where the comments and recommendations referred to
in subsection (2) are not sent within sixty days or the prescribed
period, the village council may proceed to make the proposed
by-laws without further delay.
(4) The Director may prepare and publish model by-laws
for bee reserves.
(5) Where a local authority or village council to which this
section applies decides to adopt and approve some or all of the
model by-laws prepared by the Director under subsection (4),
the provisions of subsection (1) shall not apply thereupon.
22.–(1) A local authority exercising jurisdiction within the
area where a village council or a group of persons or a Group
is managing a village bee reserve or a community bee reserve,
shall exercise a general supervision over the functions of
management of that bee reserve by that village council, or that
group of persons or a Group.
(2) Where the local authority referred to in subsection (1) is
of the opinion based on information given to it by any officer
or a village council or a Group exercising functions related to
the management of a bee reserve under this Act is failing to
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Supervision
of village and
community bee
reserves by local
authorities
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exercise such functions as provided in subsection (4) of section
20, the said local authority may-
(a) serve a notice on that village council or Group managers
requiring them to take the steps specified in that notice
within the time specified therein to rectify and improve
its management as required;
(b) serve a notice on that village council or Group managers
requiring them to show cause, within the time specified
in that notice, as to why the said local authority should
not take over and exercise the functions of management
of that bee reserve for a period specified therein;
(c) in either case referred to in paragraph (a) or (b), upon
making a written request to them send its officer to
appear before such village council or Group managers
personally for the purpose of making representations
orally; and
(d) where, in the opinion of the local authority, the village
council or the Group managers have failed to show cause
as required under paragraph (b), may by resolution,
decide to take over the functions of management in
respect of that bee reserve as specified in the notice
referred to in paragraph (b).
(3) A village council or a Group may appeal in writing to the
Minister responsible for local authority against any decision
by a local authority to take over and exercise the functions
of management of a bee reserve under subsection (2), and
the Minister responsible for local authority may appoint a
person, not being an officer from his Ministry, to hear any
representations that such village council or Group may wish
to make in relation to its appeal and thereafter to report to the
Minister responsible for local authority on the representations.
(4) The Minister responsible for local authority shall-
(a) before determining an appeal have regard to the report
submitted to him under subsection (3);
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(b) not be bound to determine any appeal in accordance
with any report made by any such person or to give
any local authority or other beekeeping management
authority appealing under this subsection an oral
hearing;
(c) give reasons in writing for his decision; and
(d) convey a copy of his decision to the village council.
(5) Before reaching any decision on an appeal made to
him under subsection (3), the Minister responsible for local
authority shall consult with the Minister.
(6) Where the Director proposes to exercise any power
under section 8 in respect to a village or community bee
reserve, he shall inform the local authority having jurisdiction
within the area where such village or community bee reserve
is situated in writing of that fact and said the local authority
shall not thereafter exercise any powers under this section with
respect to that village or community bee reserve.
(7) Where the local authority having jurisdiction within
an area where a village or community bee reserve is situated
proposes to exercise any power under this section, it shall,
prior to any such exercise, inform the Director in writing of
that fact with the reasons for the proposed action.
23.–(1) The Director may, on his own motion or as a result
of representations made to him, establish a beekeeping zone
within a national, local authority, forest reserve and general
land.
(2) Where the Director proposes to make an order declaring
an area of land to be a beekeeping zone, he shall cause a notice,
to be referred to as a notice of intention, to be published, which
shall-
(a) describe the proposed boundaries of the beekeeping
zone and shall be kept in a conspicuous place in the
offices of all local authorities within whose area of
jurisdiction any part of the proposed beekeeping zone
is situated or is contiguous thereto; and
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Establishment of
beekeeping zones
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(b) give publicity in such manner as is customary in the
area to draw the attention of all persons living in the
vicinity of the proposed beekeeping zone.
(3) The notice of intention shall include-
(a) a description of the boundaries of the proposed
beekeeping zone;
(b) a statement of the purposes for which the land is
proposed to be declared to be a beekeeping zone;
(c) an outline of the proposed arrangements which shall
govern the keeping of bees within the beekeeping
zone;
(d) the period of time, being not less than sixty days
within which any person or group of persons or
a representative thereof may, either orally or in
writing-
(i) object to; or
(ii) make representations about,
the proposed declaration of a beekeeping zone and the
contents of the proposed arrangements for managing the
keeping of bees within the zone;
(e) the person or persons to whom any such statements
as are referred to in paragraph (c) may be made and
the places and times at which any such persons shall be
available to receive any such statements;
(f) the times, being not less than twenty-one days from
the date of the notice, and places at which any village
assembly or other public meetings shall be held
to explain and receive comments on the proposed
declaration of a beekeeping zone and the proposed
management scheme; and
(g) any other matters as may be prescribed.
(4) The Director shall-
(a) collate, classify and assess any objections and
representations received under paragraph (d) of
subsection (3);
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(b) organise and ensure the accurate recording of
comments and representations made at one or more
village assemblies or other public meetings which shall
be held within or near the area proposed to be declared
as a reserve during the period referred to in paragraph
(f) of subsection (3); and
(c) undertake such consultations with organisations and
persons in the public and private sector as to enable
him to make an informed decision on the proposed
declaration of a beekeeping zone.
(5) At the village or other public meetings referred to in
paragraph (f) of subsection (3) the Director or such other
officials as may be designated by the Director shall explain
with such diagrams, maps and pictures as may be considered
necessary and desirable, the purpose and scope of the proposed
beekeeping zone and the proposed management arrangements.
(6) The Director shall after taking into account of all the
information generated by the processes provided by this
section, determine whether to-
(a) make an order, with or without amendments, to the
proposed boundaries of the proposed beekeeping zone;
(b) defer the making of an order for further consideration,
consultation or investigation; or
(c) refuse to make an order, declaring an area of land to be
a beekeeping zone,
and any such determination shall be in writing and shall be
accompanied by reasons.
(7) Where the Director does not make a determination as
provided for in subsection (6) within ninety days of the receipt
of the reports referred to in that subsection it shall be presumed
that he has refused to make the order.
