Tanzania Act or statute

Parliament of Tanzania

The Land Use Planning Act, 2007

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Jurisdiction: Tanzania
Structure: 157 provisions
Citation: The Land Use Planning Act, 2007
Dates: Legal dates not recorded

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Purpose and legislative effect

“This provision is a section heading for interpretation within Part II, the Policy Framework.”

This provision is a section heading for interpretation within Part II, the Policy Framework. Section 4 is titled “Land use planning objectives” and appears in Part III on administration. This section establishes the National Land Use Planning Commission. This section is about the Commission’s powers to ensure compliance. This section names the Director-General of the Commission.

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Section 2

This provision is a section heading for interpretation within Part II, the Policy Framework.

Section 2

The objectives of land use planning to which all persons and

People and authorities using, applying, or interpreting the Act must do so in line with the land use planning objectives listed here.

Section 4

(1) A planning authority may apply to the Tribunal for the

A planning authority may ask the Tribunal for a statutory easement if it would help planning activities in an area or zone.

Section 44

Proposals for multiple land use systems to accommodate different land use

This section is about proposals for multiple land use systems to accommodate different land use practices.

Section 2

A Minor Settlement (Trading Centre). Some villages act as trading centres

A village settlement qualifies as a trading centre only if it has at least 5 retail shops and a market place, a primary school, a dispensary, and a post office.

Section 2

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Showing 157 of 157 provisions

Provision 133Commencement 9Offence 8Repeal 3

§ 2Section 2Interpretation

This provision is a section heading for interpretation within Part II, the Policy Framework.

2. Interpretation. c* P A R T II T h e P o l i c y F r a m e w o r k

Section 2Verify source

§ 4Land use planning objectivesProvision

Section 4 is titled “Land use planning objectives” and appears in Part III on administration.

4. Land use planning objectives. PART III A d m i n i s t r a t i o n

Section 4Verify source

Part

PART III

§ 6Establishment of the National Land Use Planning CommissionProvision

This section establishes the National Land Use Planning Commission.

6. Establishment of the National Land Use Planning Commission.

Section 6Verify source

§ 8Powers of the Commission to ensure complianceProvision

This section is about the Commission’s powers to ensure compliance.

8. Powers of the Commission to ensure compliance.

Section 8Verify source

§ 10The Director-General of the CommissionProvision

This section names the Director-General of the Commission.

10. The Director-General of the Commission.

Section 10Verify source

§ 13Liability of the Commission for damageProvision

This provision is titled “Liability of the Commission for damage.”

13. Liability of the Commission for damage. 135 No. 6 Land Use Planning 2007 PART IV F i n a n c i a l P r o v i s i o n s

Section 13Verify source

Part

PART IV

§ 14The fundS and the resources of the CommissionProvision

This section concerns the Commission’s funds and resources.

14. The fundS and the resources of the Commission.

Section 14Verify source

§ 15Powers of the Minister to impose feesProvision

Section heading about the Minister’s powers to impose fees.

15. Powers of the Minister to impose fees.

Section 15Verify source

§ 17Accounts and AuditProvision

This section is titled “Accounts and Audit” and introduces Part V on the machinery of planning, including the establishment of land use planning authorities.

17. Accounts and Audit. PART V T h e M a c h i n e r y o f P l a n n i n g (a) Establishment o f Land use planning authorities

Section 17Verify source

§ 14(1) The funds and resources of the Commission shall consist o fProvision

The Commission’s funds come from Parliament-provided sums and from money or assets it acquires while exercising its powers or performing its functions, and those funds must be used for the Commission’s established purposes.

14.—(1) The funds and resources of the Commission shall consist o f - (a) such sums as may be provided by Parliament for the purpose of the Commission; (b) such moneys or assets as may accrue to or vest in the Commission in the course of the exercise of its powers or the performance of its functions under this Act. 2007 Indemnity Liability of the Commis sion for damage The funds and resources o f the Commis sion (2) The funds and resources of the Commission shall be applied for the purposes for which the Commission is established.

Section 14Verify source

§ 15(1) Where the Minister considers it necessary in the publicProvision

The Minister may, by Gazette order and after consulting the finance Minister, impose fees payable to the Commission, and affected persons must pay them as directed.

15.—(1) Where the Minister considers it necessary in the public interest may, after consultation with the Minister responsible for finance ana by order published in the Gazette, impose fees payable to the Commission by any person benefiting from the activities of the Commission or whose activities affect the activities of the Commission and such person or body of persons specified in the order, shall take all necessary measures to pay to the Commission such fees and in such a manner as may be specified in fhe order. Powers of the Minister to impose fees (2) The amount of fees required to be paid under subsection (1), shall be paid by the specified person and the amount so payable shall be a debt due to the Commission and may be recovered from the specified person or body of persons as a civil debt by a suit at the instance of the Director-General or any person authorized by him in that behalf. 147 No. 6 Land Use Planning 2007 (3) Where any fees is due from any specific person, the Director General may file, in the District Land and Housing Tribunal or District Court as specified under section 50 of the Land Act, a certificate stating the name and address of the specified person or body of persons from whom the amount is due and upon the certificate being lodged in court, the certificate shall be deemed to be a plaint duly lodged under Order XXXV of the Civil Procedure Code. Cap. 113 Cap.33 (4) The court shall proceed in the matter in accordance with the provisions of that Order, and in the event of judgment being given in favour of the plaintiff, the court shall pass a decree for payment by the defendant to the Commission, together with interest on that amount at five per centum per month from the date on which the certificate was filed until the payment is made. (5) The provisions of subsection (4), shall apply notwithstanding that the amount involved exceeds the pecuniary jurisdiction of such court. (6) Every certificate filed in the court pursuant to the provisions of subsection (3) shall, unless the contrary is proved, be a conclusive evidence. Annual estimates

Section 15Verify source

§ 16(1) The Director-General shall, in respect of each financialCommencement

The Director-General and the Commission must prepare, adopt, submit, and adjust annual and supplementary budgets, and the Minister must approve or disapprove them.

16.-(1) The Director-General shall, in respect of each financial year, cause to be prepared estimates of the expenditure and revenue of the Commission and those estimates shall be adopted by the Commission with or without modification as may deem fit before the commencement of each financial year. (2) Where in any financial year the Commission requires to make any disbursement not provided for or of any amount in excess of the amount provided for in the annual budget for that year, the Commission shall, at a meeting, pass a supplementary budget detailing the manner in which disbursement was made. (3) The annual budget and every supplement budget shall be in such form and include such details as the Minister may direct. (4) Upon passing the annual budget or any supplementary budget, the Commission shall submit to the Minister for approval of that annual budget or the supplementary budget. 148 No. 6 Land Use Planning 2007 (5) The Minister shall, upon receipt of the annual budget or any supplementary budget, approve or disapprove or may approve it subject to such amendment as may be appropriate. (6) Where the Minister has approved any annual budget or any supplementary budget the annual budget or, the supplementary budget, shall be binding on the Commission and shall confine the disbursements of the Commission within the items and amounts contained in the applicable estimates as approved by the Minister. (7) The Commission m ay- (a) with the sanction in writing of the Minister, make a disbursement notwithstanding that the disbursement is not provided for in any budget; or (b) adjust expenditure limits to take account of circumstances not reasonably foreseeable at the time the budget was prepared in which case the Commission shall submit a supplementary budget to the Minister within two months fro m th e d a te o f th e a lte ra tio n of expenditure limits.

Section 16Verify source

§ 17(1) The Commission shall cause to be prepared and keptProvision

The Commission must keep proper accounting records and annual balance sheets, have audited accounts submitted for audit, and send the audited accounts to the Minister within the stated time limit.

17.—(1) The Commission shall cause to be prepared and kept proper books of accounts and records with respect to: - ? (a) (b) the receipt and expenditure of moneys by, and other financial transactions of the Commission; the assets and liabilities of the Commission, and shall cause to be made out for every financial year a balance sheet showing details of the income and expenditure of the Commission and all its assets and liabilities. Accounts and audits (2) As soon as possible, after the close of every financial year, a balance sheet showing details of the income and expenditure of the Commission in respect of that financial year shall be submitted to the Commission for audit. (3) Every audited balance sheet shall be placed before a meeting of the Commission for approval in which case, the Commission shall, endorse the balance sheet with a certificate that it has been so adopted. 149 No. 6 Land Use Planning 2007 (4) As soon as the accounts of the Commission have been audited, and in any case not later than eight months after the close of the financial year, the Commission shall submit to the Minister a copy of the audited statement of accounts together with a copy of the report made by the auditors on the statement of accounts. (5) Upon receipt of the report of audited statement of account, the Minister shall as soon as possible lay the report to the National Assembly. PART V M a c h i n e r y o f P l a n n i n g (a) Establishment of land use planning authorities

Section 17Verify source

Part

PART V

§ 19National Land Use Planning AuthorityProvision

This section is titled “National Land Use Planning Authority.”

19. National Land Use Planning Authority.

Section 19Verify source

§ 20The role of the Regional SecretariatProvision

This section is titled “The role of the Regional Secretariat.”

20. The role of the Regional Secretariat.

Section 20Verify source

§ 21District land use planning authoritiesProvision

This section is titled “District land use planning authorities.”

21. District land use planning authorities.

Section 21Verify source

§ 22Village land use planning authoritiesProvision

This section is titled “Village land use planning authorities.”

22. Village land use planning authorities.

Section 22Verify source

§ 23General powers of land use planning authoritiesProvision

This section is titled “General powers of land use planning authorities.”

23. General powers of land use planning authorities.

Section 23Verify source

§ 24Relations with local government authoritiesProvision

This section concerns relations with local government authorities and the preparation and finalisation of plans.

24. Relations with local government authorities. (b) Preparation and finalisation o f plans

Section 24Verify source

§ 28Matters to be included in all land use plansProvision

This section is titled “Matters to be included in all land use plans.”

28. Matters to be included in all land use plans.

Section 28Verify source

§ 29Preparation of the national framework planProvision

This section is titled “Preparation of the national framework plan.”

29. Preparation of the national framework plan.

Section 29Verify source

§ 30Preparation of zonal land use plansProvision

This section is about the preparation of zonal land use plans.

30. Preparation of zonal land use plans.

Section 30Verify source

§ 31Preparation of regional framework plansProvision

This section is titled Preparation of regional framework plans.

31. Preparation of regional framework plans.

Section 31Verify source

§ 34Approval of national, zonal, regional and district plansProvision

This section is about approval of national, zonal, regional, and district plans.

34. Approval of national, zonal, regional and district plans.

Section 34Verify source

§ 35Approval of village and resource sector plansProvision

This section concerns approval of village and resource sector plans.

35. Approval of village and resource sector plans.

Section 35Verify source

§ 38Revocation or modification of plansProvision

This section is about revoking or modifying plans.

38. Revocation or modification of plans. PART VI S p e c i a l p o w e r s o f p l a n n i n g a u t h o r i t i e s

Section 38Verify source

§ 18(1) For the purpose of this Act, planning authorities shallProvision

Planning authorities include listed bodies, and a village council must brief the Ward Development Committee on land use planning.

18.—(1) For the purpose of this Act, planning authorities shall include- the National Land Use Commission; and (a) a village council; (b) a district council; (c) (d) any such body or organ which the Minister may, by order published in the Gazette, declare to be a planning authority or joint planning authority. (2) For avoidance of doubt, a village council shall attain the status of a planning authority for a village which conforms to the requirements set out under the Sixth Schedule to this Act. (3) Without prejudice to subsection (1), the village council shall brief the Ward Development Committee having jurisdiction in the area where the village is situated, on land use planning. P la n n in g authori ties National Planning Authority

Section 18Verify source

§ 19(1) For the purpose of this Part, the Commission shall H theProvision

The Commission is responsible for national land use planning functions and may create a technical committee.

