Part Iii
PART III
ADMINISTRATION
(a) Minister 5. (1) It shall be the responsibility of the Minister to ensure that the principles and objectives provided for in sections 3 and 4 herein are incorporated as necessary into general, framework or detailed land use plans at all levels of the planning process. (2) Notwithstanding the generality of sub-section (1), the Minister shall ensure – (a) review of existing land use and development policies and direct their incorporation into land use plans prepared in accordance with this Act; (b) evaluation of existing and proposed land use, development policies and the activities of the Government with a view to ensuring the proper management and use of land; and (c) such Government policies including those for development of land, take adequate account of their effect on land use.
(b) National Land Use Planning Commission 6. (1) There is hereby established a Commission to be known as the National Land use Planning Commission which shall consist of – (a) a Chairman to be appointed by the President; (b) not less than five and not more than ten members appointed by the Minister from amongst the following public, private and popular sectors; (i) lands and human settlements development; (ii) agriculture and livestock; (iii) economic planning and development; (iv) energy or mining; (v) environment; (vi) finance; (vii) health; (viii) industry or trade; (ix) law or law enforcement; (x) local government; (xi) natural resources, fisheries or tourism; (xii) water resources; (xiii) Non-Government Organisations and Community Based Organisations; and (c) a Director-General, who shall be an ex-officio member and the Secretary. (2) In appointing the members of the Commission under subsection (1) (b), the Minister shall ensure that at least three of members are women. (3) The meeting for transaction of the business of the Commission shall be as stipulated in the First Schedule to this Act. 7. (1) The functions of the Commission shall be to- (a) Coordinate, advice and inspect all sectors on collective standards and to advice the Minister to make the agreed standards; (b) provide assistance to all land use planning authorities and prepare land use plans, monitor their implementation and, from time to time, evaluate them; (c) co-ordinate the activities of all bodies concerned with land use planning matters and serve as a channel of communication between such institutions and the Government; (d) design and disseminate programs that will effectively protect and enhance the quality of land and better land use planning; (e) stimulate public and private participation in activities related to land use planning for rational and beneficial use of land; (f) foster co-operation between the Government, local government authorities and other institutions engaged in land use planning; (g) promote the advancement of scientific knowledge in land use matters and encourage the development of technology directed at the prevention or reduction of adverse effects on land; (h) specify standards, norms and criteria for the protection of beneficial uses and the maintenance of the quality of land; (i) undertake and co-ordinate research, investigation and surveys relating to land use planning and collect, collate and create a national data bank to disseminate information about the findings of such research, investigation or survey (j) establish and operate a system of documentation and dissemination of information relating to land use planning; (k) in consultation with any sector Ministries, examine existing laws and advise the Government on legislative and other measures for the management of land use planning and recommend their implementation; (l) establish and maintain liaison with other countries and international organisations, with respect to issues and matters relating to land use planning; (m) undertake, in co-operation with relevant agencies, programmes intended to enhance land use planning education, and public awareness about the need for sound land management and for enlisting public support and encouraging the effort made by other entities in that regard; (n) undertake and promote educational programmes in land use planning for the purpose of educating the public on proper land use planning and the role of the public in its protection, use and improvement; (o) ensure compliance with the approved land use plans; and (p) perform such other functions as may be assigned to it under this Act; (2) The Minister may make regulations for the better performance of the functions of the Commission. 8. The Commission shall exercise all necessary powers required to bring about compliance with any directive issue by it and may, in that respect, take or cause to be taken measures including filing suits in courts of law. 9. (1) No member, employee or staff of the Commission, agent of any person having any contractual relationship with the Commission shall participate or influence in making a decision on any matter to which he has an interest. (2) Any person referred to under subsection (1) shall, before participating in making a decision on any matter, declare an interest involved. 10. (1) There shall be- (a) a Director-General of the Commission to be appointed by the President; and (b) such other officers and staff as the Commission may appoint for the proper discharge of its functions under this Act. (2) A person to be appointed to the position of Director-General shall be a person who holds at least a post graduate degree from a recognized higher learning institution and has at least working experience in either of the following fields: (a) urban and rural planning; (b) law; (c) environmental science; or (d) natural resource management; (3) Notwithstanding the provision of sub-clause (2) the Director General shall also be knowledgeable on local government matters. (4) The appointment under subsection (1), shall be on such terms and conditions of public service as may be determined by the relevant appointing authority. 11. (1) The duties of the Director-General shall be – (a) to advise the Commission on all matters relating to land use planning; (b) be the Chief Executive of the Commission and shall, subject to this Act, be responsible for the day to day management of the affairs of the Commission; (c) to initiate, undertake or direct studies and research into matters concerning land use planning; (d) manage the funds and property of the Commission; and (e) to perform any other functions as may be conferred upon him by this Act. (2) The Director-General may delegate any of his functions under this Act, either generally or specifically, to any officer appointed under this Act and, may at any time revoke or vary such delegation, provided that no such delegation shall be deemed to have divested the Director-General of all or any of his duties, and he may, if he thinks fit, perform such functions notwithstanding that he had delegated them. 12. The Director-General, and officers appointed under this Act shall not be subject to any action or other proceeding for, or in respect of any act done, or omitted to be done without negligence and in good faith, in the exercise or purported exercise of any of the functions conferred by or under this Act, by any person for any injury to him, his property or any interests caused by the exercise of the powers conferred on the Commission by this Act. 13. Section 12 shall not relieve the Commission of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of the powers conferred on the Commission by this Act or by any other written law.
