The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020

This section gives the Act’s short title.

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020
Version: Undated source snapshot
Language: en
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administrative compliance administrative review agency operations agricultural inputs agriculture agriculture regulation amendment animal feed animal feed inspection animal grazing animal movement appeals bee keeping board composition co-operatives committee formation committee governance compliance conservation construction corporate governance criminal penalties cross-reference customer rights +110 more

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Statute overview

About this statute

This section gives the Act’s short title. This section says the Act’s listed written laws are amended as set out in their respective Parts. This Part is to be read together with the Advocates Act. This section amends the principal Act to add an exemption for certain advocates from provisions of the Act. An advocate appointed to a government, National Assembly, or Judiciary position has their practising certificate stayed until they leave that appointment or are otherwise authorised to practise.

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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020

Showing 130 of 130

Part

PART I

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2
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AI-assisted research summary: This section gives the Act’s short title.

1. This Act may be cited as the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020. Amendment of certain written laws
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Short title
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AI-assisted research summary: This section says the Act’s listed written laws are amended as set out in their respective 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 ADVOCATES ACT, (CAP. 341) Construction, Cap. 341

Part

PART II

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4
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AI-assisted research summary: This Part is to be read together with the Advocates Act.

3. This Part shall be read as one with the Advocates Act, hereinafter referred to as the “principal Act”. 7 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Addition of section 3A
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Construction
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AI-assisted research summary: This section amends the principal Act to add an exemption for certain advocates from provisions of the Act.

4. The principal Act is amended by adding immediately after section 3 the following: “Certain advocates exempted from provisions of the Act Cap. 268 Cap. 268 Cap. 268
3A
(1) Without prejudice to the
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AI-assisted research summary: An advocate appointed to a government, National Assembly, or Judiciary position has their practising certificate stayed until they leave that appointment or are otherwise authorised to practise.

3A.-(1) Without prejudice to the provisions of section 3, where an advocate is appointed by the President or any other authority to hold a position in the Government, National Assembly or Judiciary, his practising certificate shall be stayed until when he is relieved from his appointment, either by cessation of the appointment, retirement authorised to practice by the Attorney General pursuant to the provisions of section 17A of the Office of Attorney General (Discharge of Duties) Act. (2) An advocate referred to under subsection (1) shall be treated as a public servant from the date of his appointment and his status shall be reflected as such in the Roll until when he is relieved from his appointment or otherwise permitted to practice by the appointing authority, in which case he shall be required to comply with the provisions of this Act from the date he is relieved from his appointment or otherwise authorised to practice by the the Attorney General pursuant provisions of section 17A of the Office of Attorney General (Discharge of Duties) Act. to (3) An advocate referred under subsection (1) of this section and section 3(2) the Office of Attorney General (Discharge of Duties) Act shall be exempted from the annual processes of renewal certificates, practising submission of any returns or payment of fees and related costs until when he is of 8 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 from his relieved appointment or otherwise authorised to practice by the Attorney General pursuant the provisions of section 17A of the Office of Attorney General (Discharge of Duties) Act.”. to PART III AMENDMENT OF THE AGRICULTURAL INPUTS TRUST FUND ACT, (CAP. 401) Construction Cap. 401 Amendment of section 2

Part

PART III

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6
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AI-assisted research summary: This Part must be read together with the Agricultural Inputs Trust Fund Act, which is referred to as the principal Act.

5. This Part shall be read as one with the Agricultural Inputs Trust Fund Act, hereinafter referred to as the “principal Act”.
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7
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AI-assisted research summary: This provision amends section 2 of the principal Act to add “agricultural machinery” to the definition of “agricultural inputs.”

6. The principal Act is amended in section 2, by- (a) inserting the words “agricultural machinery” between the words “agricultural fertilizers” and “certified seeds” appearing in the definition of the term “agricultural inputs”; and (b) adding in its appropriate alphabetical order the following definition: ““agricultural machinery” propelled machines and implements;”. includes self trailed or pulled Amendment of section 7
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8
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AI-assisted research summary: This section changes how the Board is composed and gives the Minister and the Board certain powers.

7. The principal Act is amended in section 7- (a) in subsection (1), by deleting paragraph (b) and substituting for it the following: “(b) six other members to be appointed by the Minister as follows- (i) a representative from the Ministry responsible for agriculture; (ii) a representative from the Ministry responsible for finance; (iii) a representative from the Ministry 9 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 responsible for local government; (iv) a Law Officer from the Office of the Attorney General; (v) a member a recognized farmers association; and representing (vi) a member with experience in matters relating to agriculture and business.” (b) by adding immediately after subsection (3) the following: “(4) At least two of the members appointed under subsection (1), shall be women. (5) The Minister may, by order published in the Gazette, amend any of the provisions of the Schedule. (6) The Minister may, for the proper implementation of the objectives of this Act, give directives of general or specific nature to the Board. (7) 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 may consider necessary for better carrying out the functions of the Board under this Act.”. Amendment of section 8
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9
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AI-assisted research summary: Section 8 is amended to add a new paragraph allowing additional functions to be performed as required under the Act.

8. The principal Act is amended in section 8, by- (a) deleting the “fullstop” appearing at the end of it a (h) and substituting for paragraph “semicolon”; and (b) adding immediately after paragraph (h) the following: “(i) perform any other functions as may be required under this Act.” 10 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Addition of section 9A
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10
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AI-assisted research summary: This provision amends the principal Act by inserting new text immediately after section 9.

9. The principal Act is amended by adding immediately after section 9 the following: “Applicat- ion for loan
9A
A person who intends to secure
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AI-assisted research summary: A person who wants a loan must apply to the Fund in the way the regulations require.

9A. A person who intends to secure a loan shall apply to the Fund in a manner prescribed in the regulations.” Addition of section 12A
10
Construction
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AI-assisted research summary: This section amends the principal Act by inserting a new section after section 12 titled “Appeals”.

10. The principal Act is amended by adding immediately after section 12 the following: “Appeals
12A
A person who is aggrieved by
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AI-assisted research summary: A person aggrieved by the Board’s decision may appeal to the Minister within 30 days.

12A. A person who is aggrieved by the decision of regarding the Board implementation of the provisions of this Act may, within thirty days from the date of the decision, appeal to the Minister.” Construction Cap.131 Amendment of section 3 PART IV AMENDMENT OF THE ELECTRICITY ACT, (CAP. 131)

Part

PART IV

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12
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AI-assisted research summary: This Part must be read together with the Electricity Act, which is called the principal Act.

11. This Part shall be read as one with the Electricity Act, hereinafter referred to as the “principal Act”.
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13
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AI-assisted research summary: This section amends section 3 of the principal Act by replacing and adding definitions.

12. The principal Act is amended in section 3, by- (a) deleting the definitions of the terms “licensee” and “supply” and substituting for them the following : ““licensee” means a person authorised by the Authority to undertake a licensed activity;” “supply” means the sale of electricity by licensee to customers;”; and (b) inserting in its appropriate alphabetical order the following definitions: ““Commissioner” means a Commissioner for electricity affairs appointed under section 4A of the Act; “decommissioning” means the dismantle, removal or disposal of power plant facilities, structure, generating units, fuel processing units and transmission equipment and environment remediation;”. 11 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 4
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14
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AI-assisted research summary: This provision amends section 4 to define “emergency powers” for the section.

13. The principal Act is amended in section 4, by adding immediately after subsection (2) the following: “(3) For the purpose of this section, “emergency powers” means the mandate of the Minister to declare any situation as an emergency is characterized by an where immediate unforeseen shortfall in electricity supply leading to an inability to meet electricity demand.” the situation Addition of section 4A
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15
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AI-assisted research summary: This provision amends the principal Act by adding the words “Commissioner responsible for electricity affairs” after section 4.

14. The principal Act immediately after section 4 the following: is amended by adding "Commis- sioner responsible for electricity affairs
4A
(1) There
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AI-assisted research summary: A Commissioner for Electricity Affairs is appointed by the President and must advise the Minister on matters referred under section 4.