(8) Where the Director determines to defer the making of an
order to declare a beekeeping zone, he shall specify in writing
what further considerations, consultations or investigations
are to take place in respect of that proposed beekeeping zone.
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Beekeeping in
beekeeping zones
(9) Where a beekeeping zone has been established, any
person permitted to keep bees within that zone and any
employee or co-worker of any such person shall be issued
with a permit to enter and traverse therein for all purposes
necessary to enable permitted beekeeping activities to be
carried out therein.
(10) Without prejudice to the generality of subsections (1)
to (9), before establishing a beekeeping zone, the Director
responsible
the Director
for beekeeping shall consult
responsible for forestry matters.
24.–(1) A person, group of persons, Group, or organization
may apply in the prescribed form to the Director to keep bees
within a beekeeping zone.
(2) In determining whether to approve an application to
keep bees within a beekeeping zone, the Director shall give
preference to persons living in proximity to the beekeeping
zone.
(3) The Director may delegate any powers conferred on him
by this section to any local authority nearby national forest
reserve.
(4) A person who at the coming into force of this Act, was
keeping bees within a national or local authority forest reserve
with the permission of the manager of the national or local
authority forest reserve, as the case may be, shall be deemed
to have received permission from the Director to continue to
keep bees within that national or local authority forest reserve
as if the place where he was keeping the bees was a beekeeping
zone.
Local authority
beekeeping zones
25.–(1) A local authority may establish a beekeeping zone
within a local authority forest reserve.
(2) The management of beekeeping zones in local authority
forest reserve shall be equal to that of sections 23 and 24
provided that the word “Director” in subsection (1) of section
23 be substituted with the phrase “local authority having
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Environmental
Impact
Assessment
jurisdiction over the local authority reserve”, in subsection
(5) the word “Director” to be substituted with the phrase “the
chief executive officer of the local authority” and in subsection
(3) of section 24, the words “local authority” to be replaced by
the words “village council”.
(3) Notwithstanding the provisions of subsection (2), the
procedures for the establishment of beekeeping zones provided
under subsections (2) to (9) of section 23 shall be applicable in
respect of beekeeping zones situated in general land.
26.–(1) In any proposed development in a beekeeping
reserve, in a beekeeping zone, in an area nearby a beekeeping
reserve or a beekeeping zone which is an environmentally
sensitive area, whether that development is proposed by,
or is to be implemented by, a person or organisation in the
public of private sector, the proposer of the development shall
prepare and submit to the Director an environmental impact
statement of the proposed development from the recognised
body and, notwithstanding any other written law to the
contrary, no development to which this section applies shall
be commenced unless an Environmental Impact Assessment
has been completed to the satisfaction of the Director.
forest
(2) The developments to which this section apply are-
logging and
(a) commercial
industry and
developments within a forest reserve in which a
beekeeping zone has been established necessarily
connected with commercial logging and forest industry
where the development exceeds five hectares or such
area as may be prescribed;
(b) mining developments;
(c) road construction or the laying of pipelines;
(d) the construction of dams or power stations;
(e) the construction of a building or group of buildings for
purposes other than the management of a beekeeping
reserve or beekeeping zone on an area of land exceeding
one hectare or such area as may be prescribed;
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(f) any agricultural or horticultural development on an
area of land exceeding five hectares or such area as
may be prescribed where plant protection substances
classified by an authorised research institute are likely
to cause harm to bee activity, beefodder plants or apiary
products are to be used; and
(g) any other developments as may be prescribed.
(3) The modalities and substance of an Environmental
Impact Assessment to which this section applies shall have
regard to the acceptable practice.
(4) In exercising his functions under this section, the
Director shall co-ordinate with the functions of any other
ministry in respect of the production of an Environmental
Impact Assessment which is required under any written law,
the implementation of which is the responsibility of that
ministry.
(5) An Environmental Impact Assessment produced under
this section shall set out an environmental management plan
and an integrated pest management plan for eliminating or
minimising the impact on the beekeeping environment and
where, after consideration and approval of the Environmental
Impact Assessment, the development is permitted, the
developer shall be under a duty to comply with that
environmental management plan and that integrated pest
management plan in carrying out its activities.
PART V
REGISTRATION OF BEEKEEPERS
Establishment
of beekeepers
registration
system
27.–(1) The Minister may, by order, published in the Gazette
establish a beekeepers registration system and where any
such system has been established the provisions of this Part
shall apply to any person carrying on any of the activity of
beekeeping which is brought within such system.
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Powers of
Director
to restrict
beekeeping
(2) Any beekeepers registration system may apply to-
(a) the whole or any part of the country; or
(b) any activity pertaining to beekeeping.
(3) The procedures of section 13 shall apply to the order
made under this section as they apply to the declaration of a
gazetted bee reserve under that section with such adjustments
and adaptations as the nature of the subject matter of this
section may require.
(4) Any order made under this section shall contain such
matters as may be prescribed.
PART VI
REGULATION OF BEEKEEPING ACTIVITIES
28.–(1) Where the Director or authorised officer is satisfied
that in relation to particular premises on which an apiary is
being maintained-
(a) the keeping of bees or a number of beehives are a public
nuisance or a danger to public health or public safety; or
(b) for any other specified reason, those premises are
unsuitable for beekeeping,
he may, by order served on the person who is keeping or who
is responsible for the apiary-
(i) prohibit-
(aa) the keeping of bees on those premises; or
(bb) the keeping of more than specified number
of beehives on those premises, after such date
as may be specified in the order being a date
not earlier than thirty days after the service of
such order; and
(ii) direct that, not later than that date, the person
who established or who is keeping the apiary-
(aa) remove the apiary; or
(bb) remove the numbers of beehives in excess of
the maximum number of beehives specified
under subparagraph (ii) of paragraph (c),
from those premises.
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(2) Where the Director is satisfied that an apiary is about to
be established on particular premises such that the keeping of
bees on those premises would be a public nuisance or a danger
to public health or public safety or for any other reason, those
premises would be unsuitable for beekeeping, he may by order
prohibit the keeping of bees or the establishment of an apiary
on those premises.