19.—(1) For the purpose of this Part, the Commission shall H the national land use planning authority. (2) The Commission shall, in that capacity:- (a) prepare the national land use framework plan; (b) prepare detailed zonal land use frame work plans; (c) ensure co-ordinated and orderly physical development at the national level; 150 No. 6 Land Use Planning 2007 (d) monitor and evaluate long term changes in land use in the country; (e) co-ordinate regional land use framework plans, (f) establish machinery for inter-sectoral co-ordination among land use agencies; (g) co-ordinate the various land use management activities being undertaken by lead agencies; (i) (h) promote the integration of land use considerations into development policies, plans, programmes and projects; subject the land use framework or zonal plans to Environmental Impact Assessment, having bearing in the relevant law; and subject to the relevant law, inspect implementation of land use plans. (j) (3) The Commission shall, in addition to the functions specified in sub-section (2) have power to - (a) consult and examine all urban land use plans prepared under relevant urban planning law, for purposes of rationalization and incorporation into the national or r e le v a n t re g io n a l la n d use framework plans, and (b) recommend such other measures to urban planning authorities as are necessary for ensuring that urban land use plans take account of the overall land use and development goals. (4) In the exercise of its functions under sub-section (2), the Commission shall: (a) harmonise resource management sector plans and integrate them into the national land use framework plan; (b) establish and review, in consultation with the relevant lead agencies, land use guidelines; (c) appraise land use patterns to determine their impact on the quality and quantity of natural resources; and (d) advise the Minister on legislative and other measures necessary for the management of land as a national asset. 151 No. 6 Land Use Planning 2007 Role of the Regional Secret ariat (5) The Commission may, for the better execution of its functions under this section, establish a Technical Committee consisting of fifteen members drawn from the list set out in the Fourth Schedule to this Act. (6) The Technical Committee shall, in consultation with the relevant lead agencies, deliberate on and advise the Commission on any of the matters set out in the Fifth Schedule to this Act.

Section 19Verify source

§ 20(1) The role of the Regional Secretariat in relation toProvision

The Regional Secretariat must coordinate land use planning and related regional coordination activities in its region.

20.—(1) The role of the Regional Secretariat in relation to co-ordination of the preparation and implementation of land use plans by the district councils in the respective region shall be to: (a) co-ordinate inter and intra district land use planning including the preparation of resource management sector plans within the region; (b) establish machinery for intersectoral co-ordination among lead agencies within their areas of jurisdiction; and (c) ensure the co-ordination of physical development and systematic land use in each region. (2) In the exercise of its functions under sub-section (1), the Regional Secretariat shall undertake such activities enumerated in paragraphs (a), (b), (c) and (d) of subsection (4) of section 19 as would enhance its functions under this section. District Planning Authori ties

Section 20Verify source

§ 21(1) A District Council shall be a land use planning authority inProvision

A District Council is a land use planning authority, and that authority must consult stakeholders and carry out district land use planning functions.

21.—(1) A District Council shall be a land use planning authority in the district. (2) A district land use planning authority shall, in consultation with all relevant stakeholders: (a) prepare district land use framework plans incorporating relevant aspects of plans prepared under relevant urban planning law, that includes:— (i) (ii) (iii) planning for vertical development; and (iv) urban boundaries. small islands; coastline and beaches; (b) ensure co-ordination and systematic physical development at the district level; 152 No. 6 Land Use Planning 2007 19 Village Planning Authori ties Cap. 114 (c) ensure inter-sectoral co-ordination; and (d) co-ordinate village land use plans.

Section 21Verify source

§ 22(1) Every village council shall be a village land use planningProvision

Every village council must act as the village land use planning authority for its village.

22.—(1) Every village council shall be a village land use planning authority for the respective village. (2) The Composition, procedure and functioning of the village council shall be as provided by sections 12 and 13 of the Village Land Act, and the Guidelines for Participatory Village Land Use Planning. (3) Subject to approval by respective Village Assembly, the village f* land use planning authority shall, in that capacity- (a) prepare detailed land use plans for implementation in its respective area of jurisdiction; (b) ensure that the objectives of the Village Land Act, are achieved; (c) secure the orderly and environmental sustainable development in the village; (d) ensure productive use of village land; (e) preserve village land resources including forests and (f) wildlife; and review or evaluate all applications for land within the vil lage to determine the extent of its conformity with approved land use plans and to advise the Village Assembly accordingly.

Section 22Verify source

§ 23Section 23Provision

All planning authorities must implement policy and direction under this Act, and set land-use goals, priorities, and environmental criteria.

23. All planning authorities shall:— (a) be responsible for policy implementation and direction for the purposes of this Act; (b) set appropriate goals and objectives at all land use plan ning levels and determine policies and priorities for the improvement of land productivity in their areas of jurisdiction; and in collaboration with the National Environment Management Council, determine appropriate criteria for protection of the environment and sustainable use of natu ral resources. (c) General powers of plan ning authori ties 153 No. 6 Relations with local govern ment authori ties Cap. 287 Cap. U l Declara tion of planning areas Land Use Planning 2007

Section 23Verify source

§ 24The provisions of the Local Government (District Authorities)Provision

Rules in the Local Government (District Authorities) Act and the Village Land Act about land use and environment planning are to be read as part of this Act, with necessary modifications.

24. The provisions of the Local Government (District Authorities) Act and the Village Land Act relating to land use and environment planning shall, with necessary modifications, be read and construed as if they were provisions of this Act. (b) Preparation and approval o f plans

Section 24Verify source

§ 25(1) A planning authority other than the Commission may, byCommencement

Planning authorities and the Commission may declare planning areas or zones by notice, and the Commission may temporarily suspend development in those areas.

25.—(1) A planning authority other than the Commission may, by notice published in at least two newspapers circulating in the area, declare an area within its jurisdiction as a planning area, for the purpose of the preparation of a land use plan or the adoption of existing plan in accordance with this Part. (2) Subject to approval by the Minister, the Commission may, for the purpose of the preparation of a zonal land use plan or the adoption of an existing plan in accordance with this Part, and by notice p u b lis h e d in the G a z e tte and in at least two newspapers circulating in the area: (a) declare any area in Tanzania as a zone; (b) specify, in that declaration, the precise boundaries of that zone. (3) Subject to subsection (4), the Commission may, by notice published in the Gazette, suspend for a period of not more than one year, any development in a planning area or zone until the land use or physical development plan in respect of such area or zone has been approved. (4) Where, before the declaration of a planning area or zone under subsection (1), development permission has been granted by a local authority for development in the area or zone such permission shall not be affected by the suspension if the development in respect of which the permission is granted had commenced not less than six months before the suspension of development. Inventoiy of planning resources

Section 25Verify source

§ 26(1) All planning authorities shall, in respect of each declaredProvision

Planning authorities must prepare an inventory for each declared planning area or zone and involve stakeholders in doing so.

26.—(1) All planning authorities shall, in respect of each declared planning area or zone, prepare an inventory of the planning resources at tilC’ r disposal in respect of that area. 154 No. 6 Land Use Planning 2007 (2) A report on the inventory shall be prepared, and shall consist, inter alia- (a) (b) the financial resources already allocated for use in the area or zone; the human and logistical resources that can be immediate ly deployed for use in the area or zone; (c) an assessment of the infrastructural development already in place in the planning area or zone; (d) an assessment of physical and other developments already in existence in the planning area or zone; and (e) a schedule and evaluation of all land use plans in force within the area or zone. (3) In the preparation of an inventory under this section, planning authorities shall ensure that all stakeholders in the area or zone are involved.

Section 26Verify source

§ 27(1) All land use planning authorities shall in respect of eachProvision

Land use planning authorities must prepare a land suitability assessment for each declared planning area or zone.

27.—(1) All land use planning authorities shall in respect of each declared planning area or zone, prepare a land suitability assessment consisting of: (a) a technical report on the physical characteristics and resources of the land; (b) a description and analysis of the current use and general condition of the land; the suitability of the land for the proposed land use plan; (c) (d) community needs in that area or zone; (e) valuable or sensitive ecosystems, if any, in that area or zone; (f) an assessment of the likely impact of the proposed plan on the environment of the planning area or zone; and (g) such other information as the Director-General may deem necessary. (2) Any assessment prepared under this section shall be presented to a meeting of stakeholders in the area or zone for discussion and revision, if any.

Section 27Verify source

§ 28(1) All land use plans prepared by relevant planningProvision

Relevant planning authorities must prepare land use plans that cover the listed land and conservation matters, and the Minister must make regulations and direct supporting guidelines, programs, and action plans.

28.—(1) All land use plans prepared by relevant planning authorities under this Act shall be relevant at each level, including proposals on the matters relating to- L 155 Land suitabili ty a s s e s s ment Matters to be included in all land use plans No. 6 Land Use Planning 2007 (a) determination or designation of land for various uses including cropland, rangeland, forestland and water sources, fisheries, farming and industrial, factory and workshop land; (b) preservation of protected or traditional and other sensitive areas, parks, game reserves, coastal ecosystems including swamps, beach land and marine parks, biodiversity colonies and other flora and fauna; (c) preservation of the quality and flow of water in a dam, lake, river or aquifer; (d) preservation of any outstanding geographical, physiographical, ecological and archaeological features; (e) historical features of the land; (f) preservation o f the scenic view of land; (g) preservation of open space; (h) preservation of defined paths on the land; (i) preservation of the natural contours and features of the land; (j) preservation and restriction of the scope of any activity on the land which has, as its object, the mining and working of minerals or aggregate; (k) promotion or regulation of the scope of any agricultural or pastoral activity on the land; (1) creation and maintenance of works on the land so as to limit or prevent harm to the land and the environment; (m) creation or maintenance of migration corridors for wildlife; (n) creation of buffer zones for the protection of natural forests, forest reserves, water catchments areas, rivers, dams and river banks; (o) designation of areas for small scale industries to produce low cost building materials and increase employment for human settlements development; and the establishment of new or reorganisation of existing settlements and physical infrastructure. (p) (2) The Minister shall, make regulations and direct preparations of guidelines, programs and action plans for giving effect to the provisions of this section. 156 2007 Prepara tion of the national frame work plan No. 6 Land Use Planning

Section 28Verify source

§ 29(1) The Commission shallCommencement

The Commission must prepare, consult on, present, and revise a national land use framework plan, and the plan must include specified analyses, guidelines, and recommendations.

29.—(1) The Commission shall: - (a) within five years of the commencement of this Act update and, where circumstances require, prepare a national land use framework plan; and (b) when the need arise, revise such plan for consideration by all sectors involved in land use planning. (2) In the preparation of the national land use framework plan, the Commission shall- (a) consult extensively with other planning authorities established under this Act and the relevant urban planning laws; and (b) present a draft of the framework plan to a meeting of all national stakeholders for discussion and revision. (3) The plan prepared under subsection (1), shall- (a) contain analysis of the natural resources of Tanzania with an indication to any pattern of change in their distribution and quantity over time; (c) (b) contain an analytical profile of the various uses and value of the natural resources incorporating considerations of the current and future generation; recommend appropriate legal and fiscal incentives that may be used to encourage the business community to incorporate proper land use planning and environmental requirements into their planning and operational processes; (d) set out operational (e) (f) (g) guidelines for the planning and management of land, the environment and natural resources; recommend methods for building national awareness through environmental education on the importance of the sustainable use of land, the environment and natural resources for national development; identify actual or likely problems that may affect the natural resources and the broader environment context in which they exist; identify and appraise trends in the development of urban and rural settlements, their impact on the land, the environment and strategies for the consideration of their negative impact; 157 24 No. 6 Land Use Planning 2007 (h) propose guidelines for the integration of standards of environmental protection into development planning and management; identify and recommend policy and legislative approaches investigating specific as for preventing, controlling or on the land and the well as general adverse impacts environment; and (i) (j) prioritise areas of land use planning and environmental research and outline methods of using such findings.