4A.-(1) There shall be a Commissioner for Electricity Affairs appointed by the President. for (2) The Commissioner Electricity Affairs shall be the advisor of the Minister on matters referred to under section 4.” Amendment of section 6
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16
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AI-assisted research summary: This section amends section 6 of the principal Act by deleting one subparagraph, renumbering others, and adding a 21-day time limit after “may” in subsection (4).

15. The principal Act is amended in section 6- (a) in subsection (2) (b), by- (i) deleting subparagraph (i); and (ii) renaming subparagraphs (ii) to (iv) as subparagraphs (i) to (iii); and (b) by adding the words “within twenty one days from the date of the decision” immediately after the word “may” appearing in subsection (4). Amendment of section 14
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17
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AI-assisted research summary: This provision amends section 14(12) by replacing “six” with “twelve” and notes the addition of section 14A.

16. The principal Act is amended in section 14(12) by deleting the word “six” and substituting for it the word “twelve”. Addition of section 14A
17
18
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AI-assisted research summary: This provision amends the principal Act by adding a new item titled “Obligation to decommission” after section 14.

17. The principal Act immediately after section 14 the following: is amended by adding “Obligation to decommission
14A
A licensee shall, except
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AI-assisted research summary: A licensee must decommission the infrastructure and government electricity supply installation when licensed activities stop, following the rules.

14A. A licensee shall, except decommissioning the where 12 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 is to reverted decommission the infrustructure an government, electricity supply installation upon cessation of the licensed activities in a manner prescribed in the rules.” Amendment of section 24
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19
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AI-assisted research summary: The licensee owns the electric supply lines and may use them to supply other people, as long as that does not harm supply to the first person who needed them. A payer under subsection (8) is entitled to reimbursement at the rate and in the manner set by regulations.

18. The principal Act is amended in section 24, by- (a) deleting subsection (8) and substituting for it the following: “(8) Notwithstanding any payments made for supply of electrical energy, electric supply lines shall be property of the licensee and may be used to supply other persons: Provided that, such use does not prejudicially affect the supply of electrical energy to the person who first required such electric supply lines to be laid down or erected. (9) A person who made payment in terms of subsection (8) shall be entitled to through by repayment reimbursement of cost of the electricity purchased or consumed at the rate and in the manner specified in the regulations.”; licensee the (b) deleting subsection (9). Amendment of sub-heading
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20
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AI-assisted research summary: This provision amends the principal Act by replacing the heading immediately before section 26 with “Customer Rights and Public Protection.”

19. The principal Act is amended by deleting the sub- immediately before section 26 and heading appearing substituting for it the following: “Customer Rights and Public Protection” Amendment of section 26
20
21
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AI-assisted research summary: This provision changes section 26 of the principal Act by deleting one word and replacing another.

20. The principal Act is amended in section 26, by- (a) deleting the word “ distribution” appearing in the opening phrase of subsection (1); and (b) deleting the word “consumers” appearing in subsection (2)(b) and substituting for it the word “customers”. 13 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 27
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22
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AI-assisted research summary: This provision amends section 27 of the principal Act by making drafting changes, including replacing “consumers” with “customers.”

21. The principal Act is amended in section 27, by- (a) deleting the word “Distribution” appearing in the marginal note; (b) designating the contents of subsection (1) as section 27; (c) deleting the word “distribution” appearing in the opening phrase of the designated section 27; and (d) deleting the word “consumers” wherever it appears in paragraphs (a), (b) and (c) and substituting for it the word “customers”.
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23
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AI-assisted research summary: This provision amends section 29 by inserting the words “and supply” after “distribution” in subsections (1) and (2).

22. The principal Act is amended in section 29- (a) in subsection (1), by adding the words “and supply” immediately after the word “distribution” appearing in the opening phrase; and (b) in subsection (2), by adding the words “and supply” immediately after the word “distribution” appearing in the opening phrase. Amendment of section 29 Amendment of section 30
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24
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AI-assisted research summary: This provision changes section 30(7) by replacing the word “regulation” with “rules”.

23. The principal Act is amended in section 30(7), by deleting the word “regulation” and substituting for it the word “rules”. Amendment of section 31
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25
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AI-assisted research summary: This provision amends section 31(1)(b) of the principal Act by replacing “regulations” with “regulations, rules”.

24. The principal Act is amended in section 31(1) by deleting the word “regulations” appearing in paragraph (b) and substituting for it the words “regulations, rules”. Amendment of section 35
25
26
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AI-assisted research summary: The licensee must acquire a wayleave for electricity facilities.

25. The principal Act is amended in section 35 by deleting subsection (1) and substituting for it the following: “(1) The licensee shall acquire a wayleave for electricity facilities.” Amendment of section 45
26
27
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AI-assisted research summary: This provision amends section 45 by adding a new paragraph on management and benchmarking of energy use and renumbering later paragraphs.

26. The principal Act is amended in section 45, by- (a) adding immediately after paragraph (b) the following: “(c) management and benchmarking of energy use;”; and 14 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 (b) renaming paragraphs (c) and (d) as paragraphs (d) and (e) respectively. Addition of section 48A
27
28
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AI-assisted research summary: This provision amends the principal Act by adding text after section 48, but the supplied text is incomplete.

27. The principal Act immediately after section 48 the following: is amended by adding “General penalty
48A
A person convicted of an
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AI-assisted research summary: If a person is convicted of an offence under this Act that has no specific penalty, the court may impose a fine between three million and ten million shillings; a continuing offence can also attract up to one million shillings per day after conviction.

48A. A person convicted of an offence under this Act for which no specific penalty is expressly provided, shall upon conviction, be liable to a fine of not less than three million shillings but not exceeding ten million shillings, and in the case of a continuing offence, to a fine not exceeding one million shillings for every day during which the offence continues after conviction.” PART V AMENDMENTS OF THE FERTILIZERS ACT, (CAP. 378) Construction Cap. 378 Amendment of section 4

Part

PART V

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29
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AI-assisted research summary: This Part must be read together with the Fertilizers Act.

28. This Part shall be read as one with the Fertilizers Act, hereinafter referred to as the “principal Act”.
29
30
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AI-assisted research summary: This provision amends section 4(1) of the principal Act, including adding a function on methods or systems for importing and exporting fertilizer and fertilizer supplements.

29. The principal Act is amended in section 4(1), by- (a) deleting the words “and sterilizing plants” appearing in paragraph (e) and substituting for and them manufacturing plants”; the words “sterilizing plants (b) adding immediately after paragraph (u) the following: “(v) specify appropriate methods or system of importation and exportation of fertilizer and fertilizer supplements;”; and (c) renaming paragraphs (v) and (w) as paragraphs (w) and (x) respectively. Amendment of section 5
30
31
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AI-assisted research summary: This provision amends section 5(2) of the principal Act by replacing “Agency” with “Authority” in paragraph (k).

30. The principal Act is amended in section 5(2), by deleting the word “Agency” appearing in paragraph (k) and substituting for it the word “Authority”. 15 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 8
31
32
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AI-assisted research summary: This provision amends section 8 of the principal Act to also cover a manufacturing plant.

31. The principal Act is amended in section 8 by adding the words "or manufacturing plant" immediately after the words "sterilizing plant" appearing in subsections (1) and (2) respectively. Amendment of section 13
32
33
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AI-assisted research summary: This provision amends section 13(3) of the principal Act by changing punctuation and adding new information requirements, including the physical address of the premises where the fertilizer business will be conducted and any other information required by the Board.

32. The principal Act is amended in section 13(3), by- (a) deleting the word “and” appearing at the end of paragraph (b); (b) deleting the “fullstop” appering at the end of paragraph (c) and substituting for it a semicolon; and (c) adding immediately after paragraph (c) the following: “(d) physical address of the premise where the fertilizer business will be conducted; and (e) any other information as may be required by the Board.”. Amendment of section 34A Amendment of section 40
33
34
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AI-assisted research summary: This section amends section 34A(2) by deleting the word “General” from paragraph (b).

33. The principal Act is amended in section 34A(2), by deleting the word “General” appearing in paragraph (b).
34
35
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AI-assisted research summary: This provision amends section 40 and replaces the penalty rules for offences under the Act, including specific fines and possible imprisonment for fertilizer manufacturers/importers, distributors/wholesalers, retailers, and other persons.