Cross-cutting Categories
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Part V
PART V
MACHINERY OF PLANNING
(a) Establishment of land use planning authorities 18. (1) For the purpose of this Act, planning authorities shall include – (a) a village council; (b) a district council; (c) the National Land Use Commission; and (d) any such body or organ which the Minister may, by order published in the Gazette, declare to be a planning authority or joint planning authority. (2) For avoidance of doubt, a village council shall attain the status of a planning authority for a village which conforms to the requirements set out under the Sixth Schedule to this Act. (3) Without prejudice to subsection (1), the village council shall brief the Ward Development Committee having jurisdiction in the area where the village is situated, on land use planning. 19. (1) For the purpose of this Part, the Commission shall be the national land use planning authority. (2) The Commission shall, in that capacity:- (a) prepare the national land use framework plan; (b) prepare detailed zonal land use frame work plans; (c) ensure co-ordinated and orderly physical development at the national level; (d) monitor and evaluate long term changes in land use in the country; (e) co-ordinate regional land use framework plans, (f) establish machinery for inter-sectoral co-ordination among land use agencies (g) co-ordinate the various land use management activities being undertaken by lead agencies; (h) promote the integration of land use considerations into development policies, plans, programmes and projects; (i) subject the land use framework or zonal plans to Environmental Impact Assessment, having bearing in the relevant law; and (j) subject to the relevant law, inspect implementation of land use plans. (3) The Commission shall, in addition to the functions specified in sub-section (2) have power to- (a) consult and examine all urban land use plans prepared under relevant urban planning law, for purposes of rationalization and incorporation into the national or relevant regional land use framework plans, and (b) recommend such other measures to urban planning authorities as are necessary for ensuring that urban land use plans take account of the overall land use and development goals. (4) In the exercise of its functions under sub-section (2), the Commission shall: (a) harmonise resource management sector plans and integrate them into the national land use framework plan; (b) establish and review, in consultation with the relevant lead agencies, land use guidelines; (c) appraise land use patterns to determine their impact on the quality and quantity of natural resources; and (d) advise the Minister on legislative and other measures necessary for the management of land as a national asset. (5) The Commission may, for the better execution of its functions under this section, establish a Technical Committee consisting of fifteen members drawn from the list set out in the Fourth Schedule to this Act. (6) The Technical Committee shall, in consultation with the relevant lead agencies, deliberate on and advise the Commission on any of the matters set out in the Fifth Schedule to this Act. 20. (1) The role of the Regional Secretariat in relation to co-ordination of the preparation and implementation of land use plans by the district councils in the respective region shall be to: (a) co-ordinate inter and intra district land use planning including the preparation of resource management sector plans within the region; (b) establish machinery for intersectoral co-ordination among lead agencies within their areas of jurisdiction; and (c) ensure the co-ordination of physical development and systematic land use in each region. (2) In the exercise of its functions under sub-section (1), the Regional Secretariat shall undertake such activities enumerated in paragraphs (a), (b), (c) and (d) of subsection (4) of section 19 as would enhance its functions under this section. 21. (1) A District Council shall be a land use planning authority in the district. (2) A district land use planning authority shall, in consultation with all relevant stakeholders: (a) prepare district land use framework plans incorporating relevant aspects of plans prepared under relevant urban planning law, that includes:- (i) small islands; (ii) coastline and beaches; (iii) planning for vertical development; and (iv) urban boundaries. (b) ensure co-ordination and systematic physical development at the district level; (c) ensure inter-sectoral co-ordination; and (d) co-ordinate village land use plans. 22. (1) Every village council shall be a village land use planning authority for the respective village. (2) The composition, procedure and functioning of the village council shall be as provided by sections 12 and 13 of the Village Land Act, and the Guidelines for Participatory Village Land Use Planning. (3) Subject to approval by respective Village Assembly, the village land use planning authority shall, in that capacity- (a) prepare detailed land use plans for implementation in its respective area of jurisdiction; (b) ensure that the objectives of the Village Land Act, are achieved; (c) secure the orderly and environmental sustainable development in the village; (d) ensure productive use of village land; (e) preserve village land resources including forests and wildlife; and (f) review or evaluate all applications for land within the village to determine the extent of its conformity with approved land use plans and to advice the Village Assembly accordingly. 23. All planning authorities shall:- (a) be responsible for policy implementation and direction for the purposes of this Act; (b) set appropriate goals and objectives at all land use planning levels and determine policies and priorities for the improvement of land productivity in their areas of jurisdiction; and (c) in collaboration with the National Environment Management Council, determine appropriate criteria for protection of the Environment and sustainable use of natural resources 24. The provisions of the Local Government (District Authorities) Act and the Village Land Act relating to land use and environment planning shall, with necessary modifications be read and construed as if they were provisions of this Act.
