Tanzania Act or statute

Parliament of Tanzania

The Tanzania Meteorological Authority Act, 2019

This Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette. This Act applies to Mainland Tanzania and Tanzania Zanzibar. This section defines key te…

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Jurisdiction: Tanzania
Structure: 75 provisions
Citation: The Tanzania Meteorological Authority Act, 2019
Dates: Undated source snapshot

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“This Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette.”

This Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette. This Act applies to Mainland Tanzania and Tanzania Zanzibar. This section defines key terms used in the Act, including the Authority, Board, meteorological services, and related meteorology and climate concepts. This section establishes the Tanzania Meteorological Authority and gives it corporate powers, a sole mandate over certain meteorological data and products, and duties connected to court matters. The Authority must carry out meteorology-related public and commercial services and several specific operational functions, and it may also develop meteorological software and equipment.

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This Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette.

Section 1

21. Weather and climatic requirements for sectoral activities

A person permitted to do meteorological weather forecasting or weather modification must report to the Authority during and after the activity.

Section 20

The Authority’s expenditure must be approved by the Board for the relevant financial year, and the Director General must ensure payments are properly made and authorized.

Section 38

The Director General and certain existing Tanzania Meteorological Agency office holders continue in office when the Act starts and are treated as appointed by the new Authority.

Section 57

Board members are entitled to fees and allowances that are set by the Board and approved by the Treasury Registrar.

Section 15

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Showing 75 of 75 provisions

Provision 49Offence 15Commencement 5Short title 3

Part

PART I

§ 12Short title

This Act may be cited by its short title, and it starts on a date appointed by the Minister in the Gazette.

1. This Act may be cited as the Tanzania Meteorological Authority Act, 2019 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. Application

Section 1Verify source

§ 23Interpretation

This Act applies to Mainland Tanzania and Tanzania Zanzibar.

2. This Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar. (cid:1) 4 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Interpretation

Section 2Verify source

§ 34Provision

This section defines key terms used in the Act, including the Authority, Board, meteorological services, and related meteorology and climate concepts.

3. In this Act, unless the context otherwise requires- the Tanzania Meteorological “Authority” means Authority established under section 4; “Board” means the Tanzania Meteorological Authority Board established under section 7; “Chairman” means the Chairman of the Board; “climate change” means any systematic change in the long-term statistics of climate elements including temperature and rainfall sustained over several decades or longer which is attributed directly or indirectly to human activities; “commercial services” means specialized meteorological services provided for specific sector, customer or clients for economic gains or benefits as provided in the Third Schedule; “Congress” means the World Meteorological Organization Congress; “Director-General” means the Director General of the Authority appointed under section 11; “meteorology” means the science dealing with the past, present and future state and phenomena of the atmosphere; “meteorological instrument” are the equipment used to sample the state of the atmosphere at a given time; “meteorological stations” means a facility, either on fixed or mobile (land, sea or space) with instruments to measure atmospheric conditions; “meteorological services” means any service or activity that includes: (a) the observation and monitoring of all weather parameters; (b) collection, processing and of services, meteorological information, data, weather and climate forecasts, weather advisory, and warnings; climatological provision and (cid:1) 5 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 (c) dissemination of weather and climate information and product including data, forecasts, advisory and warnings; (d) the management and archival of meteorological data and products; (e) the maintenance and development of weather-related equipment, instruments, and computer programs; (f) research with the aim of: (i) improving products, and delivery of services; (ii) reducing the impact of weather-related natural disasters; and (iii) monitoring, detection and projection of climate variability and change and its impacts. (g) provision of training in meteorology and related disciplines in partnership with other institutions; responsible the Minister for “Minister” means meteorology; “National Meteorological Databank” means the National Archive of historical climate data; “National Meteorological Service” means the national institution responsible for the provision and regulation of meteorological services in the country; “National Tsunami Warning Centre” means the designated Centre for monitoring, forecasting and issuance of Tsunami warnings in the United Republic; “Organization” means the World Meteorological responsible Organization; “product” means processed meteorological data or information for a specific purpose; “public good services” means the meteorological services provided for public consumption as provided in the Second Schedule; “tailor-made services” means specialized meteorological services provided for specific sector, customer or clients; and “weather modification” means the act of intentionally manipulating or altering the weather. (cid:1) 6 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 PART II TANZANIA METEOROLOGICAL AUTHORITY Establishment of Authority

Section 3Verify source

Part

PART II

§ 45Provision

This section establishes the Tanzania Meteorological Authority and gives it corporate powers, a sole mandate over certain meteorological data and products, and duties connected to court matters.

4.-(1) There is hereby established a body to be known as Tanzania Meteorological Authority or in its acronym “TMA”. for the purpose of international (2) The Authority shall, and cooperation with collaboration organizations relating to meteorological issues be- (a) the National Meteorological Service; (b) the designated meteorological authority to fulfil the international obligation of the Government under the Convention International Civil Aviation of Organization; and (c) the designated National Tsunami Warning Centre. (3) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of- (a) suing and be sued; (b) acquiring, holding and disposing of real and personal property; (c) exercising the powers and performing the functions conferred upon it by or under this Act; (d) lending or borrowing money and entering into any contract or other transaction; and (e) doing all such other acts and things, for proper performance of its duties and discharge its functions under this Act of which a body corporate may lawfully perform. (4) Notwithstanding any other written law in the contrary, the Authority shall have the sole mandate in the United Republic- (a) to exchange meteorological and related data and products at national, regional and global level for the safety of life and property; and (b) to enhance understanding of the global atmosphere. (5) Notwithstanding the provisions of subsection (3), the Authority shall have duty to notify the Attorney (cid:1) 7 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Cap. 5 Functions of Authority General of any impending suit or intention to institute a suit or matter for or against the Authority. (6) The Attorney General shall have the right, through the Solicitor General, to intervene in any suit or matter instituted by or against the Authority. (7) Where the Attorney General intervenes in any matter in pursuance to subsection (6), the provisions of the Government Proceedings Act, shall apply in relation to proceedings on that suit as if it has been instituted by or against the Government: Provided that, the requirement of ninety days notice of intention to sue the government as stipulated under the Government Proceedings Act shall not apply where the Attorney General the suit or matter instituted. intervenes in

Section 4Verify source

§ 56Provision

The Authority must carry out meteorology-related public and commercial services and several specific operational functions, and it may also develop meteorological software and equipment.