Section 29Verify source

§ 30(1) The Commission shall, in respect of each zone declaredProvision

The Commission must update, and when needed prepare, a zonal land use plan for each declared zone.

30.—(1) The Commission shall, in respect of each zone declared under subsection (2) of section 25, update and, where circumstances require, prepare zonal land use plan in respect of that zone. (2) The provisions of section 29 shall, mutatis mutandis, apply to the preparation of zonal land use plans under this section as they apply to the preparation of the national land use framework plan under that section. -• r (3) A zonal land use plan may be prepared with reference to any land within the zone for the purpose of: (a) ensuring orderly use, development and management of land within the zone; the provision of land for building and other purposes; (b) (c) securing suitable provisions for transportation, utilities and services; (d) non-agricultural or pastoral use such as commercial, industrial, residential and recreationnalAUses, including parks, open spaces and reserves; and (e) planning, re-planning or reconstructing the whole or part of the area comprised in the plan.

Section 30Verify source

§ 31(1) The Commission shall, after consultation with the relevantProvision

The Commission must prepare, update, and revise regional land use framework plans, consult the Regional Secretariat, involve stakeholders, and present a draft for discussion and revision.

31.—(1) The Commission shall, after consultation with the relevant Regional Secretariat- (a) within four years of the issue of a notice under section 27 subsection (1), update and, where circumstances require, prepare a regional land use framework plan or plans; and (b) every ten years revise such plan or plans; and (c) in respect of the region for which the plan is made, the rationalization and Commission shall ensure the 158 Prepara tion of the zonal land use plans Prepara tion of regional land use frame work plans No. 6 Land Use Planning 2007 incorporation of such plan into the National Land Use Framework Plan or zonal plans as necessary. (2) The Commission may recommend changes to the regional framework plan, which shall be incorporated in the plan. (3) In the preparation of a regional land use framework plan, the Commission shall- (a) ensure that stakeholders in the region are fully involved in the process; and (b) present a draft of the framework plan at a meeting of all stakeholders in the region for discussion and revision. (4) A regional framework land use plan shall contain any or all of the matters specified in the Second Schedule to this Act, and in particular shall prepare:- (a) a statement of policies and proposals with regard to the allocation of resources for development within the area; (b) such description and analysis of the condition of development iVi the area as may be necessary to explain and justify the statement of policies and proposals; (c) a description of the present and projection of future land uses and development in the area; and (d) such data and other information as the Commission may deem necessary.

Section 31Verify source

§ 32(1) Every district land use planning authority shallProvision

District land use planning authorities must prepare and, when needed, revise district land use framework plans, submit them to the Regional Secretariat, involve stakeholders, and include required section 31 matters.

32.—(1) Every district land use planning authority shall- (a) within three years of the issue of a notice under section 26 (1), prepare a district land use framework plan in respect of the district of which it is established; (b) when the need arise, revise such plan, Prepara tion of District Plans and shall submit such plan to the Regional Secretariat for rationalization and incorporation into the regional land use framework plan proposed under section 31. (2) The Regional Secretariat may recommend changes to the district land use plan which shall be incorporated in the plan before it is approved. 159 No. 6 Land Use Planning 2007 Prepara tion of village plans (3) In the preparation of the district land use framework plan, the district planning authority shall— (a) ensure that all stakeholders in the area are fully involved in the process; and (b) present a draft of the framework plan at a meeting of all stakeholders in the district for discussion and revision. (4) Every district land use plan prepared under this section shall contain provisions dealing with matters provided for in sub-section (4), of section 31 in relation to their respective district.

Section 32Verify source

§ 33(1) Every village land use planning authority shall,within twoProvision

Village land use planning authorities must prepare and submit plans, and related village planning processes must involve stakeholders and follow specified procedures.

33.—(1) Every village land use planning authority shall,within two years of the issuance of a notice under subsection (1) of section 27:- (a) (b) in respect of the village for which it is established, prepare a village land use plan and submit such plan to the district planning authority for rationalization and incorporation into the district land use plan proposed under section 32; and in respect of resources shared with other villages, prepare jointly with other villages planning authorities, a village resource management sector plan and submit such plan to the district planning authority for rationalisation and incorporation into the district land use framework plan proposed under section 32; and where the villages belongs to different districts, shall submit to its respective district, which shall consider them jointly. (2) The district land use planning authority may propose changes to the village land use or resource management sector plan, which shall be incorporated in the plan before it is approved. (3) In the preparation of village land use or resource management sector plans, village planning authorities shall:— (a) determine the time frame with respect to which any particular plan shall be prepared or revised; (b) ensure that all stakeholders in the village are fully involved in the process; and (c) present a draft of the plan at a meeting of all stakeholders in the village or villages concerned for comment, discussion and revision before submission to the District Council for adoption and to the Village Assembly or Assemblies for approval. 160 No. 6 Land Use Planning 2007 (4) Every village land use or resource management sector plan prepared under this section shall:— (a) contain provisions dealing with matters set out in Part A of the third schedule to this Act in relation to their respective village or villages; and (b) be prepared in accordance with procedures set out in Part B of the third schedule to this Act. (5) For the purpose of this section, the village land use shall include plan of minor settlements or trading centres referred to in the sixth schedule to this Act.

Section 33Verify source

§ 34(1) National, zonal, regional and district land use plans shall beProvision

Land use plans must be submitted to the Minister for approval, and the Minister must decide them within 60 days.

34.—(1) National, zonal, regional and district land use plans shall be submitted to the Minister for approval and on receipt thereof, the Minister may approve them either unconditionally or subject to such conditions or modifications as he may consider necessary, or may refuse approval in which case he may require the relevant authority to prepare a new plan for his approval taking into account the proposed modifications or the grounds of his refusal. Approval of national, zonal, regional and dis trict plans (2 ) A ll la n d u se plans prepared in respect of any area of reserved land shall be approved in accordance with the law reserving such land, and in the absence of such law, by the Minister. (3) Any plan submitted to the Minister under subsection (1) or (2) for his approval, shall be approved by him within sixty days from the date the plan is submitted to him. (4) Where the Minister refuses to approve a plan under subsection (3), he shall, in writing and within such period, furnish the relevant planning authority with the reasons for such refusal.

Section 34Verify source

§ 35(1) Village land use plans shall be submitted to VillageProvision

Village land use plans go to Village Assemblies for approval; assemblies may approve them with conditions or modifications, and if they refuse approval they must notify specified local bodies in writing within 14 days.

35.—(1) Village land use plans shall be submitted to Village Assemblies for approval and on receipt thereof may be approved subject to such conditions or modifications as they may consider necessary, provided that resource sector management plans shall be approved by the relevant Village Assemblies meeting in joint session for the purpose. Approval of Village and Resource Sector Plans 161 No. 6 Land Use Planning 2007 (2) Any plan submitted to the Village Assembly under subsection (1) may be approved within ninety days from the date of submission of the plan unless the Assembly refuses such approval. (3) Where the Village Assembly refuses to approve the plan it in writing and within fourteen days, notify the Ward shall, Development Committee and the District Council of such refusal. Publica tion of plans

Section 35Verify source

§ 36The Minister shallProvision

The Minister must publish a notice after approving a plan, and the relevant planning authority must keep published plans and send copies to the Director-General.

36. The Minister shall— (a) within fourteen days after he has approved a plan under + sections 34; and, (b) as soon as a plan has been approved by the Village Assembly under Section 35, where practicable, cause to be published, a notice to the effect that the plan has been approved with or without modification and may be inspected at the places and times specified in the notice during normal working hours. Custody of Plans 3 7 .-(l) All plans approved by the Minister or the Village Assemblies under sections 34 and 35 and published under section 36, shall be kept by the relevant planning authority, and may be inspected by, or availed to the public on request during reasonable hours on payment of such fee as may be prescribed by the Minister. (2) Copies of all plans published under section 36 shall be sent to the Director-General, for custody. Revoca tion or modifi cation of Plans

Section 36Verify source

§ 38(1) Subject toProvision

The Commission may propose revoking or changing an approved plan, must publish the proposal in the Gazette, and must publish the final notice within 60 days after ministerial approval.

38.—(1) Subject to the the provisions Commission may, in such manner as may be prescribed, submit to the Minister proposals for the revocation or modification of an approved plan on any of the following grounds - section, this of (a) (b) (c) (d) that there are practical difficulties in the execution or enforcement of the approved plan; that there has been a change of circumstances including change of use since the plan was approved; that stakeholders, with good reason, demand it; and that subsequent reviews and evaluations require it. * „ . i 162 No. 6 Land Use Planning 2007 (2) The Commission shall, by notice published in the Gazette, publish the proposed revocation or modification of the approved plan, stating the period within which representation or objection to the proposed modification or revocation may be made. (3) Where after the expiration of the period specified in the notice, no representations or objections have been made to the Commission under subsection (2), it shall submit the approved revocation or modification of the proposed plan to the Minister for his approval. (4) Where the Minister has approved the proposed revocation or modification, the Commission shall not later than sixty days after the approval, publish in the Gazette a notice of such revocation or modification made. PART VI S p e c i a l P o w e r s o f P l a n n i n g A u t h o r i t i e s

Section 38Verify source

Part

PART VI

§ 40Demarcation, subdivision and consolidationProvision

Section 40 is titled “Demarcation, subdivision and consolidation.”

40. Demarcation, subdivision and consolidation.

Section 40Verify source

§ 41Re-arrangement and re-adjustment of landProvision

This section concerns the rearrangement and re-adjustment of land.

41. Re-arrangement and re-adjustment of land.

Section 41Verify source

§ 44Issuance of statutory easementsProvision

This section is titled “Issuance of statutory easements.”

44. Issuance of statutory easements. 136 No. 6 Land Use Planning 2007 PART VII C o m p l i a n c e , E n f o r c e m e n t a n d C o -o r d in a t io n

Section 44Verify source

§ 39(1) Where it appears to any planning authority that it isProvision

A planning authority may acquire land for a land use plan, and must do so under the relevant land acquisition laws when agreement cannot be reached.

39.—(1) Where it appears to any planning authority that it is necessary to acquire any land within a planning area or zone for the purposes o f preparing a land use plan and the agreement for the acquisition between the planning authority, the holders and occupiers of such land cannot be reached, the planning authority shall cause to be acquired such land in accordance with the procedures, and subject to the conditions stipulated under the Land Acquisition Act, the Land Act or any other law relating to the compulsory acquisition of land. Acquisi- tion of land for p la n n in g Cap. 118 Cap. 113 (2) Without prejudice to the generality of subsection (1), the power of the planning authority shall extend to the acquisition of land which has not been developed in accordance with the plan applicable thereto and which is necessary to acquire such land in order to secure its efficient development or the proper, orderly and continuous development of a planning area or zone or any part of it or for the development of neighbouring land, and before acquiring any land the planning authority shall ensure itself that the user or occupier of such land has taken no reasonable steps to develop such land in accordance with the provisions of the plan applicable thereto. (3) Without prejudice to the provisions of any other written law relating to the compulsory acquisition of land the- 163 No. 6 Land Use Planning 2007 Demar cation, subdivi sion and consoli dation Cap. 390 (a) purposes for which land may be acquired under the provisions of this Act shall be deemed to be a public land; and (b) planning authority shall exercise the power of acquisition as if it were the authority in which the power of compulsory acquisition is vested under that other law.