(b) Preparation and approval of plans 25. (1) A planning authority other than the Commission may, by notice published in at least two newspapers circulating in the area, declare an area within its jurisdiction as a planning area, for the purpose of the preparation of a land use plan or the adoption of existing plan in a accordance with this Part. (2) Subject to approval by the Minister, the Commission may, for the purpose of the preparation of a zonal land use plan or the adoption of an existing plan in accordance with this Part, and by notice published in the Gazette and in at least two newspapers circulating in the area: (a) declare any area in Tanzania as a zone. (b) specify, in that declaration, the precise boundaries of that zone. (3) Subject to subsection (4), the Commission may, by notice published in the Gazette, suspend for a period of not more than one year, any development in a planning area or zone until the land use or physical development plan in respect of such area or zone has been approved. (4) Where, before the declaration of a planning area or zone under subsection (1), development permission has been granted by a local authority for development in the area or zone such permission shall not be affected by the suspension if the development in respect of which the permission is granted had commenced not less than six months before the suspension of development. 26. (1) All planning authorities shall, in respect of each declared planning area or zone, prepare an inventory of the planning resources at their disposal in respect of that area. (2) A report on the inventory shall be prepared, and shall consist, inter alia – (a) the financial resources already allocated for use in the area or zone; (b) the human and logistical resources that can be immediately deployed for use in the area or zone; (c) an assessment of the infrastructural development already in place in the planning area or zone; (d) an assessment of physical and other developments already in existence in the planning area or zone; and (e) a schedule and evaluation of all land use plans in force within the area or zone. (3) In the preparation of an inventory under this section, planning authorities shall ensure that all stakeholders in the area or zone are involved. 27. (1) All land use planning authorities shall in respect of each declared planning area or zone, prepare a land suitability assessment consisting of: (a) a technical report on the physical characteristics and resources of the land; (b) a description and analysis of the current use and general condition of the land, (c) the suitability of the land for the proposed land use plan; (d) community needs in that area or zone; (e) valuable or sensitive ecosystems, if any, in that area or zone; (f) an assessment of the likely impact of the proposed plan on the environment of the planning area or zone; and (g) such other information as the Director-General may deem necessary. (2) Any assessment prepared under this section shall be presented to a meeting of stakeholders in the area or zone for discussion and revision, if any. 28. (1) All land use plans prepared by relevant planning authorities under this Act shall be relevant at each level, including proposals on the matters relating to – (a) determination or designation of land for various uses including cropland, rangeland, forestland and water sources, fisheries, farming and industrial, factory and workshop land; (b) preservation of protected or traditional and other sensitive areas, parks, game reserves, coastal ecosystems including swamps, beach land and marine parks, biodiversity colonies and other flora and fauna; (c) preservation of the quality and flow of water in a dam, lake, river or aquifer; (d) preservation of any outstanding geographical, physiographical, ecological and archaeological features; (e) historical features of the land; (f) preservation of the scenic view of land; (g) preservation of open space; (h) preservation of defined paths on the land; (i) preservation of the natural contours and features of the land; (j) preservation and restriction of the scope of any activity on the land which has, as its object, the mining and working of minerals or aggregate; (k) promotion or regulation of the scope of any agricultural or pastoral activity on the land; (l) creation and maintenance of works on the land so as to limit or prevent harm to the land and the environment; (m) creation or maintenance of migration corridors for wildlife; (n) creation of buffer zones for the protection of natural forests, forest reserves, water catchments areas, rivers, dams and river banks; (o) designation of areas for small scale industries to produce low cost building materials and increase employment for human settlements development; and (p) the establishment of new or reorganisation of existing settlements and physical infrastructure. (2) The Minister shall, make regulations and direct preparations of guidelines, programs and action plans for giving effect to the provisions of this section. 