The Written Laws (Miscellaneous Amendments) Act, 2024
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2024.
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- The Written Laws (Miscellaneous Amendments) Act, 2024
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About this statute
This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2024. This section says the written laws listed in the Act’s various Parts are amended as specified in those Parts. This Part must be read together with the Deep Sea Fisheries Management and Development Act, called the principal Act. This section amends section 11 to require certain members to be appointed by the Minister in consultation with the Minister responsible for fisheries in Tanzania Zanzibar, and sets their tenure at three years with eligibility for reappointment. The Authority may appoint specified people in writing as fisheries officers, licensing inspectors, authorised officers, and observers.
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Provisions of The Written Laws (Miscellaneous Amendments) Act, 2024
Showing 27 of 27
Part
PART I
- 1 Verify source ↗
2. Amendment of certain written laws
AI-assisted research summary: This section says the Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2024.
1. This Act may be cited as the Written Laws (Miscellaneous Amendments) Act, 2024. Amendment of certain written laws - 2 Verify source ↗
Amendment of certain written laws
AI-assisted research summary: This section says the written laws listed in the Act’s various Parts are amended as specified in those Parts.
2. The written laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE DEEP SEA FISHERIES MANAGEMENT AND DEVELOPMENT ACT, (CAP. 388) Construction Cap. 388
Part
PART II
- 3 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Deep Sea Fisheries Management and Development Act, called the principal Act.
3. This Part shall be read as one with the Deep Sea Fisheries Management and Development Act, hereinafter referred to as the “principal Act”. No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 Amendment of section 11 - 4 Verify source ↗
Amendment of section 11
AI-assisted research summary: This section amends section 11 to require certain members to be appointed by the Minister in consultation with the Minister responsible for fisheries in Tanzania Zanzibar, and sets their tenure at three years with eligibility for reappointment.
4. The principal Act is amended in section 11 by adding immediately after subsection (2) the following: “(3) The members referred to in paragraphs (c), (d), (e) and (f) of subsection (1) shall be appointed by the Minister in consultation with the Minister responsible for fisheries in Tanzania Zanzibar. (4) The tenure of office for members referred to in subsection (1) shall be three years but shall be eligible for reappointment for another term.”. Amendment of section 16 - 5 Verify source ↗
Amendment of section 16
AI-assisted research summary: The Authority may appoint specified people in writing as fisheries officers, licensing inspectors, authorised officers, and observers.
5. The principal Act is amended in section 16 (1) by deleting paragraph (n) and substituting for it the following: “(n) appoint in writing- (i) from amongst such persons officers of the Authority to be fisheries officers, licensing inspectors, authorised or officers; and (ii) such persons from amongst officers of the Authority or other accredited and qualified fisheries to be individuals, observers; who shall carry out duties as prescribed in the regulations.” Amendment of section 35 - 6 Verify source ↗
Amendment of section 35
AI-assisted research summary: A person who breaches subsection (1) commits an offence and may be fined up to the maximum amount in the Second Schedule; the court must also seize all fish or fish products.
6. The principal Act is amended in section 35 by adding immediately after subsection (2) the following: “(3) A person who contravenes the provision of subsection (1) commits an offence and on conviction, shall be liable to a fine not exceeding the maximum amount set out in the Second Schedule to this Act, and in addition, all fish or fish products shall be seized by the court.” Amendment of Second Schedule
Part
Schedule
- 7 Verify source ↗
Amendment of Second Schedule
AI-assisted research summary: This provision amends the Second Schedule by adding a new row about an operator of a fishing vessel who fishes without a valid licence, authorisation, or other permission, with a penalty of 1 million.
7. The principal Act is amended in the Second Schedule by adding immediately after the twelfth row that contains reference to section 34(5) the following row: No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 Construction Cap. 123 Amendment of section 4 “ 35(3) operator of a fishing vessel, engaged in any fishing activities without a valid and applicable licence, authorisation or other permission 1 million ” PART III AMENDMENT OF THE MINING ACT, (CAP. 123)
Part
PART III
- 8 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Mining Act, which is called the principal Act.
8. This Part shall be read as one with the Mining Act, hereinafter referred to as “the principal Act”. - 9 Verify source ↗
Amendment of section 4
AI-assisted research summary: This section amends section 4 of the principal Act by changing several definitions and one valuation rule.