Section 39Verify source

§ 40(1) Except upon application made in the prescribed form andProvision

Land adjudication, demarcation, subdivision, or consolidation requires application and prior approval, and the planning authority has notice, objection-response, approval, and refusal functions.

40.—(1) Except upon application made in the prescribed form and prior approval by the relevant planning authority, no land shall be adjudicated, demarcated, subdivided or consolidated in accordance with the requirements of a plan approved in relation to that area or zone under this Act. (2) The demarcation and subdivision plans shall be prepared and submitted for approval in accordance with the provisions of the Land Survey Act. (3) Where in the opinion of a planning authority an application in respect of d e v e lo p m e n t, c h a n g e of use, subdivision, demarcation or consolidation has impact on contiguous land or does not conform to any conditions registered against the certificate of title to the property, the planning authority shall, at the expense of the applicant, publish the notice of the application in the Gazette or in such other manner as it deems expedient, and shall serve copies of the application on every user or occupier of the property adjacent to the land to which the application relates and to such other persons as it may deem fit. (4) Where the planning authority receives an objection or representation in connection with an application made under subsection (1), the authority shall notify the applicant of such objections or representations and shall, before determining the application afford the applicant an opportunity to make representations in response to such objections or representations. At (5) Planning authority may approve with or without such modifications and subject to such other conditions as it may deem fit refuse to approve an application, made under subsection (1). 164 Land Use Planning 2007 (6) Subject to the provision of any other written law relating to the administration of land, no demarcation, sub-division or consolidation of land, shall be effected without regard to the requirements of existing land use plans. Re arran g e m e n t and re adjust ment of land Readjust ment of tenure rights

Section 40Verify source

§ 41Where, it appears to any land use planning authority that it isProvision

A land use planning authority may acquire land to re-arrange a parcel or adjust boundaries when agreement with landholders or occupiers cannot be reached, and the land must then be returned to them after the re-arrangement.

41. Where, it appears to any land use planning authority that it is necessary to re-arrange any parcel o f land in or re-adjust the boundaries of land within any planning area for the purpose of securing its use in the manner provided for in the relevant land use plan, and that, agreement between the planning authority and the landholders or occupiers of such land cannot be reached, the planning authority may acquire such land pursuant to section 40 for purposes of effecting the re-arrangement or re-adjustment, but such land shall, after such re-arrangement or re-adjustment forthwith be reconvened to the landholders or occupiers.

Section 41Verify source

§ 42(1) Where in the process of planning it becomes necessary thatProvision

A planning authority may propose a tenure-rights readjustment scheme if needed in planning, but only with the landholders’ and occupiers’ consent and the land registrar’s approval.

42.—(1) Where in the process of planning it becomes necessary that the tenure rights of landholders and occupies be readjusted, a planning authority may, with the consent of the landholders and occupiers concerned and subject to the approval of the land registrar, propose a scheme of the re-adjustment of tenure rights. \ (2) A tenure rights re-adjustment scheme shall specify the- (a) nature of existing tenure rights held by landholders and occupiers in such area; (b) manner in which those rights are to be readjusted or modified; and (c) extent of compensation claims if any, arising from re-adjustment and how to deal with such claims. (3) Where a consent of the holder and occupier cannot be obtained so as to facilitate re-adjustment, the provisions of section 43 shall mutatis mutandis apply to re-adjustment of tenure rights under this section, as they apply to rearrangement and re-adjustment of land under that section.

Section 42Verify source

§ 43(1) Subject to subsections (2) and (3), any person authorised inOffence

Authorized persons may enter land or premises during working hours, but only after 48 hours’ notice; affected occupiers may claim compensation for damage, and obstructing entry is an offence.

43.—(1) Subject to subsections (2) and (3), any person authorised in writing by the Director-General or a relevant planning authority shall have the right to enter upon any land or premises during the working hours with such persons, vehicles, materials and instruments, to do all Power of entry 165 No. 6 Land Use Planning 2007 such acts, as are necessary for or incidental to the exercise of the powers conferred, or the performance of the duties imposed by this Act. (2) A person shall not have the right to enter any land or premises until after the expiration of forty eight hours after a notice of entry has been served on the holder or occupier of such hnd or p r e m i s e s . (3) The holder or occupier of any land or premises affected by the exercise of a right of entry under subsection (1), shall be entitled to compensation for any damage caused by the person entering upon the land or premises, provided that nothing done by any person duly authorised in the bona fide execution or purported execution of his functions under this section shall make such person personally liable for any claim arising in respeci thereof (4) Any person who hinders or obstructs an authorised person in the exercise of any of the powers conferred by s u b s e c tio n (1), commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Issuance of statu tory easement

Section 43Verify source

§ 44(1) A planning authority may apply to the Tribunal for theProvision

A planning authority may ask the Tribunal for a statutory easement if it would help planning activities in an area or zone.

44.- -(1) A planning authority may apply to the Tribunal for the issuance of a statutory easement if this would enhance itc planning activities in any area or zone. (2) The grant of a statutory easement shall specify the- (a) nature of the easement; (b) (c) land to be benefited or burdened; and rights and obligations of parties. (3) An easement may be imposed on, and shall be attached to the burdened land in perpetuity or for a specified period of time or for an equivalent interest under customary law as the Tribunal may determine. 166 No. 6 Land Use Planning 2007 PART VII C o m p l i a n c e , E n f o r c e m e n t a n d C o -o r d in a t io n

Section 44Verify source

Part

PART VII

§ 49Failure to comply with enforcement noticeProvision

This section concerns failure to comply with an enforcement notice.

49. Failure to comply with enforcement notice.

Section 49Verify source

§ 53Issuance and content of land restoration ordersProvision

This section is about the issuance and content of land restoration orders.

53. Issuance and content of land restoration orders.

Section 53Verify source

§ 55Reconsideration of land restoration ordersProvision

This section concerns reconsideration of land restoration orders.

55. Reconsideration of land restoration orders.

Section 55Verify source

§ 56Issuance of land restoration order by TribunalProvision

This section concerns the Tribunal’s issuance of a land restoration order.

56. Issuance of land restoration order by Tribunal.

Section 56Verify source

§ 57Monitoring and evaluation of land useProvision

This section is titled “Monitoring and evaluation of land use.”

57. Monitoring and evaluation of land use.

Section 57Verify source

§ 58Appeals to the Tribunal or High CourtProvision

This section is titled “Appeals to the Tribunal or High Court.”

58. Appeals to the Tribunal or High Court.

Section 58Verify source

§ 59Decision of High Court and TribunalsProvision

This section is about decisions of the High Court and tribunals.

59. Decision of High Court and Tribunals.

Section 59Verify source

§ 60Further appealsOffence

This section is titled “Further appeals” and appears in Part VIII on offences and penalties.

60. Further appeals. PART VIII O f f e n c e s a n d P e n a l t ie s

Section 60Verify source

§ 45(1) An approved plan published under section 38 shall apply toProvision

Approved plans published under section 38 apply to the area or zone they cover, and persons, agencies, and the relevant planning authority must comply with the plan’s requirements.

45.—(1) An approved plan published under section 38 shall apply to the area or zone to which it relates, whether or not it is embodied in a local government authority by-law, and every person, agency or the relevant planning authority shall comply with the requirements of the approved plan. Status and Enforce ment of plans (2) Upon approval of plan and, unless the planning authority otherwise determines, no development shall take place on land unless it is in conformity with the approved plan. Control of land use

Section 45Verify source

§ 46Section 46Commencement

Every planning authority has power to control land use and subdivision, enforce approved plans, make by-laws, protect designated open land, and require land users to submit approved statements before starting development.

46. Notwithstanding the provisions of any other written law, every planning authority shall have the power to - (a) control or restrict particular uses of land if this is in the interest of proper and orderly development of the planning area or zone; (b) control or restrict the subdivision of land or existing parcels into smaller areas; (c) ensure the proper execution and implementation of approved plans; (d) make by-laws to regulate existence and density of (e) (f) development in the planning area; reserve and maintain all the land planned for open spaces, parks, wetlands, urban forests and green belts' in accordance with the approved plan; and subject to any relevant law, require all land users to submit statements approved by a environmental competent national authority in respect of, and before the commencement of any development carried out in a planning area or zone. impact

Section 46Verify source

§ 47(1) Any landholder or occupier of land shall take all stepsProvision

Landholders or occupiers must take all necessary steps to ensure voluntary compliance with relevant approved plans for activities on their land.

47.—(1) Any landholder or occupier of land shall take all steps necessary to ensure voluntary compliance with the aspects of an approved plan that are relevant to activities carried out on the land he holds or occupies. Voluntary Compli ance 167 34 No. 6 Land Use Planning 2007 (2) The Minister may, in consultation with a relevant minister, establish a scheme to be administered by planning authorities for the facilitation of voluntary compliance under this section. (3) The scheme established under sub-section (2), may include: the provision of tax incentives; the provision of financial support for capital development; (a) (b) (c) assistance with infrastructural support; and (d) extension services. (4) Where a scheme is established in accordance with this section, it shall be the responsibility of planning authorities to design mechanisms for the proper administration of such a scheme in their various areas of jurisdiction. Issues of enforce ment notices

Section 47Verify source

§ 48{l) Where it comes to the notice of a planning authority that theCommencement

A planning authority may issue an enforcement notice when land development is being done after commencement of the Act and is not in line with the land use plan.

48.-{l) Where it comes to the notice of a planning authority that the development of land has been, or is being carried out after the commencement of this Act, otherwise than in accordance with the applicable land use plan, the planning authority may serve an enforcement notice on the owner, occupier or developer of that land. (2) An enforcement notice shall specify the- (a) development alleged to have been carried out in a manner contrary to the provisions of the plan; (b) conditions of development required by the plan that have been contravened and such measures as are required to be taken within the period specified in such notice to restore the land to its original condition before the development took place; or for securing compliance with those conditions as the case may be; and (c) demolition or alteration of any building or works, the discontinuance of any use of land or the construction of any building or the carrying out of any other activities. • (3) Unless an appeal has been lodged under section 53, an such enforcement notice shall take effect after the expiration of period as may be specified in the notice. 168 2007 Failure to comply with enforce ment notice No. 6 Land Use Planning

Section 48Verify source

§ 49(1) Where, within the period specified in the enforcementOffence

If required measures are not taken in time, the authority may enter the land, do the work, and recover its reasonable costs. Removed material must be claimed within 30 days or it may be sold. Interfering with the authority is an offence.

49.—(1) Where, within the period specified in the enforcement notice or within such further period as the authority may determine, any measures required to be taken, other than discontinuation of any use of land, have not been taken, the authority may enter the land and take those measures and may, without prejudice to any penalties that may be imposed or any other action that may be taken under this Act, recover from the person on whom the enforcement order is served, any expenses reasonably incurred by it in connection with the taking of the measures. (2) Where pursuant to a measure taken, no person has lodged an appeal under section 53, that person shall not be entitled to question the validity of any action taken in this section, upon any grounds that could have been raised in such appeal. (3) Where an authority has taken action under section 51 and this section, any material removed by it from the land in pursuance of such action shall, unless the owner claims and removes such material within thirty days, be sold and the proceeds, after deduction of any expenses reasonably incurred by the authority in connection with such action and sale, be paid to the owner. (4) Any person who obstructs, or otherwise interferes with an authority in the execution of its functions under section 51 and this section, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 49Verify source

§ 50(1) The Director-General shall have power to appoint anOffence

The Director-General may appoint an authorized officer or inspector to prosecute offences, subject to the Director of Public Prosecutions’ consent.