(3) An order referred to in subsection (2) shall be served
on the occupier of the premises and, where the occupier of the
premises is not the person who has established or who intends
to establish an apiary on those premises, shall, also be served
on such person, and no order shall come into effect until after
the date specified therein being not earlier than thirty days
after the service of such notice.
(4) Where the Director or an authorised officer is satisfied
that a person has failed to comply with directives contained
in an order under paragraph (d) of subsection (1) or has not
removed the apiary to some other premises as ordered, he shall
report the matter to the court.
(5) Where an appeal under section 55 is made against an
order or any part thereof before the date on which the order is
to take effect, the order shall not take effect until the appeal is
determined or is withdrawn.
29.–(1) Where honey or any bee comb or appliance in which
honey is kept is in the possession or under the control of a
person, that person shall ensure that the honey, bee comb
or appliance does not remain exposed in a manner or under
conditions which would allow robber bees access to the honey.
(2) The Director or an authorised officer may give such
advice as appears to him to be necessary to assist any person to
comply with the duty created by subsection (1).
Honey not to be
exposed
Protection against
wax moth and
other pests
30.–(1) A person shall not store combs, cappings, beeswax
or appliances in which honey is kept in such a manner as to
attract pests to breed and develop therein.
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Reporting of
notifiable disease
Inspection for
bees
Duties of
beekeepers
in respect of
diseases
(2) An inspector may give instructions as may be necessary
to any beekeeper in respect of actions to be taken to minimise
or eliminate the possibility of pests being attracted to or
breeding in any combs, cappings, beeswax or appliances.
31. A beekeeper shall as soon as after first becoming aware
of or first suspecting that any bees, beehives, apiary products,
or appliances in the beekeepers’ possession or under the
beekeepers’ control are infected with a notifiable disease, give
notice of the existence or suspected existence of that disease to
the Director or an inspector.
32. An inspector who receives notice under section 31 or
who otherwise becomes aware of the existence or suspected
existence of a notifiable disease shall be under a duty to
examine the bees, beehives, apiary products or appliances and
the place where the disease exists or is suspected to exist.
33. A beekeeper shall-
(a) subject to the directives of an inspector as to the steps
to be taken to treat or eradicate any notifiable disease,
keep or allow to remain on any land under his control
any bees, beehives, apiary products or appliances
known to the beekeeper to be infected with or liable to
spread such a disease among bees;
(b) not sell or otherwise than in a prescribed manner,
dispose of any bees, beehives, apiary products or
appliances from an apiary known by the beekeeper
to be infected with or to be liable to spread such a
notifiable disease;
(c) comply with lawful orders and directives from an
inspector as to the steps which must be taken, including
steps to destroy any bees, beehives, apiary products and
appliances, in order to eradicate or prevent the spread
of a notifiable disease among bees.
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Powers of
inspectors in
relation to disease
34.–(1) Where an inspector is satisfied that any bees, beehives,
apiary products or appliances are infected with a notifiable
disease and are sources of immediate danger to other bees, he
shall-
(a) direct the beekeeper concerned to cause the bees,
beehives, apiary products or appliances to be destroyed
or irradiated, forthwith or within such reasonable
period as he specifies; and
(b) where, after giving such directives, they are not
complied with in the time specified therein, cause to
be destroyed or irradiate those bees, beehives, apiary
products or appliances.
(2) Where an inspector gives a directive under subsection
(1), he shall make an inventory of the bees, beehives, apiary
products or appliances to which the directive applies.
(3) Where, on inspecting premises on which bees, apiary
products or appliances are kept, an inspector is satisfied that any
bees, beehives, apiary products or appliances on those premises-
(a) are infected with a notifiable disease; or
(b) are liable to spread such a disease,
but are not an immediate source of danger to other bees, he
may direct the beekeeper or the person occupying or having
control of the premises concerned to treat the bees, beehives,
apiary products or appliances or to take such other measures
in such manner and within such reasonable period as the
inspector specifies in the directive.
(4) Where a beekeeper or the person occupying or having
control of the premises fails within the specified period to
comply with a directive given to him by an inspector under
subsection (2), he shall report the matter to the court.
(5) Where an inspector gives a direction under subsection
(2) in relation to particular premises, he may give a further
directive-
(a) that, bees, beehives, apiary products or appliances to
which the first directive applies shall not be sold or
otherwise disposed of or shall not be removed from
those premises; or
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(b) that no bees, beehives, apiary products or appliances
shall be brought to the premises,
for a period not exceeding three months or as may be specified
in that further directive.
(6) Any such directives given under subsection (5) may be
renewed for three months in accordance with this subsection,
but such renewal may be extended for a further period of three
months where an inspector is satisfied that such a renewal is
necessary.
(7) Where an inspector-
(a) suspects that a person is contravening or is about to
contravene a directive given under subsection (5); or
(b) finds bees, beehives, apiary products or appliances
which he suspects to have been sold, disposed of or
removed in contravention of such a directive,
he shall seize and detain the bees, beehives, apiary products or
appliances concerned pending their disposal under this Act.
(8) An inspector may give such ancillary directives as may
be necessary and for the purpose of enabling him to exercise
powers conferred to him by this section.
Declaration of
infected area
35.–(1) The Minister, on being satisfied that a notifiable disease
is present or is suspected to be present within a particular area,
may by order published in the Gazette-
(a) declare the area to be an infected area;
(b) define the boundaries of the area; and
(c) prohibit either absolutely or subject to such exceptions
and conditions as may be specified in the order, bees,
beehives, apiary products or appliances from being
brought into and from being taken out of the area while
the order is in force.
(2) An order made under subsection (1) shall be in force for
a period not exceeding three months and may, if the Minister
is satisfied that it is necessary to continue the order, be renewed
for a period of three months and the Minister may on such
renewal, order or vary the provisions of the order.
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Control on
importation of
bees
(3) An order made under this section may include an
area adjacent to the area declared to be an infected area
notwithstanding that the disease is neither actually prevalent
nor suspected to be prevalent in such area if the Minister is
satisfied that it is necessary in the interests of controlling the
notifiable disease.