9. The principal Act is amended in section 4, by- (a) deleting the word “lime” appearing in the definition of the term “industrial minerals” and substituting for it the word “limestone”; (b) deleting the words “mineral right holder” appearing in the definition of the term “integrity pledge” and substituting for them the words “mineral rights holders, licenced dealers and licenced brokers”; (c) inserting the word “geothermal” between the words “uranium” and “thorium” appearing in the definition of the term “energy minerals”; (d) adding in their appropriate alphabetical order the following new definitions: ““geothermal resources that contain thermal energy; resources” means mineral “mineral auction” includes mineral auction by tender;”; (e) deleting the definition of the terms “gross value” and “mineral processing” and substituting for them the following: “gross value” means the market value of minerals as determined at the point of sale or, in the case of within the point of Tanzania, at delivery within Tanzania consumption No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 through valuation pursuant to section 126 of this Act: Provided that- (a) for the purposes of calculating the amount of royalties payable, the Government shall be entitled to reject the valuation if such value low on is steeply account deep volatility, negative unless raw the minerals are disposed of for beneficiation within the United Republic; and of ““mineral processing” means the practice of beneficiating or liberating valuable minerals from their ores which may combine a number of unit operations including crushing, grinding, sizing, screening, classification, washing, froth gravity floatation, electrostatic concentration, separation, magnetic separation, leaching, smelting, and refining, gasification or any other processes incidental thereto;” (f) deleting the words “is between US$100,000 and” appearing in the definition of the term “mining licence” and substituting for them the words “is above US$ 5,000,000 up to”; and calcining (g) deleting the word “milling” appearing in the definition of the term “processing area” and substituting for it the word “comminution”. Addition of section 5B - 10 Verify source ↗
Addition of section 5B
AI-assisted research summary: This provision amends the principal Act by inserting new text immediately after section 5A.
10. The principal Act is amended by adding immediately after section 5A the following: No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 “Critical and strategic minerals of recommendation - 5B Verify source ↗
(1) The Minister may,
AI-assisted research summary: The Minister may declare certain minerals to be critical or strategic, but only with Cabinet approval and by Gazette order.
5B.-(1) The Minister may, on the Geological Survey of Tanzania and by order published in the Gazette, and upon approval by the Cabinet, declare certain minerals to be critical or strategic. (2) The order made under this prescribe shall section conditions applicable to the critical or strategic minerals, and any contravention of such conditions shall be an offence. (3) For the purpose of this section- (a) a mineral shall be be to considered “critical” where it becomes essential to the national economic, geopolitical consideration, industrial technology, use, and its supply is limited or threatened; and (b) “strategic minerals” means minerals declared to be strategic this minerals under section.”. Amendment of section 8 - 11 Verify source ↗
Amendment of section 8
AI-assisted research summary: If an individual or company does not pay an application fee within 28 days after notification, the application is treated as withdrawn.
11. The principal Act is amended in section 8(1) by adding immediately after paragraph (b) the following: “(c) an individual or a company that fails to pay an application fee within twenty eight days from the date of notification of payment of such fee, and in which case such application shall be deemed as withdrawn.”. - 12 Verify source ↗
Amendment of section 27F
AI-assisted research summary: A mineral rights holder who fails to submit mineral data is subject to section 63, and submitting false or misleading information is an offence.
12. The principal Act is amended in section 27F, by- No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 Amendment of section 27F (a) adding immediately after subsection (4) the following: “(5) The provisions of section 63 shall apply to the mineral rights holder who fails to submit mineral data under subsection (3). (6) A mineral right holder who submits false or misleading information commits an offence and on conviction shall be liable- or (a) in case of an individual, to a fine of not less than five million shillings but not exceeding ten million to shillings imprisonment for a term of not less than twelve months but not more than three years or both; or (b) in case of a body corporate, to a fine of not less than two hundred not million exceeding five hundred million shillings.”; shillings but (b) renumbering subsections (5), (6), and (7) as subsections (7), (8) and (9) respectively. (c) deleting the words “the written authorisation of” appearing in subsection (8) as renumbered and substituting for them the words “verification of results from.”. Addition of section 27I - 13 Verify source ↗
Addition of section 27I
AI-assisted research summary: This provision amends the principal Act by inserting new text immediately after section 27H, but the supplied text is truncated.
13. The principal Act is amended by adding immediately after section 27H the following: “Mineral Laboratory There - 27I Verify source ↗
(1)
AI-assisted research summary: A mineral laboratory is established within the Mining Commission and is under the Commission’s control and authority.
27I.-(1) is established a mineral laboratory within the Mining Commission known as the Mining Commission Mineral Laboratory which shall be under the control and authority of the Commission. (2) The mineral laboratory shall be used for analysing minerals and mineral products or samples in respect of- No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 (a) import or export of mineral minerals, products or samples; (b) minerals or mineral products in storage or in transit within the United Republic; (c) minerals which are covered by a mineral trading permit; and (d) minerals or mineral products at mines or mineral processing plants. Amendment of section 66 - 14 Verify source ↗
Amendment of section 66
AI-assisted research summary: This provision amends section 66 of the principal Act by inserting the words “inspection fee” after “rent” in subsections (1) and (3).
14. The principal Act is amended in section 66, by- (a) adding the words “inspection fee” after the word “rent” appearing in subsection (1); and (b) adding the words “inspection fee” after the word “rent” appearing in subsection (3). Amendment of section 73 - 15 Verify source ↗
Amendment of section 73
AI-assisted research summary: This provision amends section 73 of the Principal Act by adding “tanzanite” and revising two definitions.