34. The principal Act is amended in section 40- (a) in subsection (1), by- (i) adding immediately after paragraph (n) the or sells fertilizer following: fertilizer “(o) supplements above the indicative price; (p) sells fertilizer or fertilizer supplements in an open bag or packaging or labelling in a manner contrary to the requirements of this Act;”; (ii) renaming paragraphs (o) and (p) as paragraphs (q) and (r) respectively; (b) by deleting subsection (2) and substituting for it the following: “(2) Any person who commits an offence against the provisions of this Act shall, upon 16 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 conviction, be liable- (a) in a the less case of fertilizer manufacturer or importer, to a fine of not ten million than shillings but not exceeding five hundred million shillings or to imprisonment for a term not less than three years but not exceeding seven years or to both; (b) in the case of distributor or wholesaler, to a fine of not less than five million shillings but not exceeding four hundred million shillings or to imprisonment for a term not less than two years but not exceeding five years or to both; (c) in the case of a retailer, to a fine two hundred than less not not but shillings thousands exceeding two hundred million shillings or to imprisonment for a term of not less than six months but not exceeding three years or to both; and (d) in the case of a person who is not covered under paragraphs (a), (b) or (c) to a fine not less than one hundred thousands shillings but not fifty million shillings or to imprisonment for a term of not less than three months but not exceeding twelve months or to both. exceeding 17 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 40A
35
36
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AI-assisted research summary: The Director must submit quarterly reports of all compounded offences under section 40A to the Director of Public Prosecutions.

35. The principal Act is amended in section 40A, by adding immediately after subsection (5) the following: “(6) The Director submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions.” shall Amendment of section 50
36
37
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AI-assisted research summary: The Minister may restrict or prohibit the import or export of fertilizer and fertilizer supplements to promote domestic production and sufficient distribution within the country.

36. The principal Act is amended in section 50, by- (a) deleting the marginal note and substituting for it the following: “Exemption, restriction and prohibition”; (b) designating the contents of section 50 as subsection (1); and (c) adding immediately after the designated subsection (1) the following: “(2) Notwithstanding the provisions of section 26, the Minister may, for purposes of promoting domestic production and sufficient distribution of fertilizer fertilizer supplements within the country, restrict or prohibit importation of exportation or fertilizer and fertilizer supplements.” and Amendment of section 51
37
38
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AI-assisted research summary: This section amends an existing law to add wording about prescribing the method or system for importing and exporting fertilizer and fertilizer supplements, and it renumbers a paragraph.

37. The principal Act is amended in section 51(2), by- (a) adding immediately after paragraph (v) the following: “(w) prescribing appropriate method or system of importation and exportation of fertilizer and fertilizer supplements;”; (b) renaming paragraph (w) as paragraph (x). Amendment of Schedule

Part

Schedule

38
Construction
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AI-assisted research summary: This section amends paragraph 1(1) of the Schedule to the principal Act, changing some references and the number of representatives.

38. The principal Act is amended in paragraph 1(1) of the Schedule, by- (a) deleting the word “ten” appearing in the opening phrase and substituting for it the word “eight”; (b) deleting paragraphs (a) and (b) and substituting for them the following: representative “(a) a from the Ministry 18 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 responsible for agriculture; from representative (b) a the Ministry responsible for local government;" (c) deleting the words representatives" appearing in paragraph (d) and substituting for them the words "one representative"; "two (d) deleting paragraphs (g), (h) and (i) and substituting for them the following: “(g) a from higher representative learning institutions or research institutions dealing with soil science, soil production and soil fertility; a respresentative from the Government Chemisty Laboratory Authority.”. (h) PART VI AMENDMENT OF THE FOREST ACT, (CAP. 323)
60
61
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AI-assisted research summary: This section changes the penalties in section 39 of the principal Act.

60. The principal Act is amended in section 39 by deleting the words “not exceeding shillings one million or to imprisonment for a term not exceeding six months” and substituting for them the words “not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding two years”.
61
62
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AI-assisted research summary: This section amends section 44 by adding the words “and forage conservation practices” after “resources” in paragraph (d).

61. The principal Act is amended in section 44 by adding the words “and forage conservation practices” immediately after the word “resources” appearing at the end of paragraph (d).
62
63
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AI-assisted research summary: This provision amends the Second Schedule of the principal Act by adding listed terms in paragraph 4 and inserting a new paragraph 6 about items included in compounding animal feeds.

62. The principal Act is amended in the Second Schedule, by- (a) adding the words “mycotoxins, cadimium” “pathogenic the words immediately materials” appearing in paragraph 4; and after (b) adding immediately after paragraph 5 the following: “6. All growth promoters, harmful fly maggots, veterinary drugs enzymes, included in compounding animal feeds.

Part

PART VI

39
40
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AI-assisted research summary: This Part must be read together with the Forest Act, which is called the principal Act.

39. This Part shall be read as one with the Forest Act, hereinafter referred to as the “principal Act”.
40
41
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AI-assisted research summary: This provision amends section 2 by adding definitions for “Agency,” “Conservation Commissioner,” and “Service.”

40. The principal Act is amended in section 2 by adding in the appropriate alphabetical order the following definitions: ““Agency” means the Tanzania Forest Service the Executive Agency established under Agencies Act; Construction Cap.323 Amendment of section 2 Cap. 245 “Conservation Commissioner” means the head of Tanzania Forest Service Agency; Cap. 283 “Service” shall have the meaning ascribed to it under the Wildlife Conservation Act;”. Addition of section 95A
41
Construction
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AI-assisted research summary: This section amends the principal Act by inserting new text immediately after section 95.

41. The principal Act is amended by adding immediately after section 95 the following:
95A
(1) The
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AI-assisted research summary: Sections 10, 11, and 12 of the Wildlife Conservation Act apply to the Service’s operations in any forest area. Agency employees who perform conservation functions are treated as part of the Service, may exercise the Service’s powers, and are accountable to the Commissioner.

95A.-(1) The “Application of certain provisions of Wildlife of sections 10, 11 and 12 of the Wildlife Conservation Act shall apply in relation to provisions 19 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Conservation Act the operations of the Service within any forest area. Cap .283 forest (2) For the purpose of subsection (1), all employees of the Agency who resources and perform conservation functions shall form part of the Service and exercise all powers of the Service as provided for under the Wildlife Conservation Act. bee (3) In the performance of their functions and exercise of their powers relating to the Service, all employees referred to in subsection (2) shall be accountable Conservation to Commissioner.”. the PART VII AMENDMENT OF THE GRAZING LAND AND ANIMAL FEED RESOURCES ACT, (CAP.180) Construction Cap.180

Part

PART VII

42
43
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AI-assisted research summary: This section says Part 42 must be read together with the Grazing Land and Animal Feed Resources Act, called the principal Act.

42. This Part shall be read as one with the Grazing Land and Animal Feed Resources Act, hereinafter referred to as the “principal Act”. Amendment of section 3
43
44
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AI-assisted research summary: This provision amends section 3 by revising one definition, removing one definition, and adding new definitions for several terms related to animal feed regulation.

43. The principal Act is amended in section 3, by- (a) deleting the words “veterinary science” appearing in the definition of the term “animal feed scientist”; (b) deleting the definition of the term “feed additives’’ and substituting for it the following: not ““feed additives” means any intentionally added normally ingredient consumed as feed by itself, whether or not it has nutritional value or other effect on the animal which affects the characteristics of feed or of the animal products, micro-organism, enzymes, pH regulators, trace elements, vitamins 20 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 and other products falling within the definition depending on the purpose of use and method of administration excluding veterinary drugs;” (c) adding in the appropriate alphabetical order the following new definitions: ““competent authority” means the Director or any other officer delegated as such by the Director to perform the functions under this Act; “exporter” means a person or institution authorized to export animal feed resources from Mainland Tanzania; “inspector” means an animal feeds or grazing land inspector designated as such under this Act; “registrable animal feed resources” means all for resources animal submitted registration to the competent authority; feed “registered animal feed resources” means animal feed resources registered by the Director; and “registered grazing farm” means a piece of land owned by an individual or group of persons other than Government owned grazing farms either established or with natural forage for animal feeding”. Amendment of section 4
44
45
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AI-assisted research summary: This section amends section 4 of the principal Act by adding a new subsection allowing the Council to co-opt a member from another ministry or institution when needed, deleting words in subsection (5), and renumbering subsections.