(4) Where an inspector suspects that-
(a) bees, beehives, apiary products or appliances-
(i) are being or have been brought into an infected
area; or
(ii) are being or have been out of an infected area,
in contravention of any provision of an order in force under
this section; or
(b) any condition subject to which an exception specified
in the order has not been complied with in relation to
any bees, beehives, apiary products or appliances,
he shall report that person to the court.
36.–(1) The Minister, after consultation with the Director
and experts in beekeeping, shall, by order published in the
Gazette, prohibit the importation of bees, beehives, apiary
products or appliances into the country or any part thereof
from any country suspected or deemed to have been affected
by notifiable diseases and parasites.
(2) The Director may, after consultation with experts, grant
a permit to import such bees, beehives, apiary products or
appliances as are referred to in subsection (1):
Provided that, such a permit shall be accompanied by
a certificate from the country of origin to the effect that the
bees, beehives, apiary products or appliances are free from all
notifiable diseases and have not come from an area in which a
notifiable disease is present.
(3) A permit granted under subsection (2) shall be known
as an import permit and such a permit may be issued subject
to such conditions as the Director considers appropriate.
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(4) Where an inspector is satisfied that bees, beehives,
apiary products or appliances are being or have been brought
into the country in contravention of all or any part of an order
made under subsection (1) he shall-
(a) direct the person responsible for the bringing of the
bees, beehives, apiary products or appliances into the
country to remove them from the country;
(b) report the matter to the court;
(c) direct the person responsible for the bringing of the
bees, beehives, apiary products or appliances into the
country to convey them forthwith to a quarantine
area and keep them there for a period specified in the
directive; and
(d) where the person responsible for bringing the bees,
beehives, apiary products or appliances refuses or
cannot be found, seize and detain them pending their
disposal under the Act.
(5) When an inspector is satisfied that a certificate referred to
in subsection (2) is false or misleading in a material particular
or is forged, he shall exercise any of the powers referred to in
paragraph (b) of subsection (4).
37.–(1) The Minister may by notice published in the Gazette,
declare any area to be a quarantine area for the detention of
quarantined bees, beehives, apiary products or appliances and
may in a similar manner vary, redefine or abolish any area so
declared.
(2) The Director may from time to time give directives in
respect to the control of quarantine areas, location of bees,
beehives, apiary products, appliances and during which they
shall remain in quarantine.
(3) A person other than the Director or an inspector shall
not, without a permit from an inspector, enter a quarantine
area.
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PART VII
FINANCIAL PROVISIONS
Power to charge
fees
38. The Minister may prescribe the fees which shall be charged
for various services rendered.
Power to set and
collect fees
39.–(1) Any licence, permit or registration relating to the
harvesting or extraction or selling of any apiary products
may, subject to the provisions of this section, be granted upon
payment by the licence holder or the registered beekeeper of
such fees at such times and in such a manner as the Minister
shall prescribe.
(2) In determining the level of fees in respect of any
particular apiary product, the following shall be considered-
(a) the potential market value of the apiary product;
(b) the accessibility of the apiary product;
(c) principles of sustainability
in connection with
harvesting of the apiary product; and
(d) any other factors as may be prescribed.
(3) Fees shall not be required for the harvesting or extraction
of apiary products within a village land bee or forest reserve
or a community bee reserve or forest reserve by the residents
of the village or the members of a Group as the case may be,
unless such a requirement is specifically provided for in the
agreement under which they are managed.
Establishment
of Beekeeping
Development
Fund
40.–(1) There is established a fund to be known as the
Beekeeping Development Fund.
(2) The Fund shall consist of-
(a) a levy of two percent of every prescribed fee payable
under this Act;
(b) grants, donations, bequests or such sums contributed by
any private individuals, corporate bodies, foundations
or international organisations or funds within or
outside the country; and
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(c) any sums realised by the sale of any bees, beehives,
apiary products or appliances confiscated under any of
the provisions of this Act.
(3) The Fund shall be managed by the Beekeeping
Development Fund Trustees who shall be appointed by the
Minister.
(4) The composition and procedure of the meetings of
Trustees shall be as provided in the Second Schedule to this
Act.
Purposes of Fund
41. The objectives and purposes of the Fund shall be to-
(a) promote awareness of the importance of sustainable
beekeeping through public education and training;
(b) promote and assist in the development of beekeeping
through providing of advice and assistance to groups of
persons wishing to form themselves into a beekeepers’
co-operative;
(c) promote and assist the beekeepers’ development
associations;
(d) promote and fund research activities in beekeeping;
(e) assist groups of persons and individuals to participate in
any public debates and discussions on beekeeping and
in particular to participate in processes connected with
the making of an Environmental Impact Assessment
under section 26;
(f) assist groups of persons and individuals to ensure
compliance with this Act; and
(g) further activities of like nature set out in this subsection.
Administration of
Fund
42.–(1) The Trustees shall-
(a) establish one or more separate accounts in a bank
into which all monies received by the Fund shall be
deposited and out of which all monies out of the Fund
shall be drawn out;
(b) prepare annual estimates of income and expenditure
and adhere to any such estimates;
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(c) ensure that the operations of the Fund are exercised in
an economical and efficient manner;
(d) make grants to applicants for funds in accordance with
such procedures and such criteria as may be prescribed;
(e) manage the resources of the Fund in a prudent and
business-like manner;
(f) prepare and publish an annual report which shall
include-
(i) an account of the operations of the Fund during
the year covered by the report;
(ii) a set of audited accounts;
(iii) such other matters as may be prescribed;
(g) appoint such full-time and part-time staff as seems
to the Trustees to be appropriate and necessary to
ensure that the matters referred to in this section are
implemented; and
(h) take all such other action which shall advance the
objects and purposes of the Fund.
(2) Where the Minister is of the opinion that the Trustees
are not carrying out their functions in a proper and reputable
manner, he shall give them such directives in writing to ensure
that they carry out their functions as specified.
(3) The accounts of the Fund shall be audited on an annual
basis by the Controller and Auditor-General or by a firm of
auditors certified by the Controller and Auditor-General to be
a firm capable of undertaking such work.