5.-(1) The functions of the Authority shall be to deliver public good and commercial services in relation to meteorology as elaborated in the second and third schedule to this Act. (2) Without prejudice to subsection (1) the functions of the Authority shall be to- (a) implement the National climate related policies in relation to weather and climate matters; (b) regulate and coordinate meteorological activities in the United Republic; (c) organize and administer efficient networks of surface and upper air stations necessary to establish accurate records of the weather and climatic conditions; (d) provide weather and climate services for the safety of to various users of life and property and meteorological services; (e) issue severe weather-related warnings and advisories to ensure that there is a single authoritative voice in this regard; (f) publish weather and climatological summaries, climate status and other interpreted products; (g) observe, collect, process, archive and disseminate meteorological data and related information; (cid:1) 8 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 (h) cooperate with other institutions and authorities involved in meteorology and related fields in aspects of training, studies, research, environment, climate variability and change; (i) recover cost for meteorological services rendered to ensure service sustainability; (j) provide marine meteorological services to shipping, fishing, and other marine activities within the United Republic territorial waters and high sea; aeronautical meteorological services, warnings, (k) provide services, advisory and information and related services to civil aviation within the United Republic and other prescribed areas as per regional and international agreements; products (l) cooperate with other national and international institutions in search and rescue relating to aviation and maritime accidents by providing relevant weather information; (m) keep in safe custody all meteorological records and data; (n) calibrate and fabricate meteorological equipment for internal and external use; (o) ensure that international standards and practices of meteorological services including instrument and equipment installation are maintained; (p) carry out research, awareness activities, and training in meteorology, climatology and other related fields and to process and analyze climatic data for the purpose of use in socio-economic development planning; (q) approve and register meteorological stations; (r) participate in the activities of relevant international organizations, in particular the Organization; and (s) carry out any other function as the Minister may direct. (3) In addition to the functions specified under subsection (1), the Authority may innovate, invent or develop meteorological software and equipment. (cid:1) 9 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Powers of Authority

Section 5Verify source

Part

schedule to this Act.

§ 6Short title and commencementShort title

The Authority may install and maintain meteorological equipment, but must give reasonable notice before doing so on property, and the Minister may make regulations for implementation.

6.-(1) For the purpose of performing its functions the Authority shall have power to install, construct, place or maintain equipment, apparatus or other instruments in, on, over or under any land, water course or branch of the sea or lake, for the purposes of observing, and recording meteorological, hydro- meteorological and related observations and to provide appropriate services. agro-meteorological, (2) Without prejudice to subsections (1), the Authority shall not install, construct, place or maintain any equipment, apparatus or other instruments in, on, over or under any property unless it has given reasonable notice to the owner or occupier of the property or the local authority having the control or management of the property of its intention to exercise such power for public interest. (3) The Minister may make regulations prescribing procedures for implementation of this section. (4) The Authority shall have the powers to register, issue permit and the establishment and operations of meteorological stations, installation of meteorological instruments in the United Republic. regulate PART III ADMINISTRATION OF THE AUTHORITY (a) The Tanzania Meteorological Authority Board Establishment of Board

Section 6Verify source

Part

PART III

§ 78Provision

This section establishes the Tanzania Meteorological Authority Board and sets out who sits on it and who appoints its members.

7.-(1) There is hereby established the Tanzania Meteorological Authority Board which shall be the governing body of the Authority. (2) The Board shall consist of the following- (a) Chairman and Vice-Chairman; (b) five members; and (c) the Director-General who shall be the secretary to the Board. (3) The Chairman and the Vice-Chairman shall be appointed by the President on the basis of the principle that where the Chairman hails from one part of the United 10 (cid:1) (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Republic, the Vice-Chairman shall be a person who hails from the other part of the United Republic. (4) The five members of the Board shall be appointed by the Minister as follows: (a) a representative from the Ministry responsible for meteorology; (b) a representative from agricultural sector; (c) a representative from water resources sector; (d) a representative from the defence force; and (e) a representative from office responsible for disaster management. (5) In appointing members of the Board under subsection (4), due regard shall be given to gender. (6) The provisions of the First Schedule to this Act shall have effect as to qualifications of the members of the Board, tenure of office of members, termination and appointment of members, the proceedings of the Board and other matters relating to the Board.

Section 7Verify source

§ 89Provision

The Board must oversee and supervise the Authority’s management and has power to approve, appoint, advise, and take related governance actions listed in the section.

8.-(1) The Board shall oversee and supervise the management in the performance of the functions of the Authority in terms of this Act to ensure adherence to the governing laws and procedures. (2) Without prejudice to the generality of subsection (1), the Board shall- (a) provide strategic guidance for management of the Authority; Functions of Board (b) conduct managerial oversight and the activities and performance of management of the Authority; review (c) secure and ensure efficient use of resources, including approval of annual work plans, annual budget and supplementary budget; strategic and investment plans and (d) approve operations manual; (e) carry out the appraisal of the Authority’s strategic plan; (f) evaluate the performance of the entire management team and take necessary measures; (cid:1) 11 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 (g) appoint senior management staff; (h) approve performance reports of the Authority including report on disciplinary matters of staff; (i) exercise disciplinary powers over senior management staff; to (j) recommend the organisation structure and scheme of service; (k) approve management reports on quarterly basis; (l) approve salaries and conditions of services of authorities relevant the employees of the Authority; (m) approve code of conduct and procedures; (n) approve and supervise financial regulations and staff rules; (o) approve the appropriation of surplus funds generated; (p) approve the disposal of capital items; (q) advise the Minister in relation to Conventions and any Annexes to the Conventions, treaties, protocols and memoranda of understanding to meteorology to which the United Republic is a party; relating (r) ensure protection of consumers under this Act; and (s) perform such other functions as may deem fit for the achievement of the objectives of the Authority.

Section 8Verify source

§ 910Provision

The Board may create committees from among its members, the Committee of the Board may co-opt people to attend and deliberate on specific matters, and those co-opted people cannot vote.

9.-(1) The Board may subject to such terms and conditions as it may determine, form and appoint from among its members, such number of committees as it deems necessary for better carrying out the functions of the Board under this Act. (2) The Committee of the Board may co-opt any person to attend and deliberate on specific matter as the committee may determine but such person shall not have the right to vote. (3) The Committee of the Board shall, subject to the directives of the Board regulate its procedures. Committees of Board Delegation of functions and powers of Board

Section 9Verify source

§ 10Establishment of BoardProvision

The Board may delegate some of its functions or powers to a Board committee or the Director General, but not certain listed powers, and it can still act after delegation.

10.-(1) The Board may, subject to such conditions or restrictions as it deems necessary, delegate to any committee of the Board or to the Director General any functions or powers vested in it by this Act or any other (cid:1) 12 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Appointment of Director General Cap. 298 written law, except for powers to prescribe fees, charges and commissions, and the power to borrow or lend money and appointment of senior staff of the Authority. (2) Any power or function so delegated shall be exercised or performed by the Committee of the Board or Director General in the name and on behalf of the Board. (3) The Board may exercise any power conferred upon it or perform any function under this Act or any other written law, notwithstanding the delegation of the power or function made. (b) Management and Staff of the Authority

Section 10Verify source

§ 1112Provision

The President appoints the Director General, who must meet stated qualifications and serves a five-year term.