44. The principal Act is amended in section 4, by- (a) adding immediately after subsection (3) the following: “(4) The Council may co-opt a member from any other ministry or institution as it may consider necessary for the proper performance of functions of the Council.”; (b) deleting the words “of Grazing land” appearing in subsection (5); and 21 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 5 (c) renumbering subsections (4) and (5) as subsections (5) and (6) respectively.
45
46
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AI-assisted research summary: This provision amends section 5(2) of the principal Act by changing paragraph (d) and adding a new paragraph (e) about managing and controlling grazing-land, animal feed resources, and trade.

45. The principal Act is amended in section 5(2), by- (a) deleting the “fullstop” appearing at the end of paragraph (d) and substituting for it a “semicolon” and the word “and”; and (b) adding immediately after paragraph (d), the following: “(e) manage and control grazing-land, animal feed resources and trade;” Amendment of section 7
46
47
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AI-assisted research summary: This amendment tightens qualifications for animal feed and grazing-land inspectors and lists the functions inspectors must perform.

46. The principal Act is amended in section 7- (a) by deleting subsection (2) and substituting for it the following- “(2) A person shall not be qualified for designation as- (a) an animal feed inspector unless that person possesses a minimum or equivalent qualification of a bachelor degree in animal science, technology, animal feeds technology or aquaculture; and laboratory (b) a grazing-land possesses inspector unless a minimum that person or equivalent qualification of a bachelor degree range or animal science.” in animal (b) by deleting subsection (3) and substituting for it the following: “(3) An inspector appointed in terms of subsection (1) shall perform the following functions- (a) in the case of an animal feeds inspector- (i) to inspect premises, dealing feed and handling animal 22 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 resources for compliance; (ii) to take feed samples or feed additives the prescribed manner for the purpose of analysis; and in (iii) to take such measures as in the opinion of the Director, shall be necessary or expedient for prevention of manufacturing of compounded animal feeds or feed additives; (b) in the case of a grazing land inspector- (i) to inspect the conditions of specified take grazing-land period of sample if necessary; time and in (ii) to instruct the manner and extent livestock to which operations will be conducted in order to meet the multiple use, sustained yield, economic, and other needs and obejectives as determined for the lands involved; (iii) to describe the type, location, general ownership specifications for the range management plan; and and (iv) to any perform other functions as may be directed by the Director.”; inserting (c) in subsection (4), by the world “grazing land” between the words “relate to” and “animal feed”. Amendment of section 8
47
48
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AI-assisted research summary: This section amends section 8 of the principal Act by renaming the marginal note, changing the opening words of subsection (1), and deleting subsection (3).

47. The principal Act is amended in section 8, by- (a) deleting the marginal note and substituting for it 23 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 the following: “Powers of animal feed inspector”; (b) deleting the word “The” appearing in the opening phrase of subsection (1) and substituting for it the words “An animal feed inspector”; and (c) deleting subsection (3). Addition of section 8A
48
49
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AI-assisted research summary: This provision amends the principal Act by inserting a new section after section 8 titled “Powers of grazing-land inspector.”

48. The principal Act is amended by adding immediately after section 8 the following: “Powers of grazing- land inspector
8A
(1) A grazing-land inspector
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AI-assisted research summary: A grazing-land inspector may enter grazing-land at any reasonable time to carry out functions under the Act.

8A.-(1) A grazing-land inspector may, at any reasonable time, enter into any grazing-land for the purposes of exercising the functions under this Act. (2) The grazing-land standards, enforce inspector designs, shall construction and maintenance criteria for grazing-land improvement and other additional conditions or modifications made or prescribed by the Minister.” Amendment of section 9
49
50
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AI-assisted research summary: This provision amends section 9 by replacing “inspector” with “animal feed inspector” in subsection (1).

49. The principal Act is amended in section 9 by deleting the word “inspector” appearing in the opening phrase of subsection (1) and substituting for it the words “animal feed inspector”. Amendment of section 14 Amendment of section 16
50
51
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AI-assisted research summary: This provision amends section 14(1) by replacing “inspector” with “animal feed inspector.”

50. The principal Act is amended in section 14 by deleting the word “inspector” appearing in subsection (1) and substituting for it the words “animal feed inspector” .
51
52
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AI-assisted research summary: This provision amends section 16 to require protected, marked, registered, and Gazette-published grazing land, and creates an offence for anyone who changes grazing-land use contrary to its designated use.

51. The principal Act is amended in section 16, by- (a) adding immediately after subsection (1) the following: the “(2) The grazing-land delineated by villages through land use planning shall be protected with clear marks on its boundaries, registered and published in the Gazette.” (b) renumbering subsection (2) as subsection (3); and 24 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 (c) adding immediately after subsection (3) as renumbered the following: “(4) Any person who alters, interferes or changes grazing-land use contrary to the usage for which the land use was demarcated or delienated commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than two years or to both.”. Amendment of section 17
52
53
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AI-assisted research summary: This provision amends section 17 of the principal Act by deleting the word “communally” from subsection (2) and substituting other words, but the replacement text is incomplete in the source.

52. The principal Act is amended in section 17 by deleting the word “communally” appearing in subsection (2) the words “communally, co- and substituting for operatively”. it Amendment of section 18
53
54
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AI-assisted research summary: A person who uses grazing land must improve and develop it as required by the regulations.

53. The principal Act is amended in section 18 by adding immediately after subsection (3) the following: Amendment of section 20 Amendment of section 30 “(4) Subject to subsection (1), a person who uses grazing-land shall be responsible for improving and developing such land in the manner prescribed in the regulations.”
54
55
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AI-assisted research summary: This provision amends section 20 of the principal Act by replacing “an inspector” with “a grazing-land inspector” and “three years” with “six months”.

54.The principal Act is amended in section 20, by- (a) deleting the words “an inspector” appearing in subsection (1) and substituting for them the words “a grazing-land inspector”; and (b) deleting the words “three years” appearing at the end of subsection (3) and substituting for them the words “six months”.
55
56
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AI-assisted research summary: Section 55 amends section 30 of the principal Act by adding “withdrawal period” to subsection (1), renumbering paragraphs, and replacing the penalty wording in subsection (3).

55. The principal Act is amended in section 30- (a) in subsection (1), by- (i) adding immediately after paragraph (i), the following: “(j) withdrawal period.”; and (j) and (ii) renaming paragraphs (k) as paragraphs (k) and (l) respectively; and (b) in subsection (3), by deleting the words “not 25 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 shillings three million exceeding to imprisonment for a term not exceeding two years” and substituting for them the words “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”. or Amendment of section 33 Amendment of section 34
56
57
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AI-assisted research summary: This section changes the penalty in section 33(2) to a fine of at least 5 million shillings and up to 50 million shillings, or imprisonment for at least 2 years.

56. The principal Act is amended in section 33(2) by deleting the words “not exceeding shillings one million or to imprisonment for a term not exceeding six months” and substituting for them the words “not less than five million shillings but not exceeding fifty million shillings or to imprisonment for a term of not less than two years”.
57
58
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AI-assisted research summary: This section amends section 34 of the principal Act by deleting and replacing specified wording, including changing one amount to “not less than five million shillings.”

57. The principal Act is amended in section 34, by- (a) deleting the words “resources a container or” appearing in subsection (1) and substituting for them the word “resources,”; and (b) deleting the words “not exceeding shillings three (4) and in million” appearing substituting for them the words “not less than five million shillings”. subsection Amendment of section 38
58
59
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AI-assisted research summary: This provision amends section 38 of the principal Act to add “and co-operatives” after “associations” in paragraph (d), and it adds new sections 38A, 38B, and 38C.