PART VIII
OFFENCES AND PENALTIES
Offences
43. A person who fail to comply with any provisions of this Act
or with any order or directive given under the provisions of this
Act commits an offence and on conviction, shall be liable to a
fine not exceeding one million shillings or to imprisonment
for a period not exceeding one year or to both.
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Interference with
or obstruction of
officers
44.–(1) A person who-
(a) without lawful authority or excuse, the proof of which
lies upon him, wears any uniform or part of any uniform
or any badge or other mark issued by the Minister to be
worn by officers or staff of the Division;
(b) has in his possession any stamp or mark used or
intended to be used by the Division for marking apiary
products, or anything having the appearance of such
stamp or mark;
(c) makes a false or incorrect statement, report or entry of
any information that is required to be supplied to any
officer of the Division;
(d) without lawful authority or excuse, the proof of which
shall lie upon him, fails or refuses or wilfully neglects
to comply with any lawful demand or requirement
made by, or to provide information that is required to
be supplied to, any officer of the Division;
(e) obstructs, hinders, delays, threatens, intimidates or
assaults any person in the execution of his powers or
duties under the provisions of this Act or any rules,
orders, or notices made under the authority of this Act;
(f) prevents or attempts to prevent an officer of the
Division from gaining access to any land, premises,
vehicle, boat, plant or machinery used in connection
with beekeeping or the handling of any apiary product,
commits an offence and on conviction, shall be liable to a fine
of not less than fifty thousand shillings and not exceeding
one million shillings or to imprisonment for a period not
exceeding one year or to both.
(2) A person who uses open fire to harvest apiary products
commits an offence and on conviction shall be liable to a fine
of not less than fifty thousand shillings and not exceeding two
hundred thousand shillings or to imprisonment for a term not
exceeding six months or to both.
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Powers of officers
45.–(1) An authorised officer, beekeeping officer, inspector or
police officer may-
(a) demand from any person the production of any
licence, certificate of registration or authority for any
act committed by such person for which a licence,
certificate of registration or authority is required;
(b) require any person whom he has reasonable grounds
to suspect of being in possession of any bees, beehives,
apiary products or appliances unlawfully obtained
to stop and give an account of his possession of such
things and may, subject to the provisions of this
section, without warrant search any such person or any
baggage, package, parcel, vehicle, boat, aeroplane, tent
or building in the possession of or under the control of
such person in which such things may be suspected of
being kept or stored;
(c) seize and detain any bees, beehives, apiary products or
appliances in respect of which there is reason to believe
that an offence has recently been committed together
with any boats, aeroplanes, vehicles, machinery, tools,
equipment or implements used or likely to have been used
in the commission of such offence and report immediately
any seizure of such property to the nearest magistrate;
(d) order the immediate destruction of any bees, beehives,
apiary products or appliances where he believes that they
are infected with a notifiable disease to such an extent as
to make it necessary to destroy them immediately in order
to prevent the spread of that disease;
(e) arrest without warrant any person whom he suspects
has committed or has been involved in an offence
against this Act where-
(i)
such person refuses to give his name and address
or gives a name and address which there is reason
to believe is false; or
(ii) there is reason to believe that such a person will
abscond,
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but any officer making such arrest shall ensure that the person
who has been arrested shall be taken before a court without
undue delay.
(2) The powers referred to in paragraph (b) of subsection
(1) shall in relation to the search of premises-
(a) not extend to any search by beekeeping officers or
police officers below the rank of inspector;
(b) only be exercised by officers on whom such powers
have been conferred by this section in the presence of
two independent witnesses.
46.–(1) Any bees, beehives, apiary products or appliances
seized under sections 36 and 45 shall be brought to the nearest
police station or if it is not feasible to deliver them to a police
station they shall be delivered into the custody of the nearest
beekeeping officer and a report of such seizure shall be made
forthwith to the senior police officer having jurisdiction within
the area.
(2) Any bees, beehives, apiary products or appliances held in
custody by the police or a beekeeping officer shall be retained
until the offence in connection with which they have been
seized has been prosecuted, or compounded or a decision has
been taken not to prosecute.
(3) Where any seized bees, beehives, apiary products or
appliances are perishable, a beekeeping officer may order that
the said bees, beehives, apiary products or appliances be sold
or destroyed and where they have been sold, the proceeds of
the sale shall be retained and the provisions of subsection (2)
shall apply to any such proceeds.
47.–(1) The Director or an authorised officer may, subject to
and in accordance with the provisions of this section, if he is
satisfied that a person has committed an offence against this
Act, compound such offence by accepting from such person
a sum of money together with the bees, beehives, apiary
products or appliances, if any, in respect of which the offence
has been committed.
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Custody of
seized bees and
appliances
Compounding of
offences
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(2) The sum of money payable under subsection (1) shall-
(a) not exceed five times the amount of the fee prescribed
as being payable in respect of such offence;
(b) include payment of all fees and royalties due or which
would have been due if the action taken had been
authorised under this Act;
(c) where any bees, beehives, apiary products or appliances
involved in the offence have been damaged, injured or
removed during the commission of the offence, include
a sum of money not exceeding the value of those bees,
beehives, apiary products or appliances which have
been damaged, injured or removed;
(d) include all reasonable expenses which the Division
may have incurred in the seizure, storage, maintenance
or removal of any articles seized in connection with the
offence.
(3) The power conferred by this section shall only be
exercised where a person admits that he has committed an
offence and agrees in writing in the prescribed form to the
offence being dealt with under this section.
(4) The power conferred by this section shall only be
exercised where the value of the bees, beehives, apiary
products or appliances in respect of which an offence has
been committed or the damage caused by the offence does not
exceed one million shillings.
(5) The Director or an authorised officer shall give to the
person from whom he receives any sum of money under
subsection (2) a receipt therefor and as soon as practicable
thereafter report the exercise of such power to the Director
of Public Prosecutions and the district administrative officer
exercising jurisdiction within the area where the offence was
committed.
(6) Any sum of money received under this section shall, after
deduction of reasonable expenses, be paid into the Beekeeping
Development Fund.
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(7) Where any proceedings are brought against any person
for an offence against this Act, it shall be a good defence if such
person proves that the offence with which he is charged has
been compounded under this section.