50.—(1) The Director-General shall have power to appoint an authorized officer or an inspector who may, subject to the consent of the Director of Public Prosecutions, conduct prosecution for any offence under this Act or regulations made under this Act and shall, for that purpose have all the powers conferred upon a public prosecutor by the Criminal Procedure Act. Power to prose cute Cap. 20 (2) An authorized officer or inspector appointed under subsection (1), shall be a legally qualified person. 169 No. 6 Enforce ment powers of the Minister Appeals against enforce ment Issues and content of land restora tion order Land Use Planning 2007

Section 50Verify source

§ 51Where the Minister has received an inspection report and if heProvision

If the Minister has received an inspection report and is satisfied the planning authority has not done what is needed, the Minister may direct the authority in writing to take appropriate action.

51. Where the Minister has received an inspection report and if he is satisfied that the relevant planning authority has failed to do so, may in writing, direct the planning authority to take such action as he considers appropriate in order to ensure that the provisions of sections 50 and 51 are complied without delay on the part of any person.

Section 51Verify source

§ 52(1) Any person who is aggrieved by the service of anProvision

A person aggrieved by service of an enforcement notice may appeal to a Tribunal within the stated period, and any development on land covered by a served enforcement order must stop.

52.—(1) Any person who is aggrieved by the service of an enforcement notice under section 50 may, within the period specified therein, appeal to a Tribunal under section 60. (2) Any development affecting any land to which an enforcement order has been served shall be discontinued and execution of the enforcement notice stayed pending determination of appeal.

Section 52Verify source

§ 53(1)Offence

A planning authority may issue and serve a land restoration order, and the order must set out key details including the required remedial action, timing, penalties, and appeal rights.

53.—(1) Subject to the provisions of this Act, a planning authority may issue and serve on any person a land restoration order in respect of any matter relating to the management or use of land. (2) A land restoration order shall specify clearly in a manner which may be easily understood- (a) (b) (c) (d) (e) (f) (g) the activity to which it relates; the person to whom it is addressed; the time it shall come into effect; the action which shall be taken to remedy the harm to the la n d a n d th e tim e , b e in g n o t m o re Uian th irty d a y s o r su c h further period as may be prescribed in the order, within which the action shall be taken; the powers of the planning authority to enter any land and undertake the action specified in paragraph (d); the penalty which may be imposed if the action specified in paragraph (d) is not undertaken; and the right of the person served with the order to appeal to the Tribunal against the order. Jt (3) A land restoration order may contain such terms and conditions, and impose such obligations on the persons to whom it is served as will, in the opinion of the planning authority, enable the order to achieve all or any of the purposes provided for in section 50. 170 2007 Effects of land restora tion Order No. 6 Land Use Planning

Section 53Verify source

§ 54(1) A land restoration order issued under section 54 or 57 mayCommencement

A land restoration order can require the served person to restore land, stop harmful activity, pay compensation or restoration costs, and comply with the order’s terms.

54.—(1) A land restoration order issued under section 54 or 57 may - (a) require the person to whom it is served to restore the land as near as it may be to the state in which it was, before the taking of the action which is the subject of the order; (b) prevent the person to whom it is served from taking any action which would or is reasonably likely to cause harm to the land; (d) (c) award compensation to be paid by the person to whom it is served to other persons whose land or livelihood has been harmed by the action which is the subject of the order; and levy a charge on the person to whom it is served which in the opinion of the planning authority represents a reasonable estimate of the costs of any action taken by an authorised person or organisation to restore the land to the state in which it was before the taking of the action which is the subject of the order. (2) Without prejudice to the generality of subsection (1), a land restoration order may require a person to whom it is served to - (a) take such action as shall prevent the commencement or continuation of any activity that may cause pollution; (b) cease or take any action which is causing or may (c) contribute to the causing of pollution; remove or alleviate any injury to land, the environment or to the amenities of the area; (d) restore land, including replacement of soil, the replanting of trees and other flora; and the restoration as far as may be possible of outstanding geographical, archaeological or historical features of the land or the area contiguous to the land as may be specified in the particular order; (e) prevent damage to the land, aquifers beneath the land and flora and fauna in, on or under or about the land or the environment contiguous to the land specified in the order; remove any waste or refuse deposited on the land specified in the order and dispose of the same in accordance with the provisions of the order; and (f) (g) pay any compensation specified in the order. No. 6 Land Use Planning 2007 (3) In exercising its powers under this section, the planning authority shall— (a) be guided by the principles of good land use in accordance with the provisions of this Act; (b) explain the right of appeal of the persons against whom the order is issued to a Tribunal or if dissatisfied with the decision of a Tribunal, to the High Court; and (c) seek and take into account any technical, professional and scientific advice which it considers necessary for a satisfactory decision to be made on a land restoration order. (4) The land use planning authority may inspect or cause to be inspected any activity to determine whether that activity is harmful to the land and may take into account the evidence obtained from that inspection in any decision on whether or not to serve a land restoration order. (5) It shall not be necessary for a land use planning authority or its officers in exercising powers under subsection (4), to give any person conducting or involved in the activity which is the subject of the inspection, or who is residing or working on or developing land on which the activity which is the subject to the inspection is taking place, an opportunity of being heard by or making representation to the person conducting the inspection. (6) A person served with a land restoration order shall, subject to the provisions of this Act, comply with all the terms and conditions or the order that has been served on him.

Section 54Verify source

§ 55A person upon whom a land restoration order has been servedProvision

A person served with a land restoration order may ask the planning authority to reconsider it in writing within 21 days.

55.-A person upon whom a land restoration order has been served may, within twenty-one days after the restoration service of the order, in writing request the planning authority to reconsider that order. 172 Recon side ration of land restora tion order Issues of land restora tion order by Tribunal No. 6 Land Use Planning

Section 55Verify source

§ 56(1) Without prejudice to the powers of a planning authority,Commencement

The Tribunal may issue a land restoration order in proceedings before it against a person who has harmed, is harming, or is likely to harm land.

56.—(1) Without prejudice to the powers of a planning authority, the Tribunal may in proceedings commenced before it, issue a land restoration order against a person who has harmed, is harming or is reasonably likely to harm the land. (2) For the avoidance of doubt, it shall not be necessary for a complainant under this section to show that he has a right or interest in the property, environment or land alleged to have been or is likely to be harmed. 2007 Monitor- ing and evalua tion of land use

Section 56Verify source

§ 57(1) The Commission shall, in consultation with the relevantProvision

The Commission must monitor and evaluate land use and environmental changes, and an appointed officer may enter land or premises to monitor effects of activities there.

57.—(1) The Commission shall, in consultation with the relevant land use planning authorities and lead agencies, monitor and evaluate: (a) all land use and environmental phenomena with a view to making assessment of any possible change in the environment and the possible impacts; and the operation of any industry, project or activity with a view to determining its immediate and long term effects on the land. (b) Appeals to Tribunals or High Court (2) An officer appointed under this Act may enter upon any land or premises for the purpose of monitoring the effect upon the land of any activities carried out on that land or premises. <us 41 '■ . +

Section 57Verify source

§ 58{1) An individual or group of persons aggrieved by theProvision

People aggrieved by listed land-use planning decisions may appeal to the Tribunal or High Court, and some appeals must be lodged with a specific forum depending on the type of plan.

58.—{1) An individual or group of persons aggrieved by the- (a) (b) (c) terms of an approved land use plan under this Act; imposition of any condition, limitation or restriction in a land use plan under this Act; revocation, suspension or variation of land use plan under this Act; (d) assessment of the amount of compensation to be paid in respect of any acquisition of land or interest therein under this Act; (e) amount of money required to be paid as a fee under this Act; imposition of an enforcement order, (f) may appeal to the Tribunal having jurisdiction over land matters within the planning area or to the High Court. (2) Notwithstanding the generality of subsection (1), appeals under this section shall, in the case of matters arising from- 173 40 No. 6 Land Use Planning 2007 (a) village land use plan, be lodged with the Village Land Council; (b) district land use plans, be lodged with the District Land (c) and Housing Tribunal; and regional, zonal and national land use plans, be lodged with the High Court (Land Division). (3) Unless otherwise expressly provided in this Act, where this Act empowers the Director-General, the Commission or planning authorities to make decisions, such decisions may be subject to an appeal to the Tribunal or to the High Court in accordance with such procedures as may be established for that purpose. Decision of High Court and Tribunals

Section 58Verify source

§ 59(1) Upon any appeal, the Tribunal or the High'Court m ayProvision

On appeal, the Tribunal or High Court may confirm, set aside, vary, or make other just orders, and the status quo must be maintained until the appeal is decided.

59.—(1) Upon any appeal, the Tribunal or the High'Court m ay- (a) confirm, set aside or vary the order or decision; (b) exercise any of the powers which could have been exercised by the authorities in the proceedings in connection with which the appeal is brought; and (c) make such other order, including an order for costs, as it may deem just. (2) Upon any appeal to the Tribunal or the High Courts the status quo of any matter or activity, which is the subject of appeal, shall be maintained until the appeal is determined. (3) Notwithstanding the provisions of subsection (3) of section 59, where the Director-General is satisfied that immediate action is required to avert serious injury to the land or environment he may take such reasonable action to stop, alleviate or reduce such injury, including closing down any undertaking, until the appeal is finalised or the time for appeal has expired. Further appeals

Section 59Verify source

§ 60(1) Any person who is aggrieved by a decision or order of aCommencement

An aggrieved person may appeal a tribunal decision within 30 days, depending on which body made the decision.

60.—(1) Any person who is aggrieved by a decision or order of a Tribunal may, within thirty days of such decision or order- (a) (b) in the case of a decision or order of the Village Land Council, appeal to the Ward Tribunal; in the case of a decision or order of the Ward, or Land and Housing Tribunal, appeal to the High Court (Land Division); and 174 No. 6 Land Use Planning 2007 (c) in the case of a decision or order of the High Court (Land Division) appeal to the Court of Appeal. (2) No decision or order of a Tribunal or Court shall be enforced until the time for lodging an appeal under this section has expired or, where the appeal has been commenced, until the appeal has been determined. (3) Upon the hearing of an appeal under this section, a Tribunal or the Court may confirm, set aside or vary the decision or the order. PART VIII O f f e n c e s a n d P e n a l t ie s

Section 60Verify source

Part

PART VIII

§ 62General penaltyOffence

This provision is titled “General penalty.”

62. General penalty. PART IX M i s c e l l a n e o u s P r o v is io n s

Section 62Verify source

§ 61(1) Any person whoOffence

A person who breaches an approved land use plan, otherwise contravenes the Act, or ignores a land restoration order or statutory easement commits an offence and may be fined or imprisoned.

61.—(1) Any person who- Offences (a) violates the terms and conditions of an approved, land use plan; or (b) otherwise contravenes the provisions of this Act, commits an offence and shall on conviction be liable to a fine not exceeding two million shillings or imprisonment for a term of three years or to both. (2) In addition to any penalty that the Court may impose under subsection (1), the Court may direct that person to- (a) comply with the terms and conditions of the plan which he has violated; and (b) restore to its original state any land which has been damaged as a result of such violation. (3) Without prejudice to the provisions of subsections (1) and (2), the Court may direct the offender to meet the cost incurred by any third parties as a result of such violation through adequate compensation, restoration or restitution. (4) Any person who- (a) fails, neglects or refuses to comply with any land restoration order, made under this Act; (b) fails, neglects or refuses to comply with a statutory easement, issued under this Act, commits an offence and shall on conviction be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both. 175 No. 6 G en e ra l penalty Land Use Planning 2007

Section 61Verify source

§ 62Any person who commits an offence under this Act orOffence

A person convicted of an offence under the Act or regulations, where no other penalty is provided, may be fined up to 100,000 shillings, imprisoned for up to one year, or both.

