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Powers under Antiquities Act

Powers under Antiquities Act

The Antiquities Act provides for preservation and protection of sites that have an archeological, historical or natural interest. The Minister under the act is empowered to declare, by order in the gazette, any place, site or structure to be a monument. Hence the antiquities department cannot one day wake up, appear on your plot and claim that an area is a monument. The gazettement of the place, site or structure must happen.

Under the Act, the Director of Antiquities and any person authorized by him may at all reasonable times (a) enter and inspect any monument; (b) fence, repair and otherwise protect or preserve any monument; (c) search and excavate for relics in any monument and remove any relics hitherto undiscovered provided that- (i) where the monument is a place of ordinary habitation or occupation, the Director and any such person aforesaid shall give the occupier not less than forty-eight hours’ notice in writing of his intention to exercise any of the powers specified in this subsection. The Act further states that any person who willfully obstructs the Director or any other person authorized by him in that behalf in the exercise of his powers under, shall be guilty of an offence against this Act.

If the area is indeed a monument, then under the Act the Director has power to enter to view the monument after giving you the relevant notice of 48 hours. In your case it seems like you had no such prior notice. We wish to point out that monuments and areas that fall under the Antiquities Act are well know and gazetted and it is very unlikely that the department officials would merely appear one day on your property. We strongly suggest that you verify the identity of these so called officials with the Ministry.

Taxation of education loans

I have been admitted to a certain university in Tanzania and have obtained a loan from the loans board which lends money to students. I am yet to receive my 1st payment and wish to know whether the said amounts will be subjected to any taxes and at what rate.

JK, Singida

Assuming that the loan is in furtherance of full time education you will not be subjected to taxation. The same is stated under paragraph (i) of the 2nd schedule of the Income Tax of Tanzania. The exemption is only in respect of tuition or fees for full time instruction at an educational institution and should you change your status to a part time student, taxes may apply depending on the facts of the change of status.

Permit for bore hole

I own a big triple story house in Upanga and wish to construct a bore hole in my property. My question is why should I have to get a permit for something I want to do on my own piece of land? Is it not in breach of my constitutional freedom? What should I do?

PS, Dar

You are taking your so called constitutional rights a little too far. By merely having a right of occupancy doesn’t entitle you to be the king of the land you live on. The rights you have are surface rights within boundaries of the law. Anything you do beyond that requires permission and rightly so. For example if you believe your land has gold, and you intend to conduct mining operations, there is a whole process you need to follow that may also end up in revocation of your title to allow mining. Additionally the gold does not belong to you either, even though it might be under your land.

To construct a bore hole, the water authorities must permit you to do so as a bore hole can have adverse effects on other water supplies including other bore holes next door and beyond. The Water Resources Management Act specially provides for this in that any person who, contrary to the provisions of the Act, constructs, sinks or enlarges a well or borehole without a groundwater permit duly granted by the Basin Water Board commits an offence and on conviction shall be liable to a fine of not less than five hundred thousand shillings or imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

You must also note that the Water Utilisation (Control and Regulation) Act of 1974, which was repealed by this new act, even provided for the distance between wells to be a minimum of 230 metres and stated that the maximum amount of water that could be extracted per day was not to exceed 22,700 litres. This in the interest of equitable distribution and efficient useage of water. The law applies equally to all and it does not matter whether you own a triple storey house in Upanga or elsewhere.

Hunting during closed season

Does Tanzania have months where hunting is not allowed? How does one get permission to hunt during that season.

FO, Dar

In Tanzania the hunting seasons lasts for about six months of the year, the rest of the months being known as the closed season. According to the Wildlife Conservation Act 2009, the Director of Wildlife may issue a permit for one to hunt during the closed session, but such permit will only be granted with the consent of the Minister. The Act provides that any person who hunts during the closed session without a permit may be fi ned and/or imprisoned.

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Author: FB ATTORNEYS

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