11.-(1) There shall be the Director General of the Authority who shall be appointed by the President in accordance with the Public Service Act on such terms and conditions as provided for in the scheme of service. (2) A person shall not be qualified for appointment as Director General unless that person- (a) has a doctorate degree in meteorology or related sciences from recognized university; and (b) possesses at least eight years managerial experience in a field of meteorology. (3) The Director General shall be the Chief Executive Officer of the Authority and shall, subject to any direction, which may be given by the Board or Minister, have the responsibility for the control and management of matters relating to meteorology, in accordance with the provisions of the Act. (4) The Director General shall be appointed to serve for a term of five years renewable on such terms and conditions as shall be set out in the letter of his appointment. Duties of Director General

Section 11Verify source

§ 1213Provision

The Director General must manage the Authority and carry out specific operational, service, reporting, and coordination duties.

12.-(1) Director General shall perform the following duties- (a) to undertake strategic management of the Authority and in relation therewith be responsible for the day to day operations of the Authority, proper management (cid:1) 13 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 of its funds, property and business and for the human resource management, organization, control and discipline of the employees; (b) to issue a warning and alert of flood, gale, storm, drought and any other weather condition likely to endanger life or property and determine when a warning and alert is to be lifted; (c) to ensure that quality meteorological services including public good services and commercial services are provided in a timely manner; (d) to identify areas in which meteorological instruments may be installed; (e) to ensure that meteorological services are provided to the end user efficiently, effectively and in a cost- effective manner; and (f) to carry out functions which the Board or Minister may consider desirable for the proper functioning of the Authority. (2) The Director General shall, in the performance of duties under this Act, observe the following principles- (a) manage the affairs of the Authority in accordance with modern management practices and techniques and, in particular, apply in its operations the best standards of financial management and accounting; (b) ensure that the Authority operations are designed for the provision of the best services to its customers and maintain a high degree of responsiveness to their needs; (c) to ensure and maintain standards and procedures of observations, and telecommunications for national and international exchange of data and products, as required by regulations laid down by the Organization; instrumentation services, (d) to undertake international obligations of the United the international Republic and under other Organization organizations conventions; the Convention of related and (e) be the accounting officer of the Authority with (cid:1) 14 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 financial responsibilities; and (f) to carry out other functions as the Board may direct. (3) In performing the functions under subsection (1), the Director General shall abide the annual performance agreement concluded between him and the Permanent Secretary responsible for meteorology. to Staff, Office and conditions of service

Section 12Verify source

§ 13Appointment of Director GeneralProvision

The Authority must employ enough staff in the needed categories and titles to carry out its functions efficiently, and the Board determines their terms and conditions.

13.-(1) There shall be employed by the Authority such number of employees in such categories and titles as may be necessary for the efficient discharge of the functions of the Authority and on such terms and conditions as may be determined by the Board. (2) The Authority shall, in the recruitment and the the employees comply with appointment of competitive selection procedures. Regulatory functions of Authority Application for permit of meteorological activities PART IV REGULATORY FUNCTIONS OF THE AUTHORITY

Section 13Verify source

Part

PART IV

§ 1415Provision

The Authority must regulate meteorological services in the United Republic.

14.-(1) The Authority shall regulate the meteorological services in the United Republic. (2) Without prejudice to the generality of subsection (1) the regulation of the Authority shall include: (a) approval and registration of meteorological stations; (b) to ensure adherence to international standards and practices of meteorological services; (c) ensure adherence to standards in installation and maintenance of meteorological instruments; and (d) to perform monitoring and supervisory functions over meteorological operators.

Section 14Verify source

§ 1516Provision

A person who wants to do meteorological forecasting, weather activities, or weather modification activities must apply to the Authority for a permit.

15.-(1) A person who intends to engage in any meteorological forecasting observations, weather activities or weather modification activities shall apply for a permit to the Authority in such manner as may be prescribed in the Regulations made under this Act. (2) An application under subsection (1) shall contain such particulars or information as the Authority may consider necessary. (cid:1) 15 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Issuance of permit

Section 15Verify source

§ 1617Provision

The Authority may issue a permit to an applicant if the applicant meets the regulatory conditions and pays the prescribed fees. The permit is valid for one year and can be renewed.

16.-(1) The Authority may, if satisfied that the applicant has fulfilled the conditions as provided under the Regulations, issue the permit to the applicant upon payment of the prescribed fees. (2) A permit issued under subsection (1), shall be valid for a period of one year and subject to renewal. Refusal of permit

Section 16Verify source

§ 1718Provision

The Authority may refuse to issue a permit and notify the applicant of the reasons if the applicant has not met the conditions.

17. The Authority may, if satisfied that the applicant has not fulfilled the conditions, refuse to issue a permit and notify the applicant reasons for refusal. Suspension or cancellation of permit

Section 17Verify source

§ 1819Provision

The Authority may suspend or cancel a permit if the permit holder fails to comply with the permit’s requirements, and must give written notice stating reasons before doing so.

18.-(1) The Authority shall, if a holder of permit fails to comply with the requirements to which the permit is issued, suspend or cancel the permit as the case may be. (2) The Authority shall, before suspending or cancelling the permit, give notice in writing to the holder of for suspension or cancellation of permit as the case may be. the permit stating reasons (3) Procedures for suspension and cancellation of permit shall be as prescribed in the Regulations. Prohibition of meteorological activities Report of meteorological activities

Section 18Verify source

§ 1920Offence

A person must not carry out meteorological observations, weather forecasting, or weather modification activities unless permission is obtained from the Authority.

19.-(1) A person in any forecasting meteorological activities or weather modification activities unless that person obtains permission from the Authority. observations, weather shall not engage (2) A person who engages in any meteorological observations, weather forecasting activities or weather modification activities without permission, commits an offence.

Section 19Verify source

§ 2021. Weather and climatic requirements for sectoral activitiesProvision

A person permitted to do meteorological weather forecasting or weather modification must report to the Authority during and after the activity.

20.-(1) Any person who has been given permission to undertake meteorological weather forecasting activity or weather modification activities shall, during and after such activity, prepare and submit a report to the Authority containing such information as the Authority may prescribe. observation, (2) The reports and other information made under this section may be made available to the public subject to the procedures as may be prescribed in the Regulations. (cid:1) 16 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Weather and climatic requirements for sectoral activities Construction of national development projects Registration of meteorological stations

Section 20Verify source

§ 21Weather and climatic requirements for sectoral activitiesProvision

The Authority must prescribe weather and climatic requirements for sectoral activities.