62. Any person who commits an offence under this Act or regulations made hereunder for which no other penalty is specifically provided, shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year or to both. PART IX M is c e l l a n e o u s P r o v is i o n s R e g u la tions

Section 62Verify source

Part

PART IX

§ 66Savings and transitional provisionsProvision

Savings and transitional provisions.

66. Savings and transitional provisions.

Section 66Verify source

§ 67Amendment of SchedulesRepeal

This provision is titled “Amendment of Schedules.”

67. Amendment of Schedules. SCHEDULES ------- <•/ No. 6 Land Use Planning 2007 No. 6 o f 2007 I A s s e n t , Jakaya Mrisho Kikwete President 11th June, 2007 An Act to provide for procedures for the preparation, administration and enforcement of land use plans; to repeal the National Land Use Planning Commission Act and to provide for related matters. EN A C TED by Parliament of the United Republic of Tanzania. P A R T 1 P r e l im i n a r y R p o v i s i o n s

Section 67Verify source

§ 63(1) The Minister may, make regulations prescribing mattersRepeal

The Minister may make regulations to carry out this Act and prescribe approvals, fees, forms, procedures, land securing methods, waste standards, and notice/order forms.

63.-(1) The Minister may, make regulations prescribing matters that are required or permitted by this Act to be prescribed for giving full effect to the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations prescribing- issuance, amendment and revocation of any approval; the charging of fees and levying of charges; (a) (b) (c) adoption in whole or in part or with modifications, any rules, standards, guidelines, regulations, by-laws, codes, instructions, specifications, or administrative procedures prescribed by any agency either in force at the time of prescription or publication; (d) forms to be used under this Act; (e) procedures followed planning the by be to authorities in the discharge of their duties under this Act; (f) manners in which land may be secured by a planning authority for the purposes of this Act; (g) establishment of standards for the discharge of waste on any land; and (h) form of any orders and notices to be issued under this Act. Access to records Repeals Cap. 116

Section 63Verify source

§ 64Section 64Provision

The Director-General or a planning authority may request production of, and make extracts from, certain registers, records, deeds, or instruments related to land or property affected by a plan.

64. The Director-General or a planning authority may request for the production of, and make extracts from all registers, records, deeds or instruments belonging to, or in the custody or possession of any public officer or any person and in which are contained particulars of any land or property affected by a plan.

Section 64Verify source

§ 65The National Land Use Planning Commission Act, is herebyRepeal

This section repeals the National Land Use Planning Commission Act.

65. The National Land Use Planning Commission Act, is hereby repealed. 176 No. 6 Land Use Planning 2007 43

Section 65Verify source

§ 66(1) Any approval for development granted under any buildingCommencement

This section converts certain pre-commencement development approvals and pending land development applications into permissions under the Act, transfers land use planning functions to the new planning authorities, and preserves service for certain staff from the repealed regime.

66.—(1) Any approval for development granted under any building by-laws, given under the provisions of any written law, in force immediately prior to the commencement of this Act, shall be deemed to be development permission granted under this Act; provided that such approval shall cease to have effect unless the development in respect of which approval was given has been commenced within twenty four months prior to the commencement of this Act. S a v in g s and transi tional provi sions (2) The land use planning functions previously exercised by various authorities under existing or repealed legislations shall stand transferred to the various planning authorities created under this Act. (3) An application for permission to develop land made to the Commissioner of Lands, any local authority or other planning authority before the commencement of this Act, being an application that has not been determined before such commencement shall, for the purpose of this Act, be deemed to be an application for development permission under this Act. i (4) Persons appointed to the service of any agency under the repealed Act, shall without loss of benefits, retain their service on the staff of agencies of similar jurisdiction established under this Act.

Section 66Verify source

§ 67Section 67Amendment

The Minister may amend or revoke the Schedules to this Act, and the Chairman has duties and powers about convening and presiding over Commission meetings.

67. The Minister may amend or revoke the Schedules to this Act. Amend ment of Schedules FIRST SCHEDULE (Made under section 6 (3)) P r o c e d in g s o f t h e C o m m is s io n l . —< l) T h e C h a irm a n shall convene an ordinary meeting of the board whenever he deems it necessary or expedient, but not less frequently than once in every year for the transaction of the Commission's business and shall appoint a suitable time, place and date for holding the meeting. Meetings of the Board (2) The Chairman may at any time on his own initiative convene a special meeting of the Commission or shall convene a special meeting of the Commission within twenty days after he has received a written request to do so signed by not less than four members of the Commission. 177 44 No. 6 Land Use Planning 2007 Quorum at meet ings of the Board (3) The Chairman, or when absent, the Vice-Chairman shall preside at the meetings of the Commission and in the absence of both the Chairman and Vice-Chairman the members present at the meeting shall elect one of the members to‘ be chairman of the meeting.

Section 67Verify source

Part

SCHEDULES

§ 1(l) This Act may be cited as the Land Use Planning Act, 2007Short title

This provision gives the Act its short title and says it starts on a date the Minister appoints by Gazette notice.

1 .-(l) This Act may be cited as the Land Use Planning Act, 2007. (2) This Act shall come into operation on the date which the Minister may, by notice published in the Gazette, appoint.

Section 1Verify source

§ 2Section 2Short title

This section defines key terms used in the Act, including land use planning terms, offices, areas, and types of land.

2. In this Act, unless the context otherwise requires- “Act” means the Land Use Planning Act, 2007; “Chairman” means the Chairman of the National Land use Planning Commission appointed in accordance with section 6 of this Act; “Commission” means the National Land Use Planning Commission established under section 6; “Court” means the courts established under the Land Act, and the Village Land Act; “development” means the carrying out of any physical or construction Short title and comme ncement Interpre tation Caps 113 and 114 No. 6 Land Use Planning 2007 Cap. 287 Cap. 113 Cap 113 and 114 Caps. 287 and 288 work in, on, under or over any land, the subdivision or laying out of land, or the making of any change in the use of land, and the expression; u “develop” is to be construed accordingly; “Director General” means the Director-General appointed under section 10 of this Act; “district” has the meaning ascribed to it under the Local Government (District Authorities) Act, and the expression; “district land use planning” shall be construed accordingly; “land” has the meaning assigned to it under the Land Act; “landholder” means a holder of a right of occupancy or customary right issued or recognized under any law relating to the acquisition of land rights in Tanzania under the Land Act, and the Village Land Act; “land use” means the purpose for which any parcel of or structure erected on land, or part of it is or is intended to be used, or occupied; “land use plan” means any plan prepared or adopted by a planning authority under this Act; “land use planning” means the procedures and processes in accordance with which land use in a planning area or zone are prescribed, managed, monitored and evaluated under this Act; “lead agency” means all government departments responsible for various aspects relating to land use or environmental planning, whether or not comprised in the Ministry for the time being responsible for land use planning matters; “local government authority” has the meaning ascribed to it under the Local Govemment(District Authorities) Act, and the Local Government (Urban Authorities) Act; “Minister” means the Minister responsible for land use planning; “planning area” means an area declared to be a planning area in accordance with section 25; “planning authorities” means planning authorities prescribed under section 18 of this Act; “Regional secretariat” has the meaning as ascribed in the Regional Administration Act; “reserved land” means lands classified as such under section 6 of the Land Act; “resource management sector plan” means a land use plan prepared in 140 No. 6 Land Use Planning 2007 7 respect of a specific land use sector or land use activity and includes plans for river basins and sensitive ecological zones; “Tribunal” has the meaning ascribed to it under the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003; “urban area” has the meaning a scribed to it by the Land Act; “urban authority” has a meaning ascribed to it under the Local Government (Urban Authorities) Act; “urban land” means land within the boundaries of an urban authority; “village” means a village registered under the local Government Act No. 2 o f 2003 Cap.288 Cap.288 Cap. 287 (District Authorities) Act; “zonal for planning purposes” means an area larger than an adminis trative region encompassing two or more regions. P A R T II P o l i c y F r a m e w o r k Funda mental princi ples of land use

Section 2Verify source

§ 3With a view to giving effect to fundamental principles ofProvision

People and authorities using this Act for land use planning must consider the stated land-use objectives and policy principles.

3. With a view to giving effect to fundamental principles of National Land Policy and the Human Settlements Development Policy which all persons and authorities exercising powers under, applying or interpreting this Act through land use planning shall have regard to the need to- (a) make serviced land available for shelter and human settlements development in general to all sections of community including women, youth, the elderly, disabled, disadvantaged and pastoralist; improve the level of the provision of infrastructure and social services for sustainable human settlements development; facilitate the creation of employment opportunities and eradication of poverty; (b) (c) (d) promote a balanced development of a clearly defined hierarchy of settlements in promoting human settlements development; (e) promote and include the participation of the private and sectors, Community Based Organisations, and popular Non-Governmental Organisations, communities in land use planning; co-operatives (f) protect the environment o f human settlements and of ecosystems from pollution, degradation and destruction in order to attain sustainable development; 141 No. 6 Land Use Planning 2007 (g) promote the building of capacities in training and retraining of professionals in fields related to land use planning; (h) promote capacity building such as technical, financial and managerial, of all actors involved in land use planning; and (i) ensure planning legislation, building regulations, standards and other controls which are consistent with the capabilities, needs and aspirations of the various sections o f the population. Land use planning objec tives

Section 3Verify source

§ 4The objectives of land use planning to which all persons andProvision

People and authorities using, applying, or interpreting the Act must do so in line with the land use planning objectives listed here.

4. The objectives of land use planning to which all persons and authorities exercising powers under, applying or interpreting this Act shall be to: (a) facilitate efficient and orderly management of land use; (b) empower landholders and users to make better and more pro ductive use of their land; (f) (c) promote sustainable land use practices; (d) ensure security and equity in access to land resources; (e) facilitate the establishment of a framework for the prevention of land use conflicts; facilitate overall macro-level planning while taking into account regional and sectoral considerations; (g) provide for inter-sectoral co-ordination at all levels; (h) ensure the use of political and administrative structures and resources available at national, regional, district and village levels; and (i) provide a framework for the incorporation of such relevant principles contained in national and structural development policies as may be defined by the Government. P A R T III A d m in is t r a t io n (a) Minister Respon sibilities of the Minister

Section 4Verify source

§ 5(l) It shall be the responsibility of the Minister to ensure that theProvision

The Minister must ensure land use plans incorporate the Act’s principles and objectives, and must review and direct incorporation of existing policies into those plans.

5 .-(l) It shall be the responsibility of the Minister to ensure that the principles and objectives provided for in sections 3 and 4 herein are incorporated as necessary into general, framework or detailed land use plans at all levels of the planning process. (2) Notwithstanding the generality of sub-section (1), the Minister shall ensure- 142 No. 6 Land Use Planning 2007 9 (a) review of existing land use and development policies and direct their incorporation into land use plans prepared in accordance with this Act; (b) evaluation of existing and proposed land use, development policies and the activities of the Government with a view to ensuring the proper management and use of land; and for development of land, take adequate account of their effect on land use. (c) . such Government policies including those Establish ment of the National Land Use Planning Commis sion (b) National Land Use Planning Commission

Section 5Verify source

§ 6{l) There is hereby established a Commission to be known asProvision

This provision establishes the National Land Use Planning Commission and sets out how it is staffed.