15. The principal Act is amended in section 73- (a) in subsection (4), by adding immediately after paragraph (g) the following: “(h) tanzanite.”; and (b) by adding immediately after subsection (4) the following: “(5) In this Part- (a) “metallic minerals” includes all than metallic minerals other gold; and (b) “coloured gemstone” includes all coloured gemstones other than diamond and tanzanite.”. - 16 Verify source ↗
Amendment of section 86A
AI-assisted research summary: If an importer has authentic import documents and has already paid royalty in the country of origin, royalty is not payable on disposal of the minerals. False or misleading statements made to get this benefit are an offence.
16. The principal Act is amended in section 86A, by- (a) adding immediately after subsection (3) the following: “(4) Notwithstanding subsection (3), where importer produces authentic the documents proving importation of minerals from outside the United Republic and that he Amendment of section 86A No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 has paid royalty in the country of origin, he shall not pay royalty upon disposal of such minerals. (5) A person who makes any statement which is false or misleading with the intention of obtaining benefit under subsection (4), commits an offence and upon conviction shall be liable to a fine of not less than five million shillings but not exceeding fifty million shillings or three times the value of the imported mineral, whichever is greater, or to imprisonment for a term of not less than one year but not exceeding two years or to both.”; and Amendment of section 87 (b) renumbering subsection (4) as subsection (6). - 17 Verify source ↗
Amendment of section 87
AI-assisted research summary: This section amends section 87(1) of the principal Act by adding a new paragraph about gemstones for export disposed of at the mineral auction fair, renumbering later paragraphs, and deleting subsection (6).
17. The principal Act is amended in section 87(1)- (a) in subsection (1), by- (i) adding immediately after paragraph (b) the following: “(c) in the case of gemstone for export disposed of at the mineral auction fair, or premium of fifteen per centum”; and international gem (ii) renaming paragraphs (c), (d), (e), (f), (g), (h) as paragraphs (d), (e), (f), (g), (h), (i) respectively; and (b) deleting subsection (6). Amendment of section 88 - 18 Verify source ↗
Amendment of section 88
AI-assisted research summary: This section amends section 88(4) of the principal Act by deleting a specified phrase.
18. The principal Act is amended in section 88(4) by deleting the phrase “has the meaning attributed to those words in subsection (6) of section 87 and that provision”. Amendment of section 90A - 19 Verify source ↗
Amendment of section 90A
AI-assisted research summary: This section amends section 90A(5) by adding wording after “producers” to include minerals disposed of during a government organised mineral auction or international gem fair.
19. The principal Act is amended in section 90A(5) by adding immediately after the word “producers”, the words “and minerals disposed of during government organised mineral auction or international gem fair.”. Amendment of section 100C - 20 Verify source ↗
Amendment of section 100C
AI-assisted research summary: Gemstones disposed of at a government organised mineral auction or an international gem fair may be exported.
20. The principal Act is amended in section 100C by adding immediately after subsection (7) the following- No. 12 The Written Laws (Miscellaneous Amendments) Act, 2024 “(8) Notwithstanding the provisions of section 100B(2) and subsections (3) and (4) of this section, gemstones disposed of during the government organised mineral auction or international gem fair may be exported.” Amendment of section 100D - 21 Verify source ↗
Amendment of section 100D
AI-assisted research summary: Section 100D(3) is amended so “shall not” is replaced with “may”.
21. The principal Act is amended in section 100D(3) by deleting the words “shall not” and substituting for them the word “may”. Amendment of section 106 - 22 Verify source ↗
Amendment of section 106
AI-assisted research summary: This section amends section 106(1) by adding “licensed dealer or licensed broker” after “holder” and before “who undertakes.”
22. The principal Act is amended in section 106(1) by inserting the words “licensed dealer or licensed broker” between the words “holder” and “who undertakes”. PART IV AMENDMENT OF THE TANZANIA FISHERIES RESEARCH INSTITUTE ACT, (CAP. 280) Construction Cap. 280
Part
PART IV
- 23 Verify source ↗
Construction
AI-assisted research summary: This Part must be read together with the Tanzania Fisheries Research Institute Act (the principal Act).
23. This Part shall be read as one with the Tanzania Fisheries Research Institute Act, hereinafter referred to as the “principal Act”. Amendment of section 21 - 24 Verify source ↗
Amendment of section 21
AI-assisted research summary: This section amends section 21 by adding a phrase that says failure is treated as termination of research, and the Institute must recommend research clearance to the Commission for Science and Technology.
24. The principal Act is amended in section 21 by adding immediately after paragraph (b) the following closing phrase: “that failure shall be construed as the termination of research and the Institute shall recommend to the Commission for Science and Technology for the research clearance.”. termination of Repeal of section 24 - 25 Verify source ↗
Repeal of section 24
AI-assisted research summary: This section repeals section 24 of the principal Act.
25. The principal Act is amended by repealing section 24. Passed by the National Assembly on the 02nd September, 2024 NENELWA JOYCE MWIHAMBI. Clerk of the National Assembly
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