21.-(1) The Authority shall prescribe the weather and climatic requirements for sectoral activities. (2) Subject to subsection (1) the sectors include aviation, defence, finance, agriculture, construction works, environment, industries, marine, natural disaster, and relief management, water resources, health, power and steel, transport, science and technology; minerals, oil and gas, livestock, natural resources, tourism and any other sectors as may be prescribed by the Minister.

Section 21Verify source

§ 2223Offence

People doing feasibility studies for a national development project must use meteorological data issued by the Authority, and if no such data exists, they must consult the Authority for guidance.

22.-(1) Any person, who carries any feasibility studies for construction of national development project shall be required to use meteorological data issued by the Authority. (2) Where there is no meteorological data issued under subsection (1), a person carrying out feasibility study for construction of national development project shall consult the Authority for guidance. (3) For better performance of this Act, any person who contravenes the requirements under subsection (1) commits an offence. For

Section 22Verify source

§ 2324. Meteorological instrumentOffence

Meteorological stations must be registered by the Authority, and relocation or operation of unregistered stations is restricted.

23.-(1) undertaking meteorological activities, all meteorological stations shall be registered by the Authority. purposes the of (2) A person registered shall not meteorological stations without the approval of the Authority. relocate (3) Where it is necessary to relocate any national referenced meteorological stations, the matter shall be subject to approval by the Authority and such relocation cost shall be borne by such person. (4) A person operating meteorological station that is not registered by the Authority, commits an offence. Meteorological instruments

Section 23Verify source

§ 24Meteorological instrumentOffence

The Authority must set technical requirements for meteorological instruments, and such instruments must meet those requirements and be examined by the Authority.

24.-(1) In ensuring effective performance of meteorological activities, the Authority shall specify the technical requirements for meteorological instrument to be used. (cid:1) 17 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 the (2) All meteorological instrument shall be required to meet the Authority and shall be subject to examination by the Authority. requirements specified by technical Calibration of instruments Duty to maintain records Exclusive powers of Authority Setting of limits for protection of meteorological instruments (3) A person who applies any meteorological instrument that is not examined or accepted as qualified to be applied to meteorological operations, commits an offence.

Section 24Verify source

§ 25Calibration of instrumentsProvision

Meteorological measurement instruments must be calibrated, verified, maintained by recognized institutions, and inspected by the Authority.

25. The instruments for meteorological measurement shall be subjected to calibration, verification and maintenance from recognized institutions and inspected by the Authority.

Section 25Verify source

§ 26Duty to maintain recordsProvision

The Authority must keep records of specified weather and climate-related observations and activities in the United Republic, and may publish summaries and make the records available to the public.

26.-(1) The Authority shall maintain records of meteorological, agro meteorological, climatological and other related observations, weather forecasts and weather modification activities that have taken place in the United Republic and publish summaries as may be determined. (2) The records of the Authority maintained under subsection (1), may be made available for public consumption.

Section 26Verify source

§ 27Exclusive powers of AuthorityProvision

The Authority has exclusive power to forecast weather, issue weather warnings, and provide meteorological safety services for listed sectors.

27. The Authority shall have exclusive powers on weather forecast and issue of weather warnings to the public and to provide meteorological services of safety in nature to aviation, marine, agriculture, oil and gas, search and rescue activities in the United Republic and any other sectors as the Minister may prescribe.

Section 27Verify source

§ 28Setting of limits for protection of meteorological instrumentsProvision

The Authority must set protection limits for meteorological installations, and it may issue a notice stopping risky activity near them.

28.-(1) Notwithstanding any other written laws to the contrary, the Authority shall, subject to national and international standards relating to meteorology activities, set limits for protections of meteorological stations, instrument, equipment or any other related installations. (2) The Authority may issue a notice to a person if that person is carrying or is about to carry out an act or activity which causes or is likely to cause an immediate threat or risk to an installation, facility or instrument and (cid:1) 18 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 equipment used for the purposes of this Act. (3) A notice issued under subsection (1): (a) may be given in writing or orally; (b) shall specify the nature of an act or activity and of its effects or potential effects on the operations; and (c) may require that the act or activity cease, or not to be carried out, until such time the Authority is satisfied that the threat or risk no longer exists. (4) The Authority shall not be responsible for any loss or damage arising from, or in any way connected with, the issuing of a notice under this section. (5) The relevant authorities or local government authorities shall consult the Authority in planning for the areas installations of meteorological equipment. that are near

Section 28Verify source

§ 29Liability of Board and employeesOffence

The Board and Authority employees are not liable for damage, loss, or injury caused by good-faith reliance on meteorological information, but staff who neglect duty and issue fabricated weather information may commit an offence and face criminal liability.

29.-(1) The Board, or an employee of the Authority in performing their duties, shall not be liable for any damage, loss or injury sustained or alleged to have been sustained by any person as a result of reliance on meteorological information provided by the Authority in good faith. (2) Without prejudice to the provisions of subsection (1), any officer, staff or employee of the Authority who neglects duty and consequently issues fabricated weather or meteorological information and therefore resulting to losses and damages, commits an offence and may, in lieu of being proceeded against administratively, be liable for a criminal offence or to both.

Section 29Verify source

§ 30Intellectual property rightsProvision

The Authority keeps the intellectual property rights in specified meteorological materials and services, and clients or customers may not pass those materials on or distribute them without the Authority’s written consent.

30.-(1) The Authority shall retain the intellectual property rights on any meteorological data and advisory services, computer programs, inventions, discoveries and the improvements generated by fulfilment of its functions. the Authority in Liability of Board and employees Intellectual property rights (2) Meteorological data, information or other meteorological services of the Authority provided to a client or customer shall not be provided by that client or customer to a third party or be distributed without the (cid:1) 19 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Publication of weather and climate services Power to enter land and install meteorological instruments written consent of the Authority.

Section 30Verify source

§ 31Publication of weather and climate servicesProvision

The Authority issues weather and climate forecasts and warnings for media publication, and media must use and promptly broadcast the latest warnings; no one may publish or disseminate these forecasts and warnings to the public in the United Republic without the Authority’s permission.

31.-(1) The Authority shall issue weather and climate forecasts and warnings contents for publication through media for public consumption. (2) Subject to subsection (1) any use of contents by way of publication through media shall acknowledge the Authority as a source of such contents. (3) The media shall, arrange particular times or space every day for public meteorological forecasts or severe weather warnings and shall use the latest meteorological information and warnings provided by the Authority. (4) Media shall, upon receiving any severe weather warning that has a significant impact on the safety of people and their properties issued by the Authority, timely disseminate such warnings despite of ongoing programs. (5) Subject to the provisions of this Act, a person shall not publish or disseminate weather and climate forecasts and warnings to the public in respect of the United Republic without the permission of the Authority.