29. (1) The Commission shall; – (a) within five years of the commencement of this Act update and, where circumstances require, prepare a national land use framework plan; and (b) when the need arise, revise such plan for consideration by all sectors in land use planning (2) In the preparation of the national land use framework plan, the Commission shall – (a) consult extensively with other planning authorities established under this Act and the relevant urban planning laws; and (b) present a draft of the framework plan to a meeting of all national stakeholders for discussion and revision. (3) The plan prepared under subsection (1), shall – (a) contain analysis of the natural resources of Tanzania with an indication to any pattern of change in their distribution and quantity over time; (b) contain an analytical profile of the various uses and value of the natural resources incorporating considerations of the current and future generation; (c) recommend appropriate legal and fiscal incentives that may be used to encourage the business community to incorporate proper land use planning and environmental requirements into their planning and operational processes; (d) set out operational guidelines for the planning and management of land, the environment and natural resources; (e) recommend methods for building national awareness through environmental education on the importance of the sustainable use of land, the environment and natural resources for national development; (f) identify actual or likely problems that may affect the natural resources and the broader environment context in which they exist; (g) identify and appraise trends in the development of urban and rural settlements, their impact on the land, the environment and strategies for the consideration of their negative impact; (h) propose guidelines for the integration of standards of environment protection into development planning and management; (i) identify and recommend policy and legislative approaches for preventing, controlling or investigating specific as well as general adverse impacts on the land and the environment; and (j) prioritise areas of land use planning and environmental research and outline methods of using such findings. 30. (1) The Commission shall, in respect of each zone declared under subsection (2) of section 25, update and, where circumstances require, prepare zonal land use plan in respect of that zone. (2) The provisions of section 29 shall, mutatis mutandis, apply to the preparation of zonal land use plans under this section as they apply to the preparation of the national land use framework plan under that section. (3) A zonal land use plan may be prepared with reference to any land within the zone for the purpose of: (a) ensuring orderly use, development and management of land within the zone; (b) the provision of land for building and other purposes, (c) securing suitable provisions for transportation, utilities and services; (d) non-agricultural or pastoral use such as commercial, industrial, residential and recreational uses, including parks, open spaces and reserves; and (e) planning, re-planning or reconstructing the whole or part of the area comprised in the plan. 31. (1) The Commission shall, after consultation with the relevant Regional Secretariat– (a) within four years of the issue of a notice under section 27 subsection (1), update and, where circumstances require, prepare a regional land use framework plan or plans; and (b) every ten years revise such plan or plans; and (c) in respect of the region for which the plan is made, the Commission shall ensure the rationalization and incorporation of such plan into the National Land Use Framework Plan or zonal plans as necessary. (2) The Commission may recommend changes to the regional framework plan, which shall be incorporated in the plan. (3) In the preparation of a regional land use framework plan, the Commission shall – (a) ensure that stakeholders in the region are fully involved in the process, and (b) present a draft of the framework plan at a meeting of all stakeholders in the region for discussion and revision. (4) A regional framework land use plan shall contain any or all of the matters specified in the Second Schedule to this Act, and in particular shall prepare:- (a) a statement of policies and proposals with regard to the allocation of resources for development within the area; (b) such description and analysis of the condition of development in the area as may be necessary to explain and justify the statement of policies and proposals; (c) a description of the present and projection of future land uses and development in the area; and (d) such data and other information as the Commission may deem necessary. 32. (1) Every district land use planning authority shall– (a) within three years of the issue of a notice under section 26 (1), prepare a district land use framework plan in respect of the district of which it is established; (b) when the need arise, revise such plan, and shall submit such plan to the Regional Secretariat for rationalization and incorporation into the regional land use framework plan proposed under section 31. (2) The Regional Secretariat may recommend changes to the district land use plan which shall be incorporated in the plan before it is approved. (3) In the preparation of the district land use framework plan, the district planning authority shall- (a) ensure that all stakeholders in the area are fully involved in the process; and (b) present a draft of the framework plan at a meeting of all stakeholders in the district for discussion and revision. (4) Every district land use plan prepared under this section shall contain provisions dealing with matters provided for in sub-section (4), of section 31 in relation to their respective district. 