58. The principal Act is amended in section 38 by adding the words “and co-operatives” immediately after the word “associations” appearing in paragraph (d). Addition of sections 38A, 38B and 38C
59
60
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AI-assisted research summary: This section amends the principal Act to add a provision about prohibiting movement of animals into Mainland Tanzania after section 38.

59. The principal Act immediately after section 38 the following: is amended by adding “Prohibition of movement of animal into Mainland Tanzania
38A
(1) A person shall not move
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AI-assisted research summary: A person must not move an animal into Mainland Tanzania for grazing or access to water.

38A.-(1) A person shall not move an animal into Mainland Tanzania for the purposes of grazing or accessing water. (2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to- (a) in the case where the animal associated with the offence is 26 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 cattle, donkey, horse or water buffalo, to a fine of not less than one hundred thousand shillings for each animal; and (b) in the case where the animal associated with the offence is a goat, pig or such other animal, to a fine of not less than twenty thousand shillings for each animal. (3) Where a person fails to pay the fine referred to in subsection (2) within seven days, the court may, in addition to any other penalty that may be imposed, order confiscation of in the animals the offence was respect of which committed, and all animals confiscated shall be disposed of in the manner which the court directs. Compound- ing of offences at any the
38B
(1) Notwithstanding
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AI-assisted research summary: The Director, or a person the Director authorises in writing, may compound certain offences after a written admission and before court proceedings begin, and can require payment of up to two thirds of the otherwise applicable fine.

38B.-(1) Notwithstanding provisions of this Act relating to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Director or a person authorised by him in writing the may, commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding two thirds 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. time prior to (2) Where the person fails to the compounding order the this section within comply with issued under 27 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 prescribed period, the Director or a person authorised by him may, in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to comply with subsection (2), the Director may enforce the compounding order and the same in interest accrued manner as a decree of a court. thereof (4) The Director shall submit quarterly reports of all compounded offences under this section to the Director of Public Prosecutions. (5) Forms and manner of compounding of offences shall be as prescribed in the regulations made under this Act. Prohibition to graze on designated areas
38C
(1) A person shall not graze
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AI-assisted research summary: This section prohibits grazing in specified government and registered grazing areas, and only authorised persons may graze in a demarcated grazing land.

38C.-(1) A person shall not graze on Government owned areas, holding grounds, any registered grazing farm. livestock markets or (2) A person other than an authorised person shall not graze animal in a demarcated grazing land. (3) A person who contravenes this section commits an offence and shall, upon conviction- (a) in the case where the animal is cattle, associated with offence donkey, camel, horse or water buffalo, be liable to a fine of not less than thousand shillings but not fifteen exceeding twenty thousand shillings per each animal; and (b) in the case where the animal associated with offence is sheep, goat, pig or 28 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 less than such other animal, be liable to a fine thousand of not shillings but not exceeding five thousand shillings per each animal, or to imprisonment for a term of not less than two years or to both.” three Amendment of section 39 Amendment of section 44 Amendment of Second Schedule

Part

Schedule, by-

7
8
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AI-assisted research summary: This provision amends the Third Schedule concerning animal feeds resources containing genetically modified organisms.

7. Animal feeds resources containing genetically modified organisms.”. Amendment of Third Schedule
63
Construction
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AI-assisted research summary: This section amends the Third Schedule of the principal Act, revising item M on feed additives and renaming and deleting parts of item P.

63. The principal Act is amended in the Third Schedule- (a) in item “M” relating to “FEED ADDITIVES” by deleting appearing immediately below the item and substituting for it the whole paragraph 29 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 the following paragraph- include micro-organism, “These enzymes, pH trace elements, regulators, vitamins and other products fall within the definition depending on the purpose of use and method of administration, veterinary drugs excluded.”. (b) in item P, by- (i) renaming item P as item N; (ii) deleting paragraphs (a), (f) and (h) appearing below the words: naturally “Any of the following substances not occurring other ingredient” and renaming paragraphs (b), (c), (d), (e) and (g) as paragraphs (a), (b), (c), (d) and (e).”. any in PART VIII AMENDMENT OF THE INTERPRETATION OF LAWS ACT, (CAP. 1) Construction Cap. 1 Amendment of section 54 the

Part

PART VIII

64
65
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AI-assisted research summary: This Part must be read together with the Interpretation of Laws Act, which is called the “principal Act” here.

64. This Part shall be read as one with Interpretation of Laws Act, hereinafter referred to as the “principal Act”.
65
Construction
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AI-assisted research summary: This provision amends section 54(1) by replacing the word “board” with “body” in subsections (2) and (4).

65. The principal Act is amended in section 54(1), by deleting the word “board” wherever it appears in subsections (2) and (4) and substituting for it the word “body”. PART IX AMENDMENT OF THE LABOUR INSTITUTIONS ACT, (CAP. 300) 30 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Construction Cap. 300

Part

PART IX

66
67
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AI-assisted research summary: This section says this Part must be read together with the Labour Institutions Act, called the principal Act.

66. This Part shall be read as one with the Labour Institutions Act, hereinafter referred to as the “principal Act”. Amendment of section 50 Repeal and replacement of section 54
67
68
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AI-assisted research summary: Section 50 is amended to allow the Chief Justice to consider adding the number of Deputy Registrars needed.

67. The principal Act is amended in section 50- (a) in subsection (2), by - (i) adding immediately after paragraph (a) the following: “(b) such number of Deputy Registrars as the Chief Justice may consider necessary; and”; (ii) renaming paragraph (b) as paragraph (c); (b) in subsection (3), by deleting figure “(2)(b)” and substituting for it figure “(2)(c)”.
68
Construction
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AI-assisted research summary: This section amends the principal Act by repealing section 54 and replacing it with new text.

68. The principal Act is amended by repealing section 54 and replacing it with the following:
54
55
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AI-assisted research summary: Deputy Registrars are to exercise the powers and perform the duties given to them under the listed laws and rules.

54. There "Deputy Registrars shall be Deputy Registrars who shall exercise powers and perform such duties as are conferred under- Cap. 237 Cap. 33 (a) section 28(8) of the Judiciary Administration Act; (b) Order XLIII of the Civil Procedure Code; and (c) rules made by the Chief Justice under section 55." PART X AMENDMENT OF THE NATIONAL DEFENCE ACT, (CAP. 192) Construction Cap. 192

Part

PART X

69
70
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AI-assisted research summary: This provision says Part 69 is to be read together with the National Defence Act, which is called the principal Act.

69. This Part shall be read as one with the National Defence Act, hereinafter referred to as the “principal Act”. General amendment
70
71
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AI-assisted research summary: This section amends the principal Act by replacing “Defence Forces Committee” with “Defence Forces Council” wherever the former appears.

70. The principal Act is amended generally, by deleting the words “Defence Forces Committee” wherever they appear in the Act and substituting for them the words “Defence Forces Council”. 31 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 3
71
72
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AI-assisted research summary: This provision amends section 3 of the principal Act and adds a new definition for “Planning and Implementation Committee” (PIC), linked to section 7A.

71. The principal Act is amended in section 3- (a) in the definition of the term “Defence Forces Committee” as amended, by deleting the word “Committee” and substituting for it the word “Council”; and (b) by adding in the appropriate alphabetical order the following definition: ““Planning and Implementation Committee” or in the its acronym “PIC” means Committee established under section 7A;”. Addition of section 7A
72
Construction
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AI-assisted research summary: The Act is amended by adding “Planning and Implementation Committee” after section 7.

72. The principal Act immediately after section 7 the following: is amended by adding “Planning and Implementation Committee
7A
(1) There is established the
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AI-assisted research summary: A Planning and Implementation Committee is established, and the Chief of Defence Forces must prescribe its composition and proceedings by order.

7A.-(1) There is established the Planning and Implementation Committee whose composition and proceedings shall be prescribed in the order issued by the Chief of Defence Forces. for planning (2) The Committee shall be responsible and the implementation of all functions which are conferred on the Chief of Defence Forces by law pertaining to all matters of supply, administration, development, conduct and discipline of the Defence Forces. (3) Nothing in this section shall be construed as conferring on the Committee any powers or responsibilities for the operational use of Defence Forces. (4) All acts of the Committee shall be signified by the Chief of Defence Forces or Chief of Staff and Secretary to the Committee.”. 32 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 PART XI AMENDMENT OF THE NATIONAL PARKS ACT, (CAP. 282) Construction Cap.282

Part

PART XI

73
74
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AI-assisted research summary: This section says the Part is to be read together with the National Parks Act, which is called the principal Act.