Section 31Verify source

§ 32Powers to enter land and install meteorological instrumentsProvision

The Authority may enter land or premises with reasonable notice and do acts needed for its functions, including installing meteorological equipment, inspecting stations and records, and removing obstructions.

32.-(1) The Authority may, for the performance of its functions, after giving reasonable notice of intention to the owner, occupier, or the company or local authority having control or management of any land or premises, enter the land or premises and do any act reasonably necessary for performing any functions of the Authority and, in particular, may- (a) install, construct, place or maintain equipment, apparatus or other instruments in, on, over or under any land, watercourse or sea for the purposes of recording any meteorological observations; and making (b) inspect and examine land, buildings and equipment of meteorological stations; (c) inspect and examine records and other information required to be kept by meteorological stations; or (cid:1) 20 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 (d) cut down and remove any tree, underwood or structures that may interfere with surveys or stations. (2) The Authority shall not acquire any right other than that of user in the property in, on, over or under instruments are which installed, constructed, place or maintained. its equipment, apparatus or Coordination of meteorological stations Competency of meteorological professionals

Section 32Verify source

§ 33Coordination of meteorological stationsProvision

The Authority must coordinate meteorological stations.

33. The Authority shall coordinate meteorological the database of create and stations meteorological stations. activities

Section 33Verify source

§ 34Competency of meteorological professionalsProvision

The Authority must work with relevant institutions to ensure meteorological professionals have the knowledge and skills needed for specific meteorological tasks.

34. The Authority shall, institutions be in collaboration with relevant for ensuring competency of meteorological professionals regarding their knowledge and skills required to perform specific meteorological tasks. responsible PART V FINANCIAL PROVISIONS Sources of funds of Authority

Section 34Verify source

Part

PART V

§ 3536Provision

The Authority’s funds come from appropriations, government funding, service income, donations, fees, loans, and other income under the Act.

35. The funds of the Authority shall consist of- (a) such sums of moneys as may be appropriated by the Parliament; (b) funds from the government for public good services rendered by the Authority; (c) money accruing from commercial services, consultancy or other payments; the Authority to (d) money received from donations, gifts or grants; (e) permits fee and charges; (f) (g) such income performance of activities under this Act. loans; and derived other as from Financial Management (cid:1)

Section 35Verify source

§ 3637Provision

The Board must manage and administer the Authority’s funds under financial laws and regulations, and use those funds to cover expenses for the Authority’s functions.

36. The funds of the Authority shall be managed and administered by the Board in accordance with financial laws and regulations and shall be utilized to defray expenses in connection with performance of functions of the Authority under this Act. 21 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Estimates of income and expenditure and financial control

Section 36Verify source

§ 3738Provision

The Director General must prepare and submit the annual budget to the Board at least three months before the end of each financial year, and the Authority must send a copy of the budget to the Minister for approval. The Minister may require the Authority to revise the budget.

37.-(1) The Director General shall not less than three months before the end of each financial year, prepare and submit to the Board for approval the budget that includes the estimates of income and expenditure for the next financial year. Expenditure of funds (2) Subject to the provision of subsection (1), the Authority shall submit a copy of the Budget to the Minister for approval. (3) The Minister may require the Authority to revise the Budget if in his opinion the budget does not represent income and reasonable projection of fair and a expenditure.

Section 37Verify source

§ 3839Provision

The Authority’s expenditure must be approved by the Board for the relevant financial year, and the Director General must ensure payments are properly made and authorized.

38.-(1) An expenditure shall not be incurred from the funds of Authority unless that expenditure is part of the expenditure approved by the Board under subsection (1) in respect of the financial year to which the expenditure relates. (2) The Director General shall ensure that all payments out of the Authority’s funds are correctly made and properly authorized and adequate control is maintained over its property and over the incurring of liabilities by the Authority. Supplementary Budget

Section 38Verify source

§ 39(cid:1)Provision

The Board may prepare and submit supplementary estimates to the Minister before the end of the current financial year. The Director General may incur unapproved expenditure if exigencies arise, but must seek the Board’s approval within three months.

39.-(1) The Board may at any time before the end of the current financial year prepare and submit to the Minister for approval any estimates supplementary to the estimates of the current year. (2) Without prejudice to subsection (1), the Director General may, where exigencies occur in relation to the performance of the functions of the Authority, incur expenditure not approved by the Board in which case the Director General shall within three months following such expenditure seek approval of the Board. Accounts and audit (cid:1)

Section 39Verify source

§ 4041Provision

The Authority must keep proper accounting records, prepare an annual performance report within six months after each financial year, submit the report and audited accounts to the Minister, and have its accounts audited.

40.-(1) The Authority shall keep books of account in and maintain proper records of its operations 22 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 accordance with commercial accounting standards. (2) The Authority shall within six months after the end of each financial year prepare a report on the performance of its functions during that financial year, and one copy of such report together with a copy of the audited accounts shall be submitted to the Minister. (3) The accounts of the Authority shall be audited by the Controller and Auditor General or such other person the Auditors and registered as an auditor under Accountants (Registration) Act, appointed for that purpose. Cap.286 Annual reports and performance agreements

Section 40Verify source

§ 41Accounts and auditOffence

The Director General must submit an annual report to the Minister within two months after receiving audited accounts and the auditor’s report, and the Minister must lay a copy before the National Assembly.

41.-(1) The Director General shall, within two months after he has received audited accounts and auditor’s report on those accounts, submit to the Minister an annual report in respect of that year containing- (a) a copy of the audited accounts of the Authority, together with the auditor’s report on those accounts; (b) a report on performance against key targets and any other related information; (c) a report on operations of the Authority during that financial year; and (d) such other information as the Minister may require. (2) The Minister shall cause a copy of the annual report of the Authority to be laid before the National Assembly, within two month’s or at the next meeting of the National Assembly. (cid:1) 23 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 PART VI OFFENCES AND PENALTIES

Section 41Verify source

Part

PART VI

§ 4243Offence

A person must not damage, steal, interfere with, approve occupation of protected land for meteorological activities, or use unqualified meteorological equipment or instruments. Conviction can lead to fines, imprisonment, and in some cases an extra payment for repair costs.