6.-{l) There is hereby established a Commission to be known as the National Land Use Planning Commission which shall consist of- (a) a Chairman to be appointed by the President; (b) not less than five and not more than ten members appoint ed by the Minister from amongst the following public, private and popular sectors; (i) (ii) (iii) (iv) (v) lands and human settlements development; agriculture and livestock; economic planning and development; energy or mining; environment; finance; health; industry or trade; law or law enforcement; local government; natural resources, fisheries or tourism; water resources; Non-Government Organisations and Community Based Organisations; and (tf) (vii) (viii) (ix) (x) (xi) (xii) (xiii) j i (c) a Director-General, who shall be an ex-officio member r and the Secretary. (2) In appointing the members of the Commission under subsection (l)(b), the Minister shall ensure, that at least three of members are women. (3) The meeting for transaction of the business of the Commission shall be as stipulated in the First Schedule to this Act. 143 10 No. 6 Land Use Planning 2007 Functions of the Commis sion (4) The Commission shall be a body corporate and shall- (a) have perpetual succession and a common Seal; (b) in its corporate name be capable of suing and being sued; and (c) be capable of performing such other functions as a body corporate may perform.

Section 6Verify source

§ 7{l) The functions of the Commission shall be toProvision

The Commission must carry out a wide range of land use planning functions, and the Minister may make regulations to help the Commission perform those functions.

7.-{l) The functions of the Commission shall be to - (a) Coordinate, advice and inspect all sectors on collective standards and to advice the Minister to make the agreed standards; (b) provide assistance to all land use planning authorities and prepare land use plans, monitor their implementation and, from time to time, evaluate them; (c) co-ordinate the activities of all bodies concerned with land use planning matters and serve as a channel of communication between such institutions and the Government; (d) design and disseminate programs that will effectively protect and enhance the quality of land and better land use planning; (e) stimulate public and private participation in activities related to land use planning for rational and beneficial use of land; foster co-operation between the Government, local government authorities and other institutions engaged in land use planning; (f) (g) promote the advancement of scientific knowledge in land use matters and encourage the development of technology directed at the prevention or reduction of adverse effects on land; (h) specify standards, norms and criteria for the protection of beneficial uses and the maintenance of the quality of land; (i) undertake and co-ordinate research, investigation and surveys relating to land use planning and collect, collate and create a national data bank to disseminate information about the findings of such research, investigation or survey; (j) establish and operate a system of documentation and dissemination of information relating to land use planning; 144 No. 6 Land Use Planning 2007 a. (k) in consultation with any sector Ministries, examine existing laws and advise the Government on legislative and other measures for the management of land use planning and recommend their implementation; (1) establish and maintain liaison with other countries and international organisations, with respect to issues and matters relating to land use planning; (m) undertake, in co-operation with relevant agencies, programmes intended to enhance land use planning education, and public awareness about the need for sound land management and for enlisting public support and encouraging the effort made by other entities in that regard; (n) undertake and promote educational programmes in land use planning for the purpose of educating the public on proper land use planning and the role of the public in its protection, use and improvement; (o) ensure compliance with the approved land use plans; and (p) perform such other functions as may be assigned to it under this Act. (2 ) The Minister m a y m a k e regulations for the better performance of the functions of the Commission.

Section 7Verify source

§ 8Section 8Provision

The Commission must use its powers to ensure compliance with its directives and may take measures, including filing court suits.

8. The Commission shall exercise all necessary powers required to bring about compliance with any directive issued by it and may, in that respect, take or cause to be taken measures including filing suits in courts of law. •I* i Powers of the Commis sion to ensure compli ance

Section 8Verify source

§ 9(l) No member, employee or staff of the Commission, agent orProvision

People connected to the Commission must not take part in or influence decisions on matters where they have an interest, and they must declare that interest before participating.

9 .-(l) No member, employee or staff of the Commission, agent or any person having any contractual relationship with the Commission shall participate or influence in making a decision on any matter to which he has an interest. Conflict of interest (2) Any person referred to under subsection (1) shall, before participating in making a decision on any matter, declare an interest involved. 145 No. 6 The Director General of the Commis sion Duties of the Director General Land Use Planning 2007

Section 9Verify source

§ 10(1) There shall beProvision

The President appoints the Commission’s Director-General, and the Commission may appoint other officers and staff. The Director-General must meet stated education, experience, and local-government knowledge requirements, and appointments are subject to public service terms and conditions set by the relevant appointing authority.

10.—(1) There shall be- (a) a Director-General of the Commission to be appointed by the President; and (b) such other officers and staff as the Commission may appoint for the proper discharge of its functions under this Act. (2) A person to be appointed to the position of Director-General shall be a person who holds at least a post graduate degree from a recognized higher learning institution and has at least working experience in either of the following fields: (a) urban and rural planning; (b) (c) environmental science; or (d) natural resource management; law; (3) Notwithstanding the provision of sub-clause (2) the Director General shall also be knowledgeable on local government matters. (4) The appointment under subsection (1), shall be on such terms and conditions of public service as may be determined by the relevant appointing authority.

Section 10Verify source

§ 11(1) The duties of the Director-General shall beProvision

The Director-General must advise the Commission on land use planning matters and manage the Commission’s day-to-day affairs, funds, and property.

11.—(1) The duties of the Director-General shall be- (a) to advise the Commission on all matters relating to land use planning; (b) be the Chief Executive of the Commission and shall, subject to this Act, be responsible for the day to day management of the affairs of the Commission; to initiate, undertake or direct studies and research into matters concerning land use planning; (c) (d) manage the funds and property of the Commission; and to perform any other functions as may be conferred (e) upon him by this Act. (2) The Director-General may delegate any of his functions under this Act, either generally or specifically, to any officer appointed under this Act and, may at any time revoke or vary such delegation, provided that no such delegation shall be deemed to have divested the Director-General of all or any of his duties, and he may, if he thinks fit, perform such functions notwithstanding that he had delegated them. 146 No. 6 Land Use Planning

Section 11Verify source

§ 12The Director-General, and officers appointed under this ActProvision

The Director-General and appointed officers are protected from actions or proceedings for acts or omissions done in good faith and without negligence while exercising their Act-based functions.

12. The Director-General, and officers appointed under this Act shall not be subject to any action or other proceeding for, or in respect of any act done, or omitted to be done without negligence and in good faith, in the exercise or purported exercise of any of the functions conferred by or under this Act, by any person for any injury to him, his property or any interests caused by the exercise of the powers conferred on the Commission by this Act.

Section 12Verify source

§ 13Section 12 shall not relieve the Commission of the liability toProvision

The Commission remains liable to pay compensation or damages for injuries caused by exercising its statutory powers.

13. Section 12 shall not relieve the Commission of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Commission by this Act or by any other written law. PART IV F i n a n c i a l P r o v is io n s

Section 13Verify source

Part

Schedules

§ 2The Commission shall elect one of its members to be a Vice-Chairman and anyProvision

The Commission must elect one of its members as Vice-Chairman.

2. The Commission shall elect one of its members to be a Vice-Chairman and any member elected to be Vice-Chairman shall, subject to his continuing to be a member, hold office for a period of one year and shall be eligible for re-election.

Section 2Verify source

§ 3{l) A simple majority of the members of the Commission shall constitute aProvision

The Commission can act only by resolution at a meeting with a quorum, usually a simple majority of members. The Chairman has a casting vote on ties, decisions may sometimes be made by circulation, and proceedings remain valid despite vacancies or appointment defects.

3.-{l) A simple majority of the members of the Commission shall constitute a quorum at any meeting of the Commission. (2) All matters for consideration by the Commission or acts to be done by the Commission shall be decided by a resolution at a meeting of the Commission at which a quorum is present. (3) A decision of the majority of members present and voting at a meeting of the Commission shall be deemed to be a decision of the Commission. (4) Every member of the Commission shall have one vote, and in the event of an equality of votes, the Chairman shall have a second or casting vote in addition to the deliberative vote. (5) Notwithstanding the provisions of sub-paragraph (2), where the Chairman so directs, a decision may be made by the Commission without the Commission meeting by circulation of the relevant papers among all the members and requiring each member to express views in writing; but, any member may require that a decision to be deferred for consideration at a meeting of the Commission. In such a case, no decision shall be made until there has been a meeting of the Commission. Minutes of meet ings and appoint ment of secretary (6) The validity of any proceedings of the Commission shall not be affected by any vacancy among the membership or by any defect in the appointment of a member.

Section 3Verify source

§ 4(l) Minutes in proper form of each meeting of the Commission shall be kept,Provision

The Commission’s meeting minutes must be kept in proper form, confirmed at the next meeting, and signed by the person presiding. The Registrar must attend Commission meetings, keep the minutes, and do other duties the Commission or Minister requires.

4 .-(l) Minutes in proper form of each meeting of the Commission shall be kept, and shall be confirmed by the Commission at the next meeting and signed by the person presiding at the meeting. •IK (2) The Registrar shall be the Secretary to the Commission and shall attend and keep minutes of the meetings of the Commission and perform such other duties as the Commission may require or as the Minister may direct. V Wi - Procedure

Section 4Verify source

§ 5Section 5Provision

The Commission may make rules for its own procedure, subject to this Schedule and any regulations made under the Act.

5. Subject to this Schedule and to any regulations made under the Act, the Commission may regulate its own procedure. The seal of the Board

Section 5Verify source

§ 6The seal of the Commission shall not be affixed to any instrument except in theProvision

The Commission’s seal may only be affixed to an instrument when the Chairman or Vice-Chairman and one other member are present.

6. The seal of the Commission shall not be affixed to any instrument except in the presence of the Chairman or the Vice-Chairman and one other member of the Commission. 178 .No. 6 Land Use Planning 2007 SECOND SCHEDULE (Made under section 31) M a t t e r s t o b e in c l u d e d in R e g io n a l a n d D is t r ic t L a n d u s e F r a m e w o r k P l a n s

Section 6Verify source

§ 2Population growth, projections, distribution and movementProvision

This section is titled “Population growth, projections, distribution and movement.”

2. Population growth, projections, distribution and movement.

Section 2Verify source

§ 3land potential including distribution of agricultural land potentials, theirProvision

This section refers to land potential, agricultural land distribution, population, land imbalance, land tenure, and other natural resource endowments.

3. land potential including distribution of agricultural land potentials, their relative values, population and land imbalance, land tenure and other natural resource endowments.

Section 3Verify source

§ 4Employment and incomes including characteristics of employment, income disProvision

This section lists employment and income topics, including job characteristics, income distribution, the labour force, the informal sector, and their locations.

4. Employment and incomes including characteristics of employment, income dis tribution, the labour force, potential of the informal sector and their locations.

Section 4Verify source

§ 5Human settlements including distribution of existing services, growth and patProvision

This section is about human settlements, distribution of existing services, urban growth patterns, and rural-urban migration.

5. Human settlements including distribution of existing services, growth and pat tern of urbanization, cause of primary, and rural-urban migration.

Section 5Verify source

§ 7Alternative development patternsProvision

This section is titled “Alternative development patterns” and mentions rural development, urban development, and links between urban and rural development.

7. Alternative development patterns including rural development, urban development and interrelations between urban and rural development.

Section 7Verify source

§ 8Strategies for human settlements in the area including development ofProvision

This section addresses strategies for human settlements in the area, including service centres, growth centres, transport and communication networks, and rural development.

8. Strategies for human settlements in the area including development of service centres, growth centres, transport and communication network and rural development.

Section 8Verify source

§ 9Strategies for livelihood with respect to land related resourcesProvision

This section is titled “Strategies for livelihood with respect to land related resources.”