Repealed
48. [Repealed by Act No. 1 of 2008, s. 39.]
Additional orders
on conviction
49.–(1) Where any person is convicted of an offence against
this Act, the court may, in addition to any other penalty
provided for by this Act, order-
(a) that any licence or certificate of registration granted
under this Act to the person convicted be cancelled
and that the said person be disqualified from holding
any other licence or certificate of registration for such
period as the court may direct;
(b) that any apiary product or appliances in respect of
which the offence has been committed and anything
which has been used in the commission of the offence
be forfeited to the local authority where the offence
occurred and may be disposed of by the local authority
in such manner as it may see fit;
(c) that where any bees, beehives, apiary products or
appliances have been damaged or injured in the course
of or in connection with the commission of the offence,
the person convicted to pay to the person having
control over or possession of the bees, beehives, apiary
products or appliances, by way of compensation, the
value of the said bees, beehives, apiary products or
appliances;
(d) that where any property or thing belonging to the
Government or a local authority had been damaged
or injured in the course of or in connection with the
commission of the offence, the person convicted pay to
the Director or, as the case may be, the chief executive
officer of the local authority, by way of compensation,
the value of the property or thing;
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(e) the person convicted of the offence to pay to the
Division up to ten times the amount of any royalties
or fees which, had the action constituting the offence
been authorised, would have been payable in respect
thereof;
(f) the person convicted of the offence to reimburse the
Division for any costs and expenses it has incurred
in the seizure, storage, maintenance and removal of
any bees, beehives, apiary products or appliances or
other goods and things confiscated or forfeited to the
Government in connection with the offence.
(2) Any sums of money paid or payable to the Director or
generated by the sale of any property under the provisions
of this section shall be paid into the general revenues of the
Government.
50. The Director may award any amount not exceeding one
half of any fine imposed for an offence against this Act to any
person who may have supplied such information as may have
led to the conviction of an offender.
51. An act or thing done by any officer shall not, if the act
or thing was done in good faith in the exercise or purported
exercise of any power conferred by this Act for the purpose of
carrying out the provisions of this Act, subject such officer to
any action, liability, claim or demand whatsoever.
PART IX
MISCELLANEOUS PROVISIONS
Reward to
informer
Protection of
officers
Arrangement for
research
52.–(1) A person intending to undertake any research into
bee reserves shall in addition to any permit or licence, if any,
required to be obtained from any other person or organisation
in order to be able to undertake such research, obtain a research
permit from the Division.
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(2) An application for a research permit to which this
section applies shall be accompanied by a copy of the research
proposal and include-
(a) the name, qualifications and designation of the person
applying for the permit;
(b) the name, qualifications and designation of any person
whom it is proposed will assist or work with the person
applying for the permit;
(c) the name, function and address of the institution or
organisation, if any, with which the person applying for
the permit is connected, either directly or indirectly,
and if a different institution or organisation is funding
in whole or in part the research, the name, address and
functions of that funding institution or organisation;
(d) the purpose of the research and the use to which it shall
be put, including any proposals for the publication of
the results of the research and any proposed commercial
exploitation of the research;
(e) such other matters as may be prescribed.
(3) In determining whether to grant or refuse to grant a
research permit, the Division shall have regard to-
(a) any general policies concerning research adopted by
any national bodies charged with a duty to promote
and regulate research;
(b) the extent to which the proposed research is likely to
contribute to the furtherance of the principles and
objectives of the policy;
(c) the proposals or lack of them that the research plan
contains for disseminating the results of the research
within Tanzania; and
(d) such other matters as appear to be relevant or as may be
prescribed.
(4) The Division may, in granting a research permit attach
such conditions to the permit, as are directed to ensure that
the matters referred to in subsection (3) are observed and
furthered by the research and in particular such conditions
may regulate and control the manner in which any specimens
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of any bees or apiary products are taken from or are exported
from Tanzania in the course of or at the conclusion of the
permitted research.
(5) A person who has been granted a research permit shall,
at his own expense, deposit one copy of any publication and
any other publicly available information arising out of or
produced in connection with the research, whether produced
by the person granted the research permit alone or as a joint
author with other persons during the course of the research,
in each such library in Tanzania as shall be specified in the
research permit or as may be prescribed.
(6) Where the Director is satisfied after due inquiry or as a
result of information given to him by a reliable source that any
research is being conducted otherwise than in accordance with
the terms of a research permit, he shall forthwith withdraw
the said research permit and issue a direction in writing to the
person to whom the research permit was granted to cease all
activities connected with or arising out of the research.
(7) Notwithstanding the provisions of subsections (1) to (6)
all research matters shall be dealt with in accordance with the
Tanzania Wildlife Research Institute Act.
Cap. 260
Arrangement for
training
53. There shall continue to be an Institute responsible for
beekeeping training, which shall-
(a) develop, execute and facilitate, training programs in
beekeeping; and
(b) assist other organisations and persons to develop and
execute training courses and programs in beekeeping.
Following swarms
of bees
54.–(1) A beekeeper or an employee or agent of a beekeeper
may in following a swarm of bees enter the land of any person
to recover that swarm of bees but shall not commit any
unnecessary damage on that land.
(2) Unless any rule of customary law specifies to the
contrary or any practice recognised within the area is accepted
as authority for a contrary practice, a beekeeper shall be liable
for any damage caused by his entry or that of any person acting
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under his control or orders on to the land of another person
under this section.
(3) A beekeeper who has or whose employees or agents have
followed a swarm of bees on to the land of another person shall
as soon as possible and in any event within forty-eight hours of
the event, inform that person of the entry on to his land.
Appeals
55. Where a person is aggrieved by-
Rights of entry
(a) any decision made in connection with a certificate of
registration under Part V of this Act;
(b) any decision, directive or order given by the Director
under Part VI of this Act;
(c) any decision, directive or order given by an inspector
or the Director under Part VI of this Act;
(d) any action of an inspector in seizing and detaining
bees, beehives, apiary products or appliances under any
provisions of Part VI of this Act and seeks the return of
those bees, beehives, apiary products or appliances;
(e) any decision made under section 17 of this Act,
he may, within the prescribed period and in accordance with
the prescribed procedures appeal to the High Court.
