CHAPTER 283

THE TSETSE FLY CONTROL ACT.

Arrangement of Sections.

Section

Interpretation.

Power to make regulations.

Clearing of bush and trees on private land.

Offences and penalties.

CHAPTER 283

THE TSETSE FLY CONTROL ACT.

Commencement: 14 August, 1948.

An Act to enable measures to be taken for the control and the prevention of the spread of the tsetse fly.

1. Interpretation.

In this Act, unless the context otherwise requires—

“domestic animal” means any ass, bull, cow, dog, goat, horse, mule, ox, pig, sheep and includes any captive animal;

“tsetse control division” means the tsetse control division of the department of veterinary services and animal industry;

“tsetse fly” means any insect belonging to the genus glossina;

“vehicle” includes a motor vehicle.

2. Power to make regulations.

(1) In order to destroy and prevent the spread of the tsetse fly throughout Uganda, the Minister may make regulations for the following purposes—

prohibiting the movement of persons, domestic animals and vehicles to, from or within any area;

empowering the chief tsetse officer to restrict the movement of persons, domestic animals and vehicles to certain defined routes and to fix periods of the day or night when movement may take place, and to provide that such movement may be interrupted at certain specified points for specified periods;

providing for the inspection by employees of the tsetse control division or other persons so authorised by the chief tsetse officer of persons, domestic animals and vehicles for the purpose of detecting the presence of tsetse flies and for the introduction and enforcement of measures for ridding those persons, animals or vehicles of tsetse flies;

prohibiting, restricting or regulating the burning of grass or bush in any area and the imposing of penalties on any person negligently starting bush or grass fires in that area;

providing for the manner in which orders and notices made under

this Act and any regulations made under this Act shall be served or published, as the case may be; (f) providing for the introduction of any other measures necessary to prevent the spreading of tsetse flies.

For the more effective carrying out of any measures prescribed by regulations made under subsection (1), employees or agents of the tsetse control division may, in the execution of their duties under those regulations, erect barriers across any road or public highway.

Nothing in subsection (2) shall authorise or be construed as authorising any such employees or agents to obstruct or prevent the passage of any person, vehicle or domestic animal along a road or public highway for a longer period than is reasonably necessary for carrying into effect in relation to that person, vehicle or domestic animal any such measures.

3. Clearing of bush and trees on private land.

(1) The Minister may by order require any owner or occupier of
land—

to permit the clearing of bush and trees on his or her land by the tsetse control division or its agents; or

to clear the land of bush and trees himself or herself.

All bush, trees and crops cleared under subsection (1) shall remain the property of the owner or occupier, as the case may be, of the land and when any trees or crops have been cut down or destroyed, compensation shall be paid to the owner or occupier in respect of any loss he or she has incurred in respect of that cutting down or destruction.

Any owner or occupier shall be reimbursed for any expenses he or she may have incurred in clearing his or her land under an order made under subsection (1)(b).

When the Minister has made an order under subsection (1), he or she may by the same or a subsequent order require the owner or occupier of the land to—

permit the tsetse control division or its agents to maintain the land, after it has been cleared, in a condition unfavourable to the existence or spread of tsetse fly; or

require the owner or occupier of the land after the land has been

cleared and is in a condition unfavourable to the existence or spread of tsetse fly to maintain the land in such condition,
and no payment or compensation shall be payable to the owner or occupier
for any requirement under this subsection.

If the owner or occupier of any land fails when required under subsection (4)(b) to keep his or her land in a condition unfavourable to the existence or spread of tsetse fly, the chief tsetse officer may cause the land to be so maintained and the expense of the maintenance may be recovered from the owner or occupier by civil suit.

A suit under subsection (5) shall be in addition to and not in substitution for any proceedings that may be taken under section 4.

If the owner or occupier is unable to agree with the chief tsetse officer as to the amount of any compensation or reimbursement payable under subsection (2) or (3), then the amount of compensation or reimbursement payable shall be determined by the majority decision of three assessors, one of whom shall be nominated by the occupier or owner of the land, one by the chief tsetse officer and one, who shall be chairperson, by the Minister.

The decision of the assessors shall be final; except that the opinion of the chief conservator of forests or his or her representative shall be final as to the value of any tree.

Any order made under this section shall be in writing and may be signed by the chief tsetse officer on behalf of the Minister.

4. Offences and penalties.

Any person who contravenes any regulations or any orders made under this Act commits an offence and is liable on conviction to a fine not exceeding five hundred shillings, or in default of payment to imprisonment for a period not exceeding three months.

History: Cap. 275.