9. Strategies for livelihood with respect to land related resources.

Section 9Verify source

§ 10Measures for implementation and co-ordination in specific sectors, namelyProvision

This section lists the sectors covered for implementation and co-ordination measures.

10. Measures for implementation and co-ordination in specific sectors, namely industrial development, housing transportation, health services, education, water supply, sewerage and electricity supply.

Section 10Verify source

§ 11Areas for small scale industries to produce low costing building materials andProvision

This section is about areas for small scale industries to produce low-cost building materials and increase employment.

11. Areas for small scale industries to produce low costing building materials and increase employment for human settlements development. 179 No. 6 Land Use Planning 2007 THIRD SCHEDULE (Made under section 33) M a t t e r s t o b e i n c l u d e d in V i l l a g e L a n d u s e P l a n s Part A: Issues for consideration

Section 11Verify source

Part

Part A: Issues for consideration

§ 1Existing tenure arrangements land uses and development patternsProvision

This section is a heading about existing tenure arrangements, land uses, and development patterns.

1. Existing tenure arrangements land uses and development patterns.

Section 1Verify source

§ 2Proposals for multiple land use systems to accommodate different land useProvision

This section is about proposals for multiple land use systems to accommodate different land use practices.

2. Proposals for multiple land use systems to accommodate different land use practices.

Section 2Verify source

§ 3Participation of local communities and villages in managing their resourcesProvision

Section 3 concerns participation of local communities and villages in managing their resources.

3. Participation of local communities and villages in managing their resources.

Section 3Verify source

§ 5Population growth, migration, density and distribution, age, sex, structure andProvision

This section is about population growth, migration, density and distribution, age, sex, structure, and household size.

5. Population growth, migration, density and distribution, age, sex, structure and household size.

Section 5Verify source

§ 6Employment and incomes of the population including where people work, trendProvision

This section concerns employment and incomes of the population, where people work, trends, and problems encountered in relation to services delivered.

6. Employment and incomes of the population including where people work, trend and problems encountered in relation to services delivered.

Section 6Verify source

§ 7Agricultural potential o f the rural areas showing various agriculturalProvision

This section is a heading about the agricultural potential of rural areas, the agricultural activities there, and the problems facing local communities.

7. Agricultural potential o f the rural areas showing various agricultural activities and the problems facing the local communities.

Section 7Verify source

§ 8General statements on the terrains, soils and climateProvision

This section is titled “General statements on the terrains, soils and climate.”

8. General statements on the terrains, soils and climate.

Section 8Verify source

§ 9Soil survey (land classes, soil texture, erosion, soil suitability)Provision

This section is about soil survey, including land classes, soil texture, erosion, and soil suitability.

9. Soil survey (land classes, soil texture, erosion, soil suitability).

Section 9Verify source

§ 10Analysis of social economic data and biophysical dataProvision

This section is titled “Analysis of social economic data and biophysical data.”

10. Analysis of social economic data and biophysical data.

Section 10Verify source

§ 11Proposed implementation of existing traditional technologiesProvision

This section concerns the proposed implementation of existing traditional technologies.

11. Proposed implementation of existing traditional technologies.

Section 11Verify source

§ 12Potential role of wildlife in local community and village developmentProvision

This section is titled “Potential role of wildlife in local community and village development.”

12. Potential role of wildlife in local community and village development.

Section 12Verify source

§ 13Potential role of forests in local community developmentProvision

This section is about the possible role of forests in local community development.

13. Potential role of forests in local community development.

Section 13Verify source

§ 14Potential role of minerals and water resourcesProvision

This section is titled “Potential role of minerals and water resources.”

14. Potential role of minerals and water resources.

Section 14Verify source

§ 15Potential role of livestock in local community developmentProvision

This section is titled “Potential role of livestock in local community development” and indicates it is in Part B: Procedures.

15. Potential role of livestock in local community development. Part B: Procedures

Section 15Verify source

Part

Part B: Procedures

§ 2Preparations of community action plans for the management o f land useProvision

This section is about preparations for community action plans for managing land use.

2. Preparations of community action plans for the management o f land use.

Section 2Verify source

§ 3Preliminary activitiesProvision

This section lists preliminary activities: establish or ascertain village boundaries, prepare or update land use and base maps, motivate villagers on land use planning, mobilise stakeholders, and assemble necessary resources.

3. Preliminary activities: tT (a) establish or ascertain village boundaries; (b) prepare or update village land use and base maps; (c) motivate villagers on land use planning; (d) mobilise and motivate stakeholders in the village; (e) assemble necessary resources.

Section 3Verify source

§ 4Organise meetings with Village CouncilProvision

Organise meetings with the Village Council.

4. Organise meetings with Village Council.

Section 4Verify source

§ 5Agree on broad zoning for land uses and community facilitiesProvision

Broad zoning for land uses and community facilities is to be agreed.

5. Agree on broad zoning for land uses and community facilities.

Section 5Verify source

§ 6Negotiate tenure rights between individuals and the communityProvision

This section concerns negotiating tenure rights between individuals and the community.

6. Negotiate tenure rights between individuals and the community.

Section 6Verify source

§ 8Draft and finalise village land use planProvision

This section concerns drafting and finalising a village land use plan.

8. Draft and finalise village land use plan.

Section 8Verify source

§ 9Present draft land use plan to stakeholders for discussion and approvalProvision

Present the draft land use plan to stakeholders for discussion and approval.

9. Present draft land use plan to stakeholders for discussion and approval.

Section 9Verify source

§ 10Establish institutions for evaluation and monitoringProvision

This provision establishes institutions for evaluation and monitoring, and the text also refers to a technical committee made up of representatives from government ministries.

10. Establish institutions for evaluation and monitoring. 180 No. 6 Land Use Planning 2007 FOURTH SCHEDULE (Made under section 19(5)) # % M e m b e r s o f t h e T e c h n ic a l C o m m it t e e (a) Representatives o f the Government Ministries Responsible fo r the fo l lowing matters Economic Planning and Development.

Section 10Verify source

§ 20Lands and human Settlements DevelopmentProvision

This section identifies the topic as lands and human settlements development.

20. Lands and human Settlements Development.

Section 20Verify source

§ 24Community Development Gender and ChildrenProvision

This provision fragment is a heading about Community Development, Gender and Children Information, followed by a list of representatives of certain institutions.

24. Community Development Gender and Children Information. (b) Representatives o f the following institutions:

Section 24Verify source

§ 1Section 1Provision

This provision names two representatives: one from public institutions of higher learning and one from private institutions of higher learning, together with the Tanzania Bureau of Standards.

1. Two representatives, being one each from public and private institutions of higher learning. Tanzania Bureau of Standards.

Section 1Verify source

§ 2Section 2Provision

Lists the Tanzania Forestry Research Institute.

2. Tanzania Forestry Research Institute. 3

Section 2Verify source

§ 5National Medical Research InstituteProvision

This section lists several named institutions, including the National Medical Research Institute, Tanzania Wildlife Research Institute, the Commission of Science and Technology, and the National Museums of Tanzania.

5. National Medical Research Institute. Tanzania Wildlife Research Institute. 6 Commission of Science and Technology. 7 181 No. 6 Land Use Planning 2007 National Museums of Tanzania.

Section 5Verify source

§ 8Section 8Provision

This section names the National Radiation Protection Commission.

8. National Radiation Protection Commission.

Section 8Verify source

§ 9Section 9Provision

9. Tanzania Pesticides Research Institute. 10

Section 9Verify source

§ 11National Environment Management CouncilProvision

This section labels the Fifth Schedule as matters for consideration by the Technical Committee.

11. National Environment Management Council. FIFTH SCHEDULE (Made under section 19(6)) M a t t e r s f o r C o n s id e r a t io n b y t h e T e c h n ic a l C o m m it t e e

Section 11Verify source

§ 1How to establish criteria and procedures for the assessment of land qualityProvision

This section is about establishing criteria and procedures for assessing land quality.

1. How to establish criteria and procedures for the assessment of land quality.

Section 1Verify source

§ 2Minimum land quality standaj ds for all land in Tanzania and for different uses,Provision

This section lists minimum land quality standards for land in Tanzania and identifies different land-use categories it covers.

2. Minimum land quality standaj ds for all land in Tanzania and for different uses, including: (a) land for agricultural use: (b) land for recreational use; (c) land for planned settlements; (d) land for waste disposal; (e) land for wildlife use; (f) land for protective and productive forests; and (g) land for livestock and pastoralism; (h) land for minerals and water resources use; (i, land for industrial use.

Section 2Verify source

§ 3Guidelines or regulations for the preservation of land where the land may needProvision

This section concerns guidelines or regulations for preserving land that may need special protection.

3. Guidelines or regulations for the preservation of land where the land may need special protection.

Section 3Verify source

§ 4Areas of research on the effects of land pollution on the environment, humanProvision

This section is about research on the effects of land pollution on the environment, human beings, and fauna.

4. Areas of research on the effects of land pollution on the environment, human beings and fauna.

Section 4Verify source

§ 5Measures necessary for the treatment of effluents before being discharged intoProvision

This section concerns measures for treating effluents before they are discharged into sewerage systems.

5. Measures necessary for the treatment of effluents before being discharged into the sewerage systems.

Section 5Verify source

§ 6Modalities for the management of common resourcesProvision

This section concerns the modalities for managing common resources.

6. Modalities for the management of common resources.

Section 6Verify source

§ 7Criteria for inter-sectoral consultation and coordinationProvision

This section is titled “Criteria for inter-sectoral consultation and coordination.”

7. Criteria for inter-sectoral consultation and coordination.

Section 7Verify source

§ 8Guidelines for joint decision making by planning agencies on matters ofProvision

This section sets out guidelines for joint decision making by planning agencies on matters of common concern.

8. Guidelines for joint decision making by planning agencies on matters of common concern.

Section 8Verify source

§ 9Guidelines for monitoring and evaluation of approval plansProvision

This section introduces guidelines for monitoring and evaluating approval plans and says there are two categories of human settlements in rural areas.

9. Guidelines for monitoring and evaluation of approval plans. 182 No. 6 Land Use Planning 2007 SIXTH SCHEDULE VILLAGE (Made under section 18) There shall be two categories of human settlements in the rural area, namely-

Section 9Verify source

§ 1A settlement with a population of less than 10,000 people shall be regarded asProvision

A settlement with fewer than 10,000 people is treated as a village.

1. A settlement with a population of less than 10,000 people shall be regarded as a village.

Section 1Verify source

§ 2A Minor Settlement (Trading Centre). Some villages act as trading centresProvision

A village settlement qualifies as a trading centre only if it has at least 5 retail shops and a market place, a primary school, a dispensary, and a post office.

2. A Minor Settlement (Trading Centre). Some villages act as trading centres according to the level of services available. To qualify for a trading centre a village settlement shall have at least: (a) 5 retail shops and a market place; (b) a primary school; (c) a dispensary; (d) a post office. Passed in the National Assembly on the 12th April, 2007, D a m ia n S.C. F o k a , Clerk o f the National Assembly 183

Section 2Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Commission shall be as stipulated in the First Schedule to this Act
Section 6

G–M

4 instruments

Land Act
Section 15
Land Survey Act
Section 40
Local Government (District Authorities) Rules in the Local Government (District Authorities) Act
Section 24
Minister to ensure that the The Minister must ensure land use plans incorporate the Act
Section 5

N–S

4 instruments

National Land Use Planning Commission Act
Sections 65, 67
National Land use Planning Commission appointed in accordance with section 6 of this Act
Section 2
or revoke the Schedules to this Act
Section 67
People and authorities using this Act
Section 3

T–Z

1 instrument

Village Land Act
Section 22

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The Land Use Planning Act, 2007

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10 referenced instruments

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