73. This Part shall be read as one with the National Parks Act, hereinafter referred to as the “principal Act”. Amendment of section 2
74
75
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AI-assisted research summary: This section amends section 2 of the principal Act by adding two definitions.

74. The principal Act is amended in section 2 by adding in the appropriate alphabetical order the following definitions: ““Conservation Commissioner” means the head of Cap.283 “Service” shall have the meaning ascribed to it under the Wildlife Conservation Act;”. Tanzania National Parks; Repeal and replacement of section 31
75
Construction
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AI-assisted research summary: This section amends the principal Act by repealing section 31 and replacing it with new text starting “Application of certain provisions of Wildlife Conservation Act Cap. 283”.

75. The principal Act is amended by repealing section 31 and replacing for it the following: “Application of certain provisions of Wildlife Conservation Act Cap. 283
31
32
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AI-assisted research summary: Sections 10, 11, and 12 of the Wildlife Conservation Act apply to the Service’s operations in National Parks.

31.-(1) The provisions of sections 10, 11 and 12 of the Wildlife Conservation Act shall apply in relation to the operations of the Service within the National Parks. (2) For the purposes of subsection (1), the employees of Tanzania National Parks who perform wildlife conservation functions shall form part of the Service and the Service as exercise all powers of provided the Wildlife under Conservation Act. for (3) In the performance of their their powers the Service, all employees in subsection (2) shall be Conservation functions and exercise of relating to to referred accountable Commissioner.”. the to 33 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 PART XII AMENDMENT OF THE NGORONGORO CONSERVATION AREA ACT, (CAP. 284) Construction Cap.284 the

Part

PART XII

76
77
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AI-assisted research summary: This Part is to be read together with the Ngorongoro Conservation Area Act, which is called the principal Act.

76. This Part shall be read as one with Ngorongoro Conservation Area Act, hereinafter referred to as the “principal Act”. Amendment of section 2
77
78
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AI-assisted research summary: This provision amends section 2 of the principal Act by adding definitions, including “Service” as defined by the Wildlife Conservation Act.

77. The principal Act is amended in section 2, by adding in the appropriate alphabetical order the following definitions: “Conservation Commissioner” the the Conservation Area means Conservator of appointed under section 7; Cap .283 Addition of section 42A “Service” shall have the meaning ascribed to it under the Wildlife Conservation Act;”.
78
Construction
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AI-assisted research summary: This provision amends the principal Act by adding text after section 42.

78. The principal Act is amended by adding immediately after section 42 the following: “Application of certain provisions of Wildlife Conservation Act Cap .283
42A
(1) The provisions of sections
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AI-assisted research summary: Sections 10, 11 and 12 of the Wildlife Conservation Act apply to the Service’s operations within the Conservation Area.

42A.-(1) The provisions of sections 10, 11 and 12 of the Wildlife Conservation Act shall apply in relation to the operations of the Service within the Conservation Area. (2) For the purpose of subsection (1), the Ngorongoro of all Conservation Area Authority who perform wildlife conservation functions shall form part of the Service and shall exercise all powers of the Service as provided for under the Wildlife Conservation Act. employees (3) In the performance of their their powers the Service, all employees in subsection (2) shall be Conservation functions and exercise of to relating referred to accountable Commissioner.”. the to 34 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 PART XIII AMENDMENT OF THE SEEDS ACT, (CAP. 308) Construction Cap. 308 Addition of section 24A

Part

PART XIII

79
80
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AI-assisted research summary: This section says this Part must be read together with the Seeds Act, which it calls the principal Act.

79. This Part shall be read as one with the Seeds Act, hereinafter referred to as the “principal Act”.
80
81
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AI-assisted research summary: This section amends the principal Act by adding a new item titled “Recognition of seed certification agencies of foreign countries” after section 24.

80. The principal Act immediately after section 24 the following: is amended by adding “Recognition of seed certification agencies of foreign countries
24A
The Minister may, on the
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AI-assisted research summary: The Minister may recognise any agency established in a foreign country for the purposes of the Act, if recommended by the Institute and notified in the Gazette.

24A. The Minister may, on the recommendation of the Institute and by notice published the Gazette, recognise for the purposes of this Act, any agency established in any foreign country.” certification seed in Amendment of section 26
81
82
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AI-assisted research summary: This section amends section 26(1) by replacing a lower penalty with a higher penalty, increasing the fine to fifty million shillings or imprisonment for up to five years.

81. The principal Act is amended in section 26(1) by deleting the words “five million shillings or to imprisonment for a term not exceeding one year” and substituting for them the words “fifty million shillings or to imprisonment for a term not exceeding five years”. Addition of section 32A
82
83
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AI-assisted research summary: This section amends the principal Act by adding new text immediately after section 32, titled “Compounding of offences legislation,”.

82. The principal Act immediately after section 32 the following: is amended by adding “Compounding of offences legislation,
32A
(1) Notwithstanding
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AI-assisted research summary: The Chief Seed Certification Officer may compound certain offences if the person admits them in writing, before court proceedings start, and may order payment of up to half the usual fine.

32A.-(1) Notwithstanding this Act relating the provisions of to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector the Chief Seed Certification Officer or a person authorised by him in writing may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of fine to which such 35 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Chief Seed Certification Officer or a person authorised by him may in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to comply with subsection (2), the Chief Seed Certification Officer may enforce the compounding order and interest accrued thereof in the same manner as a decree of a court. (4) The Chief Seed Certification Officer shall submit quarterly reports of all compounded offences under this section the Director of Public Prosecutions. to (5) Forms and manner of compounding of offences shall be as prescribed the regulations made under this Act.”. in Amendment of section 33
83
84
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AI-assisted research summary: This section amends section 33(2) of the principal Act by replacing “breeder's” with “pre-basic” in paragraph (e).

83. The principal Act is amended in section 33(2) by deleting the word “breeder's” appearing in paragraph (e) and substituting for it the word “pre-basic”. PART XIV AMENDMENT OF THE SUGAR INDUSTRY ACT, (CAP. 251) Construction Cap. 251

Part

PART XIV

84
85
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AI-assisted research summary: This section says this Part must be read together with the Sugar Industry Act, which it calls the principal Act.

84. This Part shall be read as one with the Sugar Industry Act, hereinafter referred to as the “principal Act”. 36 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 2
85
86
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AI-assisted research summary: This provision amends the sugar law’s definitions and adds new terms for sugar importer, sugar by-products, and sugar distributor.

85. The principal Act is amended in section 2, by- (a) deleting the definition of the terms “export”, “import”, “manufacturer” and “sugar exporter” and substituting for them the following: ““export” means export of sugar or sugar by- products outside Mainland Tanzania; “import” means import of sugar or sugar by- products into Mainland Tanzania; “manufacturer” means a person registered and licensed by the Board to manufacture sugar or sugar by-products; “sugar exporter” means a person registered and licensed by the Board to export sugar or sugar by-products outside Mainland Tanzania;”; (b) adding in the appropriate alphabetical order the following definitions: ““sugar importer” means a person registered and licensed by the Board to import sugar or sugar by-products into Mainland Tanzania; “sugar by-products” means molasses, briquettes, bagasse and such other by- products as may be derived from sugar; and “sugar distributor” means a person registered by the Board to distribute sugar or sugar by-products in accordance with the provisions of this Act;”. Amendment of section 4
86
87
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AI-assisted research summary: This provision changes section 4(2) so that paragraph (b) now ends with “sugar plants and sugar distributors” instead of “and sugar plants.”

86. The principal Act is amended in section 4(2) by deleting the words “and sugar plants” appearing at the end of paragraph (b) and substituting for them the words “sugar plants and sugar distributors”. 37 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Amendment of section 6
87
88
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AI-assisted research summary: This provision amends section 6(4) of the principal Act by replacing the word “Council” with “Institute”.