42.-(1) A person who- (a) seizes, damages, steals or destroys, interferes with (b) any meteorological equipment or instrument; approves the occupation of land within the limits of the protected area for meteorological observations, weather or weather forecasting modification activities; activities (c) uses an instrument or equipment that is not examined or accepted by the Authority as qualified, commits an offence and upon conviction shall be liable- (i) in the case of paragraph (a), to a fine equivalent to the value of the equipment or instrument or imprisonment of not less than three years but not exceeding five years; (ii) in the case of paragraph (b), to a fine of not less than Tanzania shillings two million but not exceeding five million shillings or to imprisonment for a term of not less than one year but not exceeding three years; (iii) in the case of paragraph (c), to a fine of not less than Tanzania shillings ten million but not exceeding twenty million shillings or to imprisonment for a term of not less than three years but not exceeding five years. (2) Where a person is convicted of an offence under subsection (1)(a) the court may in addition order the person convicted, to pay to the Authority a sum equal to the cost of repairing any damage so caused.

Section 42Verify source

§ 4344Offence

A person who blocks or refuses the Authority’s entry onto land for a survey commits an offence.

43. A person who obstructs or refuses the Authority to enter into land for making survey commits an offence and upon conviction shall be liable to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both. 24 Offences in relation to meteorological equipment and instruments Offence on obstruction or refusal to survey (cid:1) (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Offence for relocation Offence for using meteorological instrument without valid calibration certificate Offences for unlawful issuing of weather forecast and warnings

Section 43Verify source

§ 4445Offence

A person must not relocate meteorological stations, instruments, or equipment without approval from the Authority.

44. A person who relocates meteorological stations, instrument or equipment without approval from the Authority commits an offence and upon conviction shall be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both.

Section 44Verify source

§ 4546Offence

Using meteorological instruments without a valid calibration certificate is an offence.

45. A person who uses meteorological instruments without a valid calibration certificate commits an offence and upon conviction shall be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both.

Section 45Verify source

§ 4647Offence

It is an offence to unlawfully issue weather forecasts, climate forecasts, or warnings to the public, or to disseminate them without using the latest meteorological information provided by the Authority.

46.-(1) A person who unlawfully issues weather forecasts, climate forecasts and warnings to the public commits an offence, and upon conviction shall be liable to a fine of not less than fifty million shillings but not exceeding one hundred million to imprisonment for a term of five years but not exceeding ten years or to both. shillings or (2) A person who fails to use latest meteorological information provided by the Authority in disseminating to the public weather forecast and warning through media, including radio, newspaper or television, commits an offence and shall upon conviction be liable to a fine of not less than fifty million shillings but not exceeding one hundred million shillings or to imprisonment for a term of not less than five years but not exceeding ten years or to both. (3) The provisions of this section shall not apply to a person conducting weather and climate forecast for indigenous knowledge within his community for the purpose of informing the community on the state of climate. (4) For the purpose of this section, the term “indigenous knowledge” means knowledge provided by a person recognized in a particular community on the (cid:1) 25 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Offence on illegal data sharing Offence on use of data General penalties Compounding of offences provision of weather and climate forecast for that community.

Section 46Verify source

§ 4748Offence

A person must not distribute meteorological data without the Authority’s consent; doing so is an offence.

47. A person who distributes meteorological data without the consent of the Authority commits an offence and upon conviction shall be liable to a fine of not less than twenty million shillings but not exceeding thirty million shillings or to imprisonment for a term of not less than five years but not exceeding ten years or to both.

Section 47Verify source

§ 4849Offence

A person who does not use meteorological data issued by the Authority for feasibility studies for a national development project commits an offence and may be fined or imprisoned on conviction.

48. A person who fails to use meteorological data issued by the Authority when carrying feasibility studies for construction of national development project commits an offence and upon conviction shall be liable to a fine of not less than fifty million shillings but not exceeding one hundred million shillings or to imprisonment for a term of not less than ten years but not exceeding fifteen years or to both.

Section 48Verify source

§ 4950Offence

A person who breaks an Act provision with no specific penalty commits an offence and may be fined, imprisoned, or both.

49. A person who contravenes a provision of this Act where no penalty has been specifically provided for commits an offence and upon conviction shall be liable to a fine of not less than one million shillings but not exceeding three million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both.

Section 49Verify source

§ 5051Commencement

The Director General may compound an offence if the person admits it in writing, and the Authority may add interest and enforce payment if the person does not comply with the notification period.

50.-(1) Notwithstanding the provision of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act, the Director General may, at any time prior to the commencement of the hearing by a court of competent jurisdiction, compound such offence and order such person to pay sum of money, not exceeding one half of the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where an offence is compounded in accordance with sub section (1) and proceeding are brought against the offender for the same offence, it shall be a good (cid:1) 26 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 defence for the offender to prove to the satisfaction of the court that the offence with which the offender is charged has been compounded under sub section (1). issued under (3) Where the person fails to comply with the the notification prescribed period, the Authority: (a) shall, in addition to sum ordered, require the person to pay an interest at the rate prescribed in the regulations; and this section within (b) may enforce the notification in the same manner as a decree of a court for the payment of the amount stated in the notification. PART VII GENERAL PROVISIONS

Section 50Verify source

Part

PART VII

§ 5152Provision

The Authority may acquire land for the Act, but must follow the procedure set by the land acquisition laws for Mainland Tanzania and Tanzania Zanzibar.

51. The Authority may acquire any land for the purpose of this Act in accordance with the procedure stipulated under the laws governing acquisition of land in Mainland Tanzania and Tanzania Zanzibar.

Section 51Verify source

§ 5253Provision

A person may submit a written complaint to the Director General, who must decide it within 14 days. If the complainant is dissatisfied, they may appeal to the Board.

52.-(1) A person may submit in writing a complaint regarding the performance of the Authority to the Director General. (2) Director General shall determine the complaint submitted within fourteen days from the date of receipt of complaints. (3) Where a person who made a formal complaint to the Director General is not satisfied with the decision of the Director General he may appeal to the Board.

Section 52Verify source

§ 5354Provision

A person aggrieved by the Director General may appeal to the Board within 21 days, the Board must decide the complaint within 21 days, and a party aggrieved by the Board may appeal to the Minister within 21 days.

53.-(1) Any person aggrieved by a decision of the Director General, may appeal to the Board within twenty- one days from the date of the decision. (2) The Board shall make a decision on the complaint within twenty one days. (3) Any party aggrieved by the decision of the Board may, within twenty one days appeal to the Minister. 27 Compensation on acquisition of land Complaints and appeals Appeal to Board (cid:1) (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Regulations

Section 53Verify source

§ 5455Provision

The Minister may make regulations to better carry out this Act, including rules on meteorological activities, permits, warnings, data submission, fees, complaints, and related matters.

