Summary Note

• Introduction
• Registration of Hunting Blocks / Plots In Tanzania

Introduction

The Law regulating the operations of the Hunting Blocks and entire Tourist Hunting sector is mainly the Wildlife Conservation Act as supported by the Tourist Hunting Regulations, 2010 as well as The Wildlife Conservation (Wildlife Management Areas) Regulations 2012 among others. Under the Tourist Hunting Regulations the hunting blocks can be established by declaration of the Director of Wildlife within Game Reserves, Game Controlled Areas, Open Areas, Wildlife Management Areas and other areas provided that they are not protected areas. The law stipulates that such blocks would be categorized depending on their nature, size, quota and land use planning. Hunting Blocks within Wildlife Management Areas (WMAs) must be designated in alignment with the Resource Zone Management Plan (RZMP) or the General Management Plan (GMP) of the said WMA.

Registration Of Hunting Blocks/Plots In Tanzania.                                                                   

1. Applications for Hunting Blocks (other than WMAs)

Under the Hunting Regulations (Regulations 9 and 10) an applicant (with above highlighted qualities and attachments) shall submit a formal application in prescribed form. The Application is submitted to the Director of Wildlife and pegged for assessment in accordance to set standards to be outlined hereunder.

2. Applications for Hunting Blocks in WMAs

Wildlife Management Areas are different from the other areas under the purview of the Act. These are designated in areas which are used by local community members within village lands and outside protected areas. Basically the management of such areas is put under Community Based Organizations (CBOs) which have attained what is called an Authorized Association (AA) status.In this aspect therefore, subject to The Wildlife Conservation (Wildlife Management Areas) Regulations applications for hunting block allocations are advertised by the AA and the applications are sent to the AA. The AA will, in conjunction with representatives of the Director of Wildlife and District Council assess the same in accordance to the same criteria as for allocations in other Areas.

3.Criteria for Assessment of Applicants of Hunting Block Allocation

The law has categorized Applicants for hunting blocks in two groups namely, a fully Tanzanian owned hunting company; and a foreign owned company or not fully owned by Tanzanians. Factors for assessment of each type entails bringing forth proof of the following issues;

The Director of Wildlife however retains the power to require an applicant to deliver original copies of the said documents for purposes of authentication.

SN	Fully Tanzanian Owned Company	Foreign Owned Company
1.	Having a suitable office premises	Having a suitable office premises. Evidence of registration with the Tanzania Investment Centre
2.	A fleet of not less than Two (2) 4WD pickup vehicles, registered in Tanzania in Company’s name, not more than 3 years since registration and comprehensively insured	A fleet of not less than Five (5) 4WD pickup vehicles, registered in Tanzania in. Company’s name, not more than 3 years since registration and comprehensively insured
3.	VHF Radio comm. frequency license	VHF Radio comm. frequency license
4.	At least six (6) tents	At least twelve (12) tents
5.	Two (2) refrigerators and two (2) freezers	Five (5) refrigerators and five (5) freezers
6.	Beds and other necessary furniture	Beds and other necessary furniture
	OR the applicant company may produce a Bank Bond or guarantee of USD 300,000.00 in lieu of the above equipment as commitment for the purchase of the equipment within three months after allocation of the block	OR the applicant company may produce a Bank Bond or guarantee of USD 1,000,000.00 in lieu of the above equipment as commitment for the purchase of the equipment within three months after allocation of the block
7.	NA	Acceptable business plan
8.	NA	Track record of adherence to fees payment (for existing operators)
9.	NA	Reference of any good business record
10.	NA	Good track record of adherence to payment of taxes and other levies

4. Tenure of Allocation

The Hunting Regulations have been explicit on this point. The Minister is tasked to declare the tenure of such grants in the gazette and the same shall be for five (5) years from the date of declaration. Breakthrough Attorneys’ lawyers took part in negotiating, drafting and sealing various Investment Agreements for different companies and hunting blocks when the current tenure of allocation (2013 – 2018) was declared sometimes in the year 2012 and previously in the interim period of 2010 – 2013.

The law entails that any person that is allocated a hunting block after the commencement of the tenure period of ownership shall be allocated for only the remaining period of tenure, and hence the current declaration of grants for only three (3) years between 2015 – 2018.

5. Notifications, Grants and Fees Notifications

The Director of the Wildlife is required to acknowledge receipt of an application for allocation to an applicant within fourteen (14) days of receipt thereof. The Director will then immediately submit application(s) for a hunting block to the Hunting Block Advisory Committee (HBAC) which is tasked to deliberate and assess applications.

The Minister will afterward, discretionally and on advisement of the HBAC allocate the Hunting Block to a deserving Company. The allocation must be done within ninety (90) days from the deadline day of the applications submission.

Block Fees

Fees for the hunting blocks are in clusters based on the hunting block’s categories are stipulated in the law and they must be payable every year by 31^st March.

6. User Rights, Transfer of User Rights, Quota Control and Related Matters 

Hunting & Quota

Subject to the payment of fees for the hunting block and related levies, the grantee of a hunting block is at liberty to conduct tourist hunting therein. Of course, this liberty is subject to further restriction on amount of hunting quota that is granted to the hunting company. The Company is also tasked with controlling the quota within the block. Trophies hunted must be exported outside the block within twelve (12) months otherwise the hunting company should apply for a longer storage permit with a surcharge fee of 10% value of the trophies chargeable, in case the permit is granted.

Hunting Permits and Licenses – (Professional Hunters and Tourists)

A hunting safari must be commandeered by a licensed professional hunter together with either a Wildlife Officer or Certified Village Scout where the block is within a WMA. The Tourist Hunter must as well be having a hunting Permit from the Director of Wildlife.

Transfer of User Rights

• Payment of transfer fee (statutory fixed
•  Submission of all documents relating to the transfer agreement
•  Proof of payment of all necessary taxes and authorization from other laws
• Proof that the transferee does not own five or more hunting blocks.

NOTE:

1. Any change of majority shareholding ownership in a grantee of a hunting block is deemed a transfer of user right and needs to be sanctioned by the Minister beforehand.
2. Upon satisfaction of the above conditions the Minister may approve transfer.

7. Extensive Powers of the Minister and the Director of Wildlife

The Law and its regulations have vested a lot of discretional powers on the Minister and the Director of Wildlife. These powers open a leeway for abuse of power and corrupt practices. The Minister personally, has wide powers which include; declaring blocks, granting and cancelling allocations, approve transfers and so forth. The Director on the other hand has powers on issuing licenses, permits, hunting block certificate of grant, setting standards of trophies for each hunting company etc.

Conclusion:

Registering hunting blocks in Tanzania involves navigating a complex legal framework primarily governed by the Wildlife Conservation Act and associated regulations. The process begins with a formal application to the Director of Wildlife, varying slightly between blocks within Wildlife Management Areas (WMAs) and other regions. Criteria for assessment are stringent, with different requirements for Tanzanian-owned companies and foreign-owned entities.

The tenure for hunting block allocations is typically set at five years, with specific fees and user rights attached to the blocks. The Minister of Wildlife retains significant discretionary power throughout the process, from block allocation to the approval of transfers. Given these complexities, it is essential for applicants to ensure full compliance with legal requirements and maintain transparency to secure and maintain their hunting rights in Tanzania.

Disclaimer: This article is authored by Irene Gunze, an Advocate and Head of Corporate Services from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Sepia Attorneys and Stallion Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.