33. (1) Every village land use planning authority shall, within two years of the issuance of a notice under subsection (1) of section 27:– (a) in respect of the village for which it is established, prepare a village land use plan and submit such plan to the district planning authority for rationalization and incorporation into the district land use plan proposed under section 32; and (b) in respect of resources shared with other villages, prepare jointly with other villages planning authorities, a village resource management sector plan and submit such plan to the district planning authority for rationalisation and incorporation into the district land use framework plan proposed under section 32; and where the villages belongs to different districts, shall submit to its respective district, which shall consider them jointly. (2) The district land use planning authority may propose changes to the village land use or resource management sector plan, which shall be incorporated in the plan before it is approved. (3) In the preparation of village land use or resource management sector plans, village planning authorities shall:– (a) determine the time frame with respect to which any particular plan shall be prepared or revised; (b) ensure that all stakeholders in the village are fully involved in the process; and (c) present a draft of the plan at a meeting of all stakeholders in the village or villages concerned for comment, discussion and revision before submission to the District Council for adoption and to the Village Assembly or Assemblies for approval. (4) Every village land use or resource management sector plan prepared under this section shall:– (a) contain provisions dealing with matters set out in Part A of the third schedule to this Act in relation to their respective village or villages; and (b) be prepared in accordance with procedures set out in Part B of the third schedule to this Act. (5) For the purpose of this section, the village land use shall include plan of minor settlements or trading centres referred to in the sixth schedule to this Act. 34. (1) National, zonal, regional and district land use plans shall be submitted to the Minister for approval and on respect thereof, the Minister may approve them either unconditionally or subject to such conditions or modifications as he may consider necessary, or may refuse approval in which case he may require the relevant authority to prepare a new plan for his approval taking into account the proposed modifications or the grounds of his refusal. (2) All land use plans prepared in respect of any area of reserved land shall be approved in accordance with the law reserving such land, and in the absence of such law, by the Minister. (3) Any plan submitted to the Minister under subsection (1) or (2) for his approval, shall be approved by him within sixty days from the date the plan is submitted to him. (4) Where the Minister refuses to approve a plan under subsection (3), he shall, in writing and within such period, furnish the relevant planning authority with the reasons for such refusal. 35. (1) Village land use plans shall be submitted to Village Assemblies for approval and on receipt thereof may be approved subject to such conditions or modifications as they may consider necessary, provided that resource sector management plans shall be approved by the relevant Village Assemblies meeting in joint session for the purpose. (2) Any plan submitted to the Village Assembly under subsection (1) may be approved within ninety days from the date of submission of the plan unless the Assembly refuses such approval. (3) Where the Village Assembly refuses to approve the plan it shall, in writing and within fourteen days, notify the Ward Development Committee and the District Council of such refusal. 36. The Minister shall – (a) within fourteen days after he has approved a plan under sections 34; and, (c) as soon as a plan has been approved by the Village Assembly under Section 35, where practicable, cause to be published, a notice to the effect that the plan has been approved with or without modification and may be inspected at the places and times specified in the notice during normal working hours. 37. (1) All plans approved by the Minister or the Village Assemblies under sections 34 and 35 and published under section 36, shall be kept by the relevant planning authority and may be inspected by, or availed to the public on request during reasonable hours on payment of such fee as may be prescribed by the Minister. (2) Copies of all plans published under section 36 shall be sent to the Director-General, for custody. 38. (1) Subject to the provision of this section, the Commission may, in such manner as may be prescribed, submit to the Minister proposals for the revocation or modification of an approved plan on any of the following grounds - (a) that there are practical difficulties in the execution or enforcement of the approved plan; (b) that there has been a change of circumstances including change of use since the plan was approved; (c) that stakeholders, with good reason, demand it; and (d) that subsequent reviews and evaluations require it. (2) The Commission shall, by notice published in the Gazette, publish the proposed revocation or modification of the approved plan, stating the period within representation or objection to the proposed modification or revocation may be made. (3) Where after the expiration of the period specified in the notice, no representations or objectives have been made to the Commission under subsection (2), it shall submit the approved revocation or modification of the proposed plan to the Minister for his approval. (4) Where the Minister has approved the proposed revocation or modification, the Commission shall not later than sixty days after the approval, publish in the Gazette a notice of such revocation or modification made.
Legal Area
Cross-sectoral coordination in land decision and policy making
Cross-cutting Categories
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