56.–(1) A person authorised by the Director shall have power,
on the giving of not less than forty-eight hours notice, to enter
and inspect at all reasonable times between the hours of 6.00
a.m and 6.00 p.m any land, for any purpose connected with the
implementation of this Act.
(2) The notice which is required by subsection (1) to be
given prior to any entry on to land shall specify clearly the
purpose for which and the time at which the authorised officer
shall enter the land.
(3) Every person authorised to enter or inspect land under
this section shall be furnished with a written authorisation
signed by the Director or authorised officer and if so required
by any person having an interest in or occupying the land
which he enters and inspects, shall produce the same to such
person.
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Call for
information
(4) Where any person authorised under this section causes
any damage to land or anything on the land during his entry
and inspection, the Director, shall forthwith appoint a person
to assess such damage and pay promptly compensation based
on that assessment to the person whose land or things on the
land have been damaged.
57.–(1) The Director may, for any purpose connected with the
implementation of this Act, by notice in writing forwarded
or delivered by registered post, require any person holding a
licence or a certificate of registration under this Act to send
or deliver to him within one month of the date on which the
notice was so sent or delivered, such documents and other
information about the licence or certificate of registration as is
specified in the notice.
(2) The notice sent by the Director shall specify clearly and
in a language calculated to be understood by the recipient of
the notice the information that is required.
(3) Where the recipient of the notice is unclear as to the
information which he is required to provide, he shall, as soon
as possible, seek further clarification and elucidation from the
Director.
(4) It shall be a defence to any person charged with a failure to
comply with the notice or with giving misleading information
in his reply to the notice that he could not reasonably have been
expected to understand the notice or any further clarification
and elucidation provided by the Director in response to any
communication sent or made to the Director under subsection
(3).
(5) Where the Director requires information from a person
who, it is reasonable to assume from his age, circumstances,
education, and location, shall not be able to understand or reply
in writing to the written notice, the Director shall authorise
an officer in writing to interview that person and obtain the
required information by means of that interview.
(6) An officer authorised to conduct an interview under
subsection (5) shall give not less than seven days’ notice of the
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Power to make
regulations
time, being a reasonable time between the hours of 6.00 a.m
and 6.00 p.m, at which he proposes to conduct the interview,
and such interview shall be conducted in a reasonable manner.
58.–(1) The Minister may make regulations either of general
application or in respect of any particular bee reserve or in
respect of any apiary products for the better carrying out of the
provisions and objectives of this Act, and without prejudice to
the generality of this provision, any such regulations may be
made-
(a) prescribing the forms of notices and other documents
required or authorised to be issued under this Act;
(b) controlling diseases of bees and prescribing the manner
in which bees, beehives, apiary products and appliances
are to be treated or disposed of in a case where they
are infected by a notifiable or prescribed disease or are
liable to spread a notifiable disease;
(c) regulating the manufacture, packing, labelling and sale
of any food for bees;
(d) regulating the use of any plant protection substances
within a bee reserve or bee zone;
(e) prohibiting the importation of bees, beehives, apiary
products or appliances into Tanzania at places other
than specified places of entry;
(f) regulating the manner and form for the grant of import
permits;
(g) regulating the operation of quarantine areas;
(h) regulating the carriage of bees and beehives within
Tanzania;
(i) regulating the manufacture, packing, labelling and sale
of apiary products;
(j) providing for the grading and packing of apiary
products and the branding and labelling of packages
containing apiary products and for prohibiting the sale
of those products unless the prescribed conditions are
fulfilled;
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(k) prohibiting or regulating the use of bee reserves for
eco-tourism, research, camping, hiking and any other
purposes of like nature;
(l) prescribing the time, procedures and manner of
investigating and recording existing rights in relation to
apiary products within forest reserves and bee reserves
and bee zones;
(m) regulating the manner and procedures in which
licences, permits or certificates of registration may be
applied for, granted, varied, refused or cancelled;
(n) providing for the terms and conditions subject to which
licences, permits or certificates of registration may be
granted, extended, altered, or revoked;
(o) prescribing the fees payable for any licence, permit
or certificate of registration and providing for any
exemptions for any persons or class of persons from
the payment of any such fees and any conditions and
limitations relating to any such exemption;
(p) regulating the sale and disposal of apiary products by
tender, public auction, agreement or otherwise, and
matters incidental thereto;
(q) prohibiting or controlling the entry of persons, animals
or vehicles into any bee reserve or bee zone, or part
thereof and regulating the period during which such
persons, animals or vehicles may remain therein and
providing for the conditions subject to which they may
do so;
(r) establishing and regulating sanctuaries for birds and
other flying creatures within bee reserves;
(s) regulating the times, seasons and practices of collecting,
taking, picking, storing and removing wild plants
within bee reserves;
(t) prescribing the names to be applied to apiary products
in order to promote their better utilisation by
marketing, and providing for the manner in which any
list of names may be amended or varied;
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(u) providing for the compulsory use of marks of quality
control by dealers in apiary products and for the
registration of such marks;
(v) providing for the compulsory use of identification
labels by local authorities, village councils and owners
of private bee reserves for the purpose of identifying
apiary products sold from local authority, village and
community bee reserves and private bee reserves and
the manner of their use;
(w) providing for the prohibition of the use of marks,
names and labels not registered under the provisions
of rules made under this Act;
(x) prohibiting or regulating the use of roads or paths
other than public highways within bee reserves and
providing for the repair of roads, tracks or bridges in a
bee reserve by any person damaging the same;
(y) prohibiting or regulating within bee reserves the
lighting of fires, smoking or the carrying, kindling or
throwing of any fire or light or inflammable material;
(z) providing for the registration of stamps and marks for
use by the Division for marking apiary products or
indicating bee reserves and bee zones;
(aa) providing for the modalities of prohibiting or
regulating the export from Tanzania or from any area
of Tanzania of any bees, beehives, apiary products or
appliances;
(bb) prohibiting or regulating any act liable to cause damage
to bees, beehives, apiary products or appliances;
(cc) prohibiting or regulating any act liable to cause damage
to bees, beehives, apiary products or appliances;
(dd) providing for local authorities and village councils to
make by-laws in such matters set out in this section as
may be provided for in any such rules;
(ee) providing model by-laws for adoption by local
authorities and village councils on any of the matters
set out in this section;
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(ff) regulating the manner and form whereby the criteria
on which the Trustees may grant monies from the
Fund to applicants; and
(gg) providing for the exportation of bees, colony, apiary
products and beekeeping appliances.
