Recent Amendments to the Tanzanian Laws Regulating Tourism.
The Contribution of Tourism Industry in Tanzania’s economic growth has recently proved to be enormous and unmatched as compared to other sectors of economy. Tanzania tourist centers and destinations have consistently proved to be the best not only in Africa but also in the world at large, thanks to the Tanzania Government and other important stakeholders.
In ensuring that Tanzania remains on the world’s top list of best tourist destinations, the Government of Tanzania has recently passed some vital legal amendments into its principal and subsidiary legislations regulating the tourism industry.
The Written Laws (Miscellaneous Amendments) Act, No. 3 of 2021 (hereinafter referred to as ‘’the Amending Act’’) has brought into effect some vital changes and reforms which will surely be wholeheartedly embraced by all stakeholders in the tourism industry in Tanzania. The Amending Act has significantly amended, among others, the Tourism Act, [No. 29 of 2008] (hereinafter referred to as ‘’the Amended Act’’) and the said amendments are discussed herebelow.
Significant Changes to The Tourism Sector In Tanzania
APPLICATION AND REGISTRATION OF TOURISM FACILITIES.
Registration and operation of tourism facilities by any person without being duly registered is strictly prohibited by the law. Tourism Facilities, just like before, are to be applied for and registered by the Director of Tourism (hereinafter to be referred as ‘’the Director’’). The Amending Act has however relieved the Director from the legal obligation to determine such applications within a period of forty-five (45) days.
The fact that the Director of Tourism is now no longer required to determine applications for registrations of tourism facilities within a period of 45 days as previously required should not be of grave concerns as the changes are primarily aimed at improving the quality of services to all stakeholders.
NO NOTICE REQUIRED BEFORE GRADING AND REGRADING OF TOURISM FACILITIES (ALTERATION AND ADDITIONS TO TOURISM FACILITIES)
The Amending Law has dispensed and removed the requirement of serving a Ninety days (90) Written Notice to the Director before making and effecting some substantial changes, additions and alteration to the tourism facility. It is no longer mandatory to submit and issue some plans, maps, documents and other particulars to the Director whenever the owner of a tourism facility wants to either add or remove anything substantial from the facility.
Grading or regrading of tourism facilities by either making additions or alterations will require the owner or operator of the said tourism facility to only apply and pay fees and upon successfully meeting all the conditions, the Director shall issue to the said operator of the tourism facility, a Certificate of grading in the special form as prescribed under the regulations.
With new amendments in force, things have now been simplified and made much easier. The provisions of Section 14 of the Amended Act which were unnecessarily complex have been repealed and replaced with section 62 of the Amending Act and the new legal position hinted and explained above is now underway and fully operational. Thus, operators and owners of tourism facilities can attract as many tourists as possible by making substantial changes and alterations to their facilities without first issuing a long notice to the Director as previously required.
THE NEW POWERS, DUTIES AND FUNCTIONS OF THE DIRECTOR
The Amending Act has totally repealed and removed Part IV of the Amended Act. The repeal of PART IV of the Amended Act has effectively rendered redundant the Tanzania Tourism Licensing Board (hereinafter to be referred to as ‘’the Board’’). The Board was previously charged with some enormous duties and functions but the same has now been repealed and instead the Director will take over and assume all the duties, powers, functions and other responsibilities previously entrusted to the Board.
The Amending Act has removed and replaced the word “Board” in most sections of the Amended Act and replaced the same with the word ‘’Director’’. Following the repealing of PART IV of the Amended Act it can now be safely concluded that the Director is now the ‘’Boss” as far as operations and applications matters in tourism are concerned.
All applications for or renewal of a licences shall be made to the Director in the manner prescribed in the regulations and upon receipt of the said applications the Director shall put the same under a proper scrutiny for their due determination.
Any License which has been cancelled shall be returned and surrendered to the Director and not to the Board Secretary as dictated by section 73 of the Amending Act which amends the provisions of section 52 of the Amended Act.
COMPOUNDING OF OFFENCES
It is now possible under the provisions of section 55A of the Amending Act for the Director or any authorized officer to, upon written admission of commission of such offences, compound some offences and order the offender to pay a sum of money not exceeding one half of the maximum amount of fine to which such person would otherwise have been liable to pay if he had been convicted by a competent court of law.
Failure by the offender to comply with the compounding order will attract some further adverse consequences as there will be additional interest payable at the rates as will be ordered and the said amount of money shall be paid to the Consolidated Fund.
In summing up, it is high time now all stakeholders to step up and make effective use of this golden opportunity offered and brought up by the recent amendments to the laws in the tourism sector. The fact that tourism in Tanzania contributes much to the direct foreign exchange in our country should be another factor to push for more favorable legislative changes for maximum exploitation of untapped tourist resources in our country.
Important Notice:
This publication has been prepared for information purposes only, and it does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, Cymbell Attorneys, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.
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