54.-(1) The Minister may make regulations for the better carrying out the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations prescribing- (a) weather forecasting activities and or weather modification activities; (b) prohibition of making meteorological observations by unauthorized person; (c) procedure for issuance of permits for operating meteorological stations and for regulating standards of installation of meteorological equipment and the World in instruments Meteorological Organization and recommended practices; accordance with standards (d) procedures for compulsory dissemination of warnings and forecasts through the media and mobile phones within the United Republic; (e) procedures for management of complaints and appeals under this Act; (f) procedures for application for permits, suspension and cancellation of permits under this Act; (g) fees, charges and interests rates payable under this Act; (h) procedures for compulsory submission of data to the National Meteorological Data Bank by all other meteorological station owners; (i) procedures for cost recovery, for services rendered by the Authority; (j) the manner in which consumers may be protected under this Act; (k) compulsory payment of cost recovery where tailor made meteorological services and products are used for commercial gain by stakeholders; and (l) for any matter which, in the opinion of the Minister is necessary for the efficient performance of the functions of the Authority.

Section 54Verify source

§ 5556Repeal

The Authority must prepare staff rules, guidelines, and a code of ethics and conduct.

55. The Authority shall prepare Rules, Guidelines, Code of Ethics and Conduct for regulating its staff 28 Rules, guidelines, code of ethics and conducts (cid:1) (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 Repeal and savings Cap.157 Continuation of employment Vesting of property activities for compliance purposes, monitoring and evaluation. PART VIII REPEAL AND TRANSITIONAL PROVISIONS

Section 55Verify source

Part

PART VIII

§ 5657Repeal

The Meteorology Act, Cap. 157 is repealed, but existing directions and orders made under it are treated as if made under this Act and continue to apply until revoked, unless they conflict with this Act.

56.-(1) The Meteorology Act, Cap.157 is hereby repealed. (2) Notwithstanding the repeal of the Meteorology Act, directions and orders issued, made or given under the repealed Act shall be deemed to be directions or orders issued, given or made under this Act and shall, subject to the provisions of this Act relating to penalty for any contravention, remain in force and apply, mutatis mutandis, until revoked by directions, regulations, rules or orders issued, given or made under this Act: Provided that, this section shall not apply to any inconsistent with any is direction or order which provisions of this Act.

Section 56Verify source

§ 5758Commencement

The Director General and certain existing Tanzania Meteorological Agency office holders continue in office when the Act starts and are treated as appointed by the new Authority.

57. Without prejudice to the provisions of this Act, the Director General and any person who immediately before the coming into force of this Act is the holder of an office in the Tanzania Meteorological Agency existing before the commencement of this Act shall on the commencement of this Act continue in office and be deemed to have been appointed to his office by the Authority established by this Act.

Section 57Verify source

§ 5859Commencement

Property that was vested in the Agency before commencement vests in the Authority on commencement, subject to existing interests, liabilities, charges, obligations, and trusts.

58. All movable and immovable property, which immediately before the commencement of this Act were vested in the Agency shall, on the date of commencement of this Act, vest in the Authority subject to all interests, liabilities, charges, obligations and trusts affecting that property. Legal rights and obligations

Section 58Verify source

§ 5960Commencement

The Agency’s existing functions, rights, interests, obligations, and liabilities are treated as assigned to the Authority, and contracts continue to operate against the Authority.

59.-(1) The statutory functions, rights, interests, obligations and liabilities of the Agency, existing before the commencement of this Act under any contract or (cid:1) 29 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 instrument, or in law or in equity shall by virtue of this Act be deemed to have been assigned to and vested in the Authority established by this Act. (2) Any such contract or instrument of the Agency referred under subsection (1), shall be of the same force and effect against or the Authority established by this Act and shall be enforceable fully and effectively as if the Agency is established by this Act. in favour of (3) The Authority established by this Act shall be subject to all the obligations and liabilities to which the Agency existing before the commencement of this Act was subject to immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Authority established by this Act as they had against the Agency existing before the commencement of this Act.

Section 59Verify source

§ 60(cid:1)Commencement

Existing proceedings or causes of action may continue, or be started, after the Act begins, and related determinations may be enforced against or by the Authority.

60. Any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Agency existing before the commencement of this Act in respect of any right, interest, obligation or liability of the Agency may be continued or, as the case may be, commenced and any determination of the court of law, tribunal or other authority or person may be enforced by or against the Authority to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Agency. Pending or existing proceedings or cause of action (cid:1) 30 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 _____ FIRST SCHEDULE _______ (Made under section 7 (6)) _______ PROCEEDINGS AND TENURE OF THE BOARD Composition of Board

Section 60Verify source

§ 12Provision

The Board of Directors must include a Chairman, a Vice Chairman, five members, and the Director-General; when appointing the Chairman, Vice-Chairman, and members, the appointing authority must consider specified qualifications.

1.-(1) The Board of Directors of the Authority shall consist of- (a) a Chairman and a Vice Chairman; (b) five members; and (c) the Director-General appointed under section 13. (2) In the appointment of Chairman, Vice-Chairman and members of the Board, the appointing authority shall have regard to appoint persons who- (a) are graduates of a recognized University; (b) have at least ten years experience in one or more of management, engineering, economics, agriculture, meteorology or information and communications technology; finance, law, Secretary to Board Tenure of Appointment (c) have knowledge of industry; and (d) are willing to serve as members.

Section 1Verify source

§ 23Provision

The Director-General must serve as the Secretary of the Board.

2. The Director-General shall be the Secretary of the Board.

Section 2Verify source

§ 34Provision

The Chairman, Vice Chairman, and Board members are appointed for fixed terms, may be reappointed once for one further term, and any member may resign by written notice to the appointing authority.

3.-(1) The Chairman, the Vice Chairman and members of the Board shall be appointed for the following fixed terms: (a) a Chairman four years. (b) Vice Chairman four years. (c) other five members three years. (2) Members, including the Chairman shall each be eligible for reappointment for one further term but shall not otherwise be eligible for re-appointment. (3) Any member may at any time resign by giving notice in writing to the appointing authority and from the date specified in the notice or if no date is so specified, from the date of receipt of the notice by the appointing authority, he shall cease to be a member. Cessation of members

Section 3Verify source

§ 45Provision

A Board member may cease from office at any time for incapacity, misconduct, absence from three consecutive meetings without reasonable excuse, or resignation.

4. A member of the Board may at any time cease from his office on account of - (a) inability to perform the functions of his office arising from infirmity of body or mind; (b) misbehaviour or misconduct in a manner which bring or is (cid:1) 31 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 likely to bring the Board into disrepute; (c) absent himself from three consecutive meetings of the Board without reasonable excuse; and (d) resigning.

Section 4Verify source

§ 56Provision

If a member misses three consecutive Board meetings without sufficient cause, the Board must inform the appointing authority, and that authority may end the member’s appointment and replace the member.