(2) The Minister may make regulations in all issues relating
to the regulation of times and practices of hunting, capturing
of wild animals and fishing within a bee reserve provided that
such regulations are in accordance with the laws regulating
such matters.
(3) The regulations made under this section may be
expressed to apply-
(a) to all bees, beehives, apiary products and appliances;
(b) to all persons or any class of persons specified in the
regulations; and
(c) to all areas or any area specified in the regulations.
(4) A local authority or a village council may with the
approval of the Minister responsible for local authority make
rules applicable to any local authorities or village or community
bee reserve which it maintains or has jurisdiction over for any
of the matters which may be provided for by any rules made by
the Minister under paragraph (dd) of subsection (1).
(5) Any rule made under this section may prescribe for the
breach thereof a fine not exceeding three hundred thousand
shillings or imprisonment for a term not exceeding six months
or to both.
59. The Minister may, if he is satisfied that it is in the interests
of the better management or sustainable utilisation of the
beekeeping resources, by notice in the Gazette exempt any
person or class of persons or any land or class of lands from
all or any of the provisions of this Act, other than any of the
provisions of Parts VIII or IX or any rules, orders or notices
made under this Act, subject to such conditions and limitations
as may be specified in such notice and any such notice shall
be accompanied by a written statement of the reasons for the
exemption which shall be made available to the public.
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Power to grant
exemptions
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[CAP. 224 R.E. 2023]
FIRST SCHEDULE
(Made under section 10(3))
MEETINGS AND PROCEDURAL
MATTERS OF THE COMMITTEE
1. The members of the Committee shall elect from amongst their number
a Chairman and a Vice-Chairman who shall hold office for three years
respectively unless their membership is otherwise terminated and shall
be eligible to be re-elected for one more term.
2. Members of the Committee shall hold office for three years and
unless their membership is otherwise terminated shall be eligible to be
re-appointed for another term.
3. The Director shall appoint an officer from the Division to act as the
Secretary to the Committee.
4.–(1) The Committee shall hold ordinary meeting after every four
months following a calendar year.
(2) An ordinary meeting of the Committee shall be convened by the
Chairman and the notice specifying the place, date, time and purposes
of the meeting shall be sent to every member not less than fourteen
days before the date of the meeting.
(3) The Chairman, or in his absence the Vice-Chairman shall
convene an extraordinary meeting of the Committee upon receipt of a
request in writing in that behalf signed by not less than three members
of the Committee and where such a meeting is convened, the agenda for
such a meeting shall be sent to each member not less than seven days
before the date of the meeting.
(4) A meeting of the Committee shall be presided over by the
Chairman or in his absence, by the Vice-Chairman and when both the
Chairman and the Vice-Chairman are absent, by any member elected
by members present at that meeting.
(5) The quorum at any meeting of the Committee shall be half of
the members.
(6) The Committee may establish such committees and subcommittees
as it sees fit to enable it to discharge its functions under the Act.
(7) A member who has any interest, direct or indirect in any matter
coming before the Committee or a committee thereof shall, as soon as
practicable, disclose the nature of that interest to the Chairman or Vice-
Chairman and shall not take part in any decision on that matter.
(8) The Committee may regulate its own proceedings.
5.–(1) The Committee shall prepare an annual report setting out its
current activities and indicating its future activities together with a set
of audited accounts and shall submit that report to the Minister who
shall lay such report and audited accounts before the parliament.
(2) The Committee may also prepare any special report to the
Minister when the need arise.
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SECOND SCHEDULE
(Made under section 40(4))
THE TRUSTEES
1.–(1) The Trustees shall consist of members whose numbers shall be
not less than seven and not more than ten including-
(a) the Chairman who shall be a person of proven quality and
integrity who has achieved high office or distinction within
the country, to be appointed by the President;
(b) a senior representative from the Ministry responsible for
finance;
(c) a senior representative from the Ministry responsible for
beekeeping;
(d) a member from an organisation concerned with research in
beekeeping and allied matters;
(e) a member from a training institute concerned with
beekeeping;
(f) a lawyer;
(g) a person from a non-governmental organisation concerned
with the conservation of the natural resources of Tanzania;
(h) a person representing local authorities;
(i) a qualified and registered accountant.
(2) Not less than three of the Trustees shall be women.
(3) The Trustees shall elect from amongst their members a Vice-
Chairman who shall hold office for two years but shall, subject to
remaining a Trustee be eligible to be re-elected for one further more
term.
2. The Trustees shall hold office for three years and except where their
membership is terminated shall be eligible to be re-appointed for
another term.
3. An officer responsible for financial matters of the Fund shall
attend the meetings of the Trustees when matters connected with the
management of the Fund are discussed.
4. The quorum at any meeting of the Trustees shall be the Chairman or
Vice-Chairman and not less than four other Trustees.
5.–(1) An ordinary meeting of the Trustees shall be convened by the
Chairman and the notice specifying the place, date, time and the
purposes of the meeting together with the papers from the meeting
shall be sent to each Trustee fifteen days before the date of the meeting.
(2) The Chairman, or in his absence the Vice-Chairman shall
convene an extraordinary meeting of the Trustees upon receipt of a
request in writing in that behalf signed by not less than four Trustees.
(3) A Trustee who has any interest, direct or indirect in any matter
coming before the Trustees shall, as soon as practicable, disclose the
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nature of that interest to the Chairman or Vice-Chairman and shall not,
thereafter, take part in any deliberations or decision on that matter.
(4) The Trustees may regulate their own proceedings.
6.–(1) The Trustees shall prepare an annual report which shall include a
set of audited accounts and shall submit that report to the Minister who
shall lay it before the Parliament.
(2) The Trustees may also prepare any special report to the Minister
when the need arises.
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