87. The principal Act is amended in section 6(4) by deleting the word “Council” and substituting for it the word “Institute”. Amendment of section 9
88
89
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AI-assisted research summary: This provision amends section 9(1) of the principal Act, replacing “authority of the Director” with “approval of the relevant authority”.

88. The principal Act is amended in section 9(1) by deleting the words “authority of the Director” and substituting for them the words “approval of the relevant authority”. Amendment of section 11A
89
90
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AI-assisted research summary: This section amends section 11A and adds rules about setting an indicative price based on production costs.

89. The principal Act is amended in section 11A, by- (a) designating the contents of that section as subsection (1); and (b) adding immediately after the designated subsection (1) the following: “(2) Before prescribing the indicative price under in subsection consultation with manufacturers and cane growers, establish production cost which shall form basis for the minimum or maximum price. the Board shall, (1), (3) For the purpose of facilitating prescription of indicative price under this section, cane growers and manufacturers shall avail all information necessary as the Board may require for establishing production costs.”. Addition of section 11B
90
91
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AI-assisted research summary: This section amends the principal Act by inserting a new Part IV heading about registration of mills or facilities.

90. The principal Act is amended by adding immediately below the heading of Part IV the following: “Registration of mills or facilities
11B
(1) A person who intends to
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AI-assisted research summary: A person who wants to install a sugar mill or sugar-manufacturing facility must apply to the Board for registration in the prescribed manner.

11B.-(1) A person who intends to install a mill or facility to manufacture sugar shall apply for registration to the Board in a manner prescribed in the regulations. (2) The Board may refuse to register a person to install and operate a mill or facility stated in subsection (1) for the reasons that- 38 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 exists already (a) in the vicinity of the place the mill or facility is to be located there an operating mill or facility and the surrounding land suitable for sugarcane is not sufficient to produce enough sugarcane to operate two mills or facilities economically; (b) important resources such as water are not sufficient to support two mills or facilities on suitable basis; and (c) the mill or facility to be installed shall adversely impact the environment, the society or the economic viability of sugar industry in general. (3) The Board shall, before refusing registration on grounds stated in subsection (2)(a), ensure that the existing mill or facility is being operated efficiently and the miller has the capacity or is willing to provide the capacity to mill all the cane which may be produced, from the said lands.”. Amendment of section 14
91
92
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AI-assisted research summary: The Board may not issue a sugar import licence unless it is satisfied the local sugar supply is below demand and, for sugar imported for domestic consumption, the applicant is a manufacturer meeting the listed conditions.

91. The principal Act is amended in section 14 by deleting subsection (3) and substituting for it the following: “(3) Notwithstanding the provisions of subsection (1), the Board shall not issue sugar import licence unless it is satisfied that- (a) the local sugar production is below the level of sugar requirement at a particular time; (b) in the case of importation of sugar for domestic consumption, the applicant for the licence is a manufacturer and- 39 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 (i) is registered by the Board as sugar importer; (ii) has submitted to the Board a viable annual implementation plan of sugar production in accordance with the provisions of section 17A; implemented at least eighty percent of the annual implementation the previous production plan for season; (iii) has (iv) has capacity to produce not less than ten thousand metric tons per year; and (v) in the case of an applicant who was previously issued with similar licence, record has for terms and compliance with conditions for importation of sugar. the track the a good (4) Notwithstanding of subsection (2)(b), the amount of sugar to be imported per licence shall be proportional to the amount of sugar produced by the manufacturer.” provisions Repeal and replacement of section 16
92
93
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AI-assisted research summary: This provision amends the principal Act by removing section 16 and replacing it with a new section about penalties for importing or exporting sugar without a licence.

92. The principal Act is amended by repealing section 16 and replacing it with the following: “Penalty for importation or exportation of sugar without licence
16
17
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AI-assisted research summary: Importing or exporting sugar without a Board licence, or contrary to the Act, is an offence.

16. Any person who imports or exports sugar without a license issued by the Board or in contravention of any provision of this Act, commits an offence and upon conviction, shall be liable- (a) in the case of a sugar manufacturer or importer, to a fine of not less than thirty million shillings but not hundred exceeding five million to imprisonment for a term not less than three years but not shillings or 40 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 exceeding seven years or to both; (b) in case of sugar distributor or wholesaler, to a fine of not less than ten million shillings but not exceeding one million shillings or to imprisonment for a term not less than two years but not exceeding five years or to both; hundred exceeding (c) in case of sugar retailer, to a fine of not less than two hundred thousand shillings ten but not million or to imprisonment for a term of not less than six months not exceeding three years or to both; and but not covered (d) in the case of a person who is under paragraphs (a), (b) or (c), to a fine of not less than one hundred thousand shillings five but not exceeding million to imprisonment for a term of not less than three months but not exceeding twelve months or to both.”. shillings or Addition of section 16A
93
94
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AI-assisted research summary: This provision appears to amend the principal Act by adding text after section 16, but the excerpt is incomplete.

93. The principal Act immediately after section 16 the following: is amended by adding “Performance contract
16A
(1) The Board shall, for the
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AI-assisted research summary: The Board must act within set deadlines connected to sugar production performance contracts.

16A.-(1) The Board shall, for the purpose sustainable development and expansion of sugar ensuring of 41 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 production and within- (a) sixty days from the date of issuance of licence in the case of a new sugar import licence holder; or into force of (b) thirty days from the date of coming this provision in case of existing sugar import licence holders, every manufacturer contract for a sugar sign with performance production. (2) The performance contract signed pursuant to subsection (1) shall be for a term of five years and shall contain expansion targets, performance indicators towards the set targets and any other terms as may be agreed upon by the parties.”. Amendment of section 17A
94
95
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AI-assisted research summary: Licensed manufacturers must submit an annual implementation plan to the Board at the beginning of each production season calendar year.

94. The principal Act is amended in section 17A, by- (a) deleting subsection (1) and substituting for it the following: “(1) For the purpose of enabling the Board to monitor performance of the contract referred to under section 16A, every licensed manufacturer shall, at the beginning of every production season calendar year, submit to the Board an annual implementation plan of the performance contract.”; (b) deleting the words “development and expansion plan” appearing the opening phrase of subsection (2) and substituting for them the words “the annual implementation plan”. in
95
96
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AI-assisted research summary: This provision amends section 29(1) of the principal Act and changes paragraph (g).

95. The principal Act is amended in section 29(1), by- (a) deleting the words “upon recommendations of” appearing in the opening phrase and substituting 42 Amendment of section 29 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 for them the words “in consultation with”; (b) deleting paragraph (g) and substituting for it the following: “(g) prescribing for matters which are required to be prescribed under this Act.”. Addition of section 34B
96
97
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AI-assisted research summary: This section adds a provision titled “Restriction to re-pack sugar.”

96. The principal Act is amended by adding immediately after section 34A the following: “Restriction to re-pack sugar
34B
(1) Without prejudice to any
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AI-assisted research summary: Sugar may not be repacked for rebranding unless the person is a manufacturer registered by the Board, and imported sugar packages must show the manufacturer’s contact details and country of origin in bold print.

34B.-(1) Without prejudice to any other written law, a person shall not re- pack sugar into any size, material or brand different from its original packaging for the purpose of rebranding unless such person is a manufacturer registered by the Board for that purpose. re-packed (2) All packages of imported sugar, whether original or packaging, shall carry, in bold print, the the contact details of name manufacturer and a country of origin. and in (3) A person who contravenes this section commits an offence and shall, on conviction, be liable to a fine of not less than shillings but not exceeding one hundred million shillings or to imprisonment for a term of not less than one year but not exceeding three years.”. ten million Amendment of section 35
97
98
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AI-assisted research summary: This section amends the penalty in section 35, replacing the old wording with a fine of 100,000 to 10,000,000 shillings or imprisonment for 6 months to 2 years.

97. The principal Act is amended in section 35 by deleting the words “to imprisonment for a term not exceeding twenty four months or to a fine not exceeding two million shillings” and substituting for them the words “to a fine of not less than one hundred thousand shillings but not exceeding ten million shillings or to imprisonment for a term of not less than six months but not exceeding two years”. 43 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 Addition of section 35A
98
PART XV
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AI-assisted research summary: This section appears to add wording about compounding offences and an authorised inspector, but the text is incomplete.