5. Where any member absents himself from three consecutive meetings of the Board without sufficient cause, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of the member and appoint another member in his place.

Section 5Verify source

§ 6Short title and commencementShort title

The Minister may appoint a temporary Board member if a member cannot attend because of illness, infirmity, or absence from the United Republic.

6. Where any member is by reason of illness, infirmity or absence from the United Republic unable to attend any meeting of the Board, the Minister may appoint a temporary member in his place and any such temporary member shall cease to hold office on the resumption of office of the substantive member. Absence from three consecutive meetings Appointment of temporary member Proceeding not to be invalid by reason of irregularity

Section 6Verify source

§ 78Provision

Board proceedings are not invalid just because membership was incomplete, a member was improperly appointed, or a member was disqualified or disentitled.

7. The proceedings of the Board shall not be invalid by reason only of the number of members not being complete at the time of such act or proceeding, or of any defect in the appointment of any member or of the fact that any member was at the time disqualified or disentitled as such. Meetings

Section 7Verify source

§ 89Provision

The Board must meet quarterly, and the Chairman usually convenes ordinary meetings and sends at least 10 days’ notice; the Vice Chairman or Secretary can convene in specified absences.

8.-(1) The Board shall meet in quarterly basis at such times and places as it deems necessary for the transaction of its business. (2) The Chairman or, in his absence, the Vice Chairman, may, convene a special or extraordinary meeting of the Board. (3) An ordinary meeting of the Board shall be convened by the Chairman and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence not less than ten days before the date of the meeting and where the Chairman is unable to act by reason of illness or other cause or is absent from the United Republic, the Vice Chairman may convene the meeting. (4) In the absence of both Chairman and Vice Chairman, the Secretary to the Board may convene a scheduled meeting after consultation with the Chairman or Vice Chairman, whereby the Board members in attendance shall appoint one among them to be a Chairman of that particular meeting. (5) The Board may act notwithstanding any vacancy in its membership. Conflict of interest

Section 8Verify source

§ 910Offence

Board members with a conflict of interest must disclose it immediately and stop taking part in the matter; if the Board learns of the conflict, it must direct the member to step back.

9.-(1) Where at any time a member of the Board has a conflict of interest in relation to- (a) any matter before the Board for consideration or determination; or 32 (cid:1) (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 (b) any matter the Board could reasonably expect might come before it for consideration or determination, the member shall immediately disclose the conflict of interest to the other members of the Board and refrain from taking part, or taking any further part, in the consideration or determination of the matter. (2) Where the Board becomes aware that a member has a conflict of interest in relation to any matter which is before the Board, shall direct the member to refrain from taking part, or taking any further part, in the consideration or determination of the matter. (3) A member of the Board shall be considered to have breached the provision of sub section (1) if- (a) he fails without reasonable cause to make declarations of his interests as required; or (b) he knowingly makes a declaration false or misleading in material particulars thereby affecting the decision, that person shall be guilty of an offence the effect of which will be resigning from office. Invitation of expert

Section 9Verify source

§ 10Establishment of BoardProvision

The Board may invite a non-member to take part in its deliberations and provide expertise, but that person may not vote.

10. The Board may invite any person who is not a member to participate in the deliberations of the Board and provide expertise as the Board may require, but such person shall not be entitled to vote. Quorum

Section 10Verify source

§ 1112Provision

A Board meeting has a quorum only if more than half of the Board members are present.

11. The quorum at any meeting of the Board shall be more than half of the members in the Board. Minutes of meetings Decision of Board Board to regulate its own proceedings Remuneration of Board

Section 11Verify source

§ 1213Provision

The Board must confirm the minutes of each meeting at its next meeting.

12. Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting.

Section 12Verify source

§ 13Appointment of Director GeneralProvision

Board decisions are made by majority vote of the members present; if the votes are tied, the Chairman has a casting vote.

13. Decision of the Board shall be decided by majority of the vote of the members present and in the event of the equality of the vote the Chairman shall have a casting vote.

Section 13Verify source

§ 1415Provision

The Board must regulate its own proceedings, subject to this Schedule and subsection 7(1).

14. Subject to the provisions of this Schedule and subsection 7(1), the Board shall regulate its own proceedings.

Section 14Verify source

§ 1516Provision

Board members are entitled to fees and allowances that are set by the Board and approved by the Treasury Registrar.

15. The members of the Board shall be paid such fees and allowances as may be determined by the Board and approved by the Treasury Registrar. (cid:1) 33 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 _______ SECOND SCHEDULE _______ (Made under section 5(1)) _______ PUBLIC GOOD SERVICES ITEMS The following items shall be considered as Public Good Services to which section 5 applies: (a) meteorological and climatological observational data over United Republic and surrounding oceans sufficient for the needs of the country and to comply with International obligations and in accordance with the Organization standards, where practicable; (b) carrying out of International Obligations agreed under the Organization international exchange of data and and including through Regional Telecommunications Hub the arrangements transmitting Meteorological Centre; (c) provision of other meteorological services and the representation of Government in fulfilment of international Obligations, where appropriate; (d) provision of weather and climatic forecasting services to general public for the safety of life and property; (e) the Custody of the National Meteorological Data Bank; (f) provision of information to general public on Tsunami and severe weather related warning; (g) the provision of advice to Government regarding meteorological and climatological matters; (h) the provision of meteorological support for aviation and maritime search and rescue activities in accordance with international obligations of the Government; the provision of service for the benefit of subsistence farmers and fisheries; and (i) (j) any other services provide for public interest as prescribed by the ministers. (cid:1) 34 (cid:1) No. 2 The Tanzania Meteorological Authority Act 2019 ________ THIRD SCHEDULE _________ (Made under section 5(1)) __________ COMMERCIAL SERVICES ITEMS The following items shall be considered as Commercial Services to which section 5 applies: (a) the provision of specialized weather forecasting and climate information; (b) the provision of services to the maritime industry that are not included in International obligations of the SOLAS Convention (Safety of Life at Sea); (c) the provision of aviation meteorological services; (d) the provision of weather and climate services in construction sectors; (e) the provision of weather and climate services in tourism industries; (f) meteorological consultations including advice to the legal and insurance industries; (g) funded or contracted weather and climate-related study; (h) research to improve commercial services delivery; (i) (j) the dissemination of weather and climate information; the manufacturing and selling of meteorological equipment to public and private sector departments and users from the private sector as well as the servicing; (k) repairing and standardisation of equipment falling within the competence of the Authority; (l) provision of specialised services to the media; and (m) any other weather and climate services as may prescribed by the ministers. Passed by the National Assembly on the 30th January, 2019. STEPHEN KAGAIGAI Clerk of the National Assembly (cid:1) 35

Section 15Verify source

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