98. The principal Act immediately after section 35 the following: is amended by adding “Compounding of offences inspector authorised by
35A
(1) Notwithstanding
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AI-assisted research summary: The Director General may compound certain offences before court proceedings begin, require payment of up to half the applicable fine, add prescribed interest if the order is not complied with, and enforce the interest order like a court decree.

35A.-(1) Notwithstanding this Act relating the provisions of to penalties, where a person admits in writing that he has committed an offence under this Act or any other sector legislation, the Director General or an the Director General in writing may, at any time prior to the commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where the person fails to comply with the compounding order issued under this section within the prescribed period, the Director General or a person authorised by the Director General may in addition to the sum ordered, require the person to pay an interest at the rate prescribed in the regulations. (3) Where the person fails to the subsection (2), comply with the Director General may enforce compounding interest order accrued thereof in the same manner as a decree of a court. and (4) The Director General shall all this submit of compounded offences under quarterly reports 44 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 section Prosecutions. to the Director of Public (5) Forms and manner of compounding of offences shall be as the regulations made prescribed under this Act.”. in PART XV AMENDMENT OF THE WILDLIFE CONSERVATION ACT, (CAP. 283) Construction Cap.283

Part

PART XV

99
Construction
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AI-assisted research summary: This Part must be read together with the Wildlife Conservation Act, which it calls the principal Act.

99. This Part shall be read as one with the Wildlife Conservation Act, hereinafter referred to as the “principal Act”. General amendments
100
General amendments
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AI-assisted research summary: The principal Act is amended by replacing the word “unit” with “Service” wherever it appears.

100. The principal Act is amended generally by deleting the word “unit” wherever it appears in the Act and substituting for it the word “Service”. Amendment of section 3
101
Amendment of section 3
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AI-assisted research summary: This section amends section 3 of the principal Act by deleting one definition, revising the definition of “authorised officer,” and adding new definitions.

101. The principal Act is amended in section 3- (a) by deleting the definition of the term “Unit”; (b) in the definition of the term "authorised officer", by- (i) inserting immediately after paragraph (f) the following: “(g) an employee of the Tanzania Wildlife Management Authority of or above the rank of conservation ranger;”; (ii) renaming paragraphs (g) and (h) as paragraphs (h) and (i) respectively; (c) by adding in the appropriate alphabetical order the following new definitions: ““Conservation Commissioner” means the head of an Authority, a unit, agency or corporation the the Ministry relevant established under law within 45 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 responsible for wildlife and forests; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for wildlife and forest; “Service” means the Wildlife and Forest in Conservation Service established terms of section 10;”. Amendment of section 7
102
Amendment of section 7
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AI-assisted research summary: This provision amends section 7 by replacing specific words in subsection (6).

102. The principal Act is amended in section 7, by deleting the words “functions to” appearing in subsection (6) and substituting for them the words “functions to the Authority,”. Amendment of section 10
103
Amendment of section 10
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AI-assisted research summary: This section amends section 10 of the principal Act, renaming the Wildlife Protection Unit as the Wildlife and Forest Conservation Service and assigning the Ministry coordination duties.

103. The principal Act is amended in section 10- (a) in the marginal note, by deleting the words “Wildlife Protection Unit” and substituting for them the words “Wildlife and Forest Conservation Service”; (b) in subsection (1), by deleting the words “unit to be known as the Wildlife Protection Unit” and substituting for them the words “Service to be known as the Wildlife and Forest Conservation Service"; (c) by deleting subsection (2) and substituting for it the following: Caps. 323, 282, 284 and 224 the “(2) The Service shall consist of specialised divisions or units responsible for conservation, management, utilisation and protection of wildlife, forest resources and bee established in accordance with this Act, the Forests Act, the National Parks Act, the Ngorongoro Conservation Area Act, the Bee Keeping Act or any other written law. ecosystems and (3) For the purposes of subsection (2), to be established within the Ministry, a structure the Ministry shall cause 46 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 to enable smooth coordination of operations of the Service. the (4) In its role of coordination, the Ministry shall- (a) issue policy guidance and directives in relation to general administration and operation of the Service; (b) coordinate all matters relating to training of the Service to ensure that all staff of the Service in their respective divisions and the necessary units training for the operation of the Service; attain (c) without prejudice to the powers of Conservation Commissioners in their respective divisions and units, issue general orders which shall be published in the Gazette regarding the conduct and operations of the Service; (d) liase with other authorities with the conduct and regard operations of the Service inline with other security policies of the countries; to (e) take any necessary other measure smooth to ensure administration and operations of the Service.” Repeal and replacement of section 11
104
Repeal and replacement of section 11
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AI-assisted research summary: This section repeals section 11 of the principal Act and replaces it with a new section headed “Powers and functions of Service.”

104. The principal Act is amended by repealing section 11 and replacing it with the following: “Powers and functions of Service
11
12
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AI-assisted research summary: The Service is responsible for wildlife-, forest- and bee-related conservation work and has enforcement powers, including search, seizure, detention and arrest, plus a right to use firearms and specialised equipment when exercising those powers.

11.-(1) The Service shall, under the command of Conservation Commissioners be responsible for- (a) conservation, management, 47 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 utilisation and protection of wildlife, forest and bee ecosystems and resources and property related to wildlife, and bee ecosystems and resources; forest (b) gathering and information managing intelligence on wildlife, forest and bee ecosystems and resources; (c) providing education on wildlife, forests and bee ecosystems and resources so as to create public for awareness wildlife, forests and bee policies; and support and (d) performing any other function as may, subject to the provisions of this Act, be assigned by the Minister. (2) In the performance of its functions under subsection (1), the Service shall have powers to- (a) prevent, detain and investigate any crime related to wildlife, forest and bee ecosystems and resources; (b) search any place or person and where necessary, seize property suspected to be linked with a crime against wildlife, forest and bee ecosystems and resources; (c) apprehend any offender and take such offender into custody; and that (d) do any other is necessary for the effective and better conservation, management, utilisation and protection of wildlife, forest and bee ecosystems and resources. thing 48 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 (3) In the exercise of the powers conferred by this section, the Service shall be entitled to acquire, possess, carry and use firearms and other specialised equipment.” Amendment of section 12
105
Amendment of section 12
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AI-assisted research summary: Section 12 is amended so Conservation Commissioners become commandants of the Service in their divisions or units and may issue orders and directives for its operation.

105. The principal Act is amended in section 12, by- (a) deleting subsection (1) and substituting for it the following: (1) The administration of the Service shall, subject to the approved structure of the Service, be vested the Conservation Commissioners of the respective divisions or units who shall, in the discharge of their duties in relation to the Service, be under the Permanent Secretary. in (2) The Conservation Commissioners shall, in their respective divisions and units, be commandants of the Service and shall, in that capacity, perform the functions and exercise powers of the Service under section 11. (3) Conservation Commissioners shall, in the performance of their functions in relation to the Service and without prejudice to the powers confered to the Service under section 11, have powers to issue orders and directives for the operation of the Service.” (b) renumbering subsection (2) as subsection (4). Amendment of section 116
106
Amendment of section 116
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AI-assisted research summary: This section amends section 116 of the principal Act, changing the rule for offences under the Act in protected areas and adding that the form and manner of compounding offences will be set by regulations.

106. The principal Act is amended in section 116, by- (a) deleting subsection (1) and substituting for it the following: “(1) This section shall apply to offences to in relation this Act committed under protected areas.”; (b) adding immediately after subsection (6) the following: “(7) Forms and manner of 49 No. 3 Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 compounding of offences shall be as prescribed in the regulations made under this Act.” Passed by the National Assembly on the 18th May, 2020. STEPHEN KAGAIGAI Clerk of the National Assembly 50

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The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020

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Provisions of The Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020

PART I

PART II

PART III

PART IV

PART V

Schedule

PART VI

PART VII

Schedule, by-

PART VIII

PART IX

PART X

PART XI

PART XII

PART XIII

PART